109030.
For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a) “2028 product” means any of the following:
(1) Cleaning products.
(2) Cookware.
(3) Dental floss.
(4) Juvenile products.
(5) Food packaging.
(6) Ski wax.
(b) “Cleaning product” has the same meaning as “designated product” in Section 108952, except that “cleaning product” does not include either of the following:
(1) A battery provided with a cleaning product.
(2) A battery installed in a cleaning product by a consumer.
(c) “Component” means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(d) “Cookware” has the same meaning as in Section 109010, but does not include inaccessible electronic components of cookware. For these purposes, an “inaccessible electronic component” is an electronic part or component of a cookware product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product.
(e) “Department” means the Department of Toxic Substances Control.
(f) (1) “Food packaging” means a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A) A unit package, an intermediate package, or a shipping container.
(B) Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C) An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2) “Food packaging” does not include a product that meets the definition of “food packaging” in Section 109000 or a refrigerator or other appliance used in a home or commercial setting, such as a hospital.
(g) “Intentionally added PFAS” means PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process, such as PFAS created as a result of fluorination of plastic.
(h) (1) “Juvenile product” means a product designed for use by infants and children under 12 years of age.
(2) “Juvenile product” does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(3) “Juvenile product” does not include either of the following until January 1, 2032:
(A) An off-highway motor vehicle, as defined in Section 38012 of the Vehicle Code, including a replacement part for such a vehicle.
(B) A motorcycle that is eligible for a special transportation identification device pursuant to Section 38088 of the Vehicle Code, including a replacement part for such a motorcycle.
(i) (1) Subject to paragraphs (2) and (3), “manufacturer” means either of the following:
(A) A person that manufactures the product and whose name appears on the product label.
(B) A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2) In the case of a product imported into the United States, “manufacturer” includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3) “Manufacturer” does not include trade associations or similar entities.
(4) For purposes of this chapter, a product may have more than one manufacturer.
(j) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(k) “Person” means an individual, firm, corporation, association, or other entity doing business in California.
(l) (1) “Product” means a “consumer product” as defined in Section 25251.
(2) “Product” does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(m) “Ski wax” means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.2.
(a) (1) Except as provided in subdivisions (b) and (c), on and after January 1, 2028, a person shall not distribute, sell, or offer for sale in the state a 2028 product that contains intentionally added PFAS.
(2) (A) In addition to the requirement in paragraph (1), and subject to subdivision (c), a cleaning product, including a newly formulated or reformulated cleaning product, sold in the state on and after January 1, 2028, shall comply with Article 2 (commencing with Section 94507) and Article 4 (commencing with Section 94540), if applicable, of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations.
(B) A cleaning product offered for sale on and after January 1, 2028, that is subject to Subchapter 8.5 (commencing with Section 94500) of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations shall comply with those regulations without using intentionally added PFAS and without the use of a variance pursuant to Section 94514 of Title 17 of the California Code of Regulations.
(b) Except as provided in subdivision (c), on and after January 1, 2030, a person shall not distribute, sell, or offer for sale in the state cookware that contains intentionally added PFAS.
(c) A prohibition described in subdivision (a) or (b) shall not apply to either of the following:
(1) A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2) A previously used product.
109030.3.
(a) A 2028 product that is a cleaning product does not violate subdivision (a) of Section 109030.2 if an inaccessible electronic component or internal mechanical component of the cleaning product contains intentionally added PFAS but the cleaning product otherwise does not contain intentionally added PFAS.
(b) If PFAS is detected in a cleaning product and an inaccessible electronic component or internal mechanical component of the cleaning product contains intentionally added PFAS, the manufacturer of a cleaning product shall have the burden of proof to demonstrate that the PFAS is either not intentionally added or solely attributable to an inaccessible electronic component or internal mechanical component of the cleaning product.
(c) For purposes of this section, both of the following definitions apply:
(1) “Inaccessible electronic component” is an electronic part or electronic component of a cleaning product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product, and includes parts of a product used for holding batteries regardless of whether the parts are touched when replacing those batteries.
(2) “Internal mechanical component” is one of the following:
(A) O-rings used to create a tight, flexible seal against liquids or gases.
(B) Gaskets used to provide a barrier or seal between surfaces to prevent leaks.
(C) Venting caps or cap liners used to enable release of gas and prevent bulging or bursting of containers.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.