Plain English Breakdown
The effective date of January 1, 2028 is stated for the prohibition and regulation adoption, but specific enforcement dates beyond that are not detailed in this excerpt.
AB-872: Rules for PFAS Chemicals in Products
This law prohibits selling products with intentionally added PFAS starting January 1, 2028, unless the state approves an exception or federal law overrides it.
What This Bill Does
- Prohibits distributing, selling, or offering for sale covered products containing intentionally added PFAS beginning on January 1, 2028.
- Allows exceptions if the Department of Toxic Substances Control determines the use is currently unavoidable, issues a regulatory response under the Green Chemistry program, or federal law preempts the prohibition.
- Requires the department to specify criteria and procedures for determining, renewing, and revoking 'currently unavoidable' status by January 1, 2028.
- Mandates the department to publish an online list of currently unavoidable uses, their expiration dates, and exempt products.
- Authorizes manufacturers to petition the department to evaluate a covered product under the Green Chemistry program.
Who It Names or Affects
- Persons who distribute, sell, or offer for sale covered products containing intentionally added PFAS
- Manufacturers of covered products
- The Department of Toxic Substances Control
Terms To Know
- PFAS
- Perfluoroalkyl and polyfluoroalkyl substances, a group of chemicals that may be intentionally added to products.
- Green Chemistry program
- A state process requiring the department to identify chemicals of concern in consumer products and provide regulatory responses, which can include restrictions or prohibitions.
- Currently unavoidable use
- An official determination by the department that a specific product requires PFAS because no safe alternative exists at this time.
Limits and Unknowns
- The bill does not list every specific type of 'covered product' in the text provided; definitions are referenced but not detailed.
- The exact criteria for determining if a use is 'currently unavoidable' will be set in regulations adopted by January 1, 2028.