SB 754: Menstrual products: disposable tampons and pad products: concerning chemicals.

Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. Existing law makes a violation of these provisions punishable by a civil and administrative penalty. Existing law creates the T.A.M.P.O.N. Act Fund in the State Treasury for the deposit of these penalties. Existing law provides that moneys in the fund are available upon appropriation by the Legislature.

This bill would require, on and after December 31, 2026, a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of specified chemicals in the manufacturer’s disposable tampon or pad products. The bill would authorize the department to determine, and publish on its internet website, additional concerning chemicals in disposable tampons or pad products, as provided. The bill would authorize the department to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals in the manufacturer’s disposable tampon or pad products. The bill would authorize the department to publish on its internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for those specified and any additional concerning chemicals, as specified. The bill would require, upon request from the department, a manufacturer to provide any technical documentation, including test methods and analytical test results, to assess the concentrations of those specified and any additional chemicals in its disposable tampon or pad products, as provided. The bill would authorize the department to conduct its own tests to confirm the manufacturer’s results, or contract with third-party laboratories for that testing. The bill would require the manufacturer to pay for the costs of testing the manufacturer’s products before the testing is conducted. The bill would require that any charges collected by the department pursuant to these provisions be deposited into the T.A.M.P.O.N. Act Fund and made available, upon appropriation by the Legislature, to the department for purposes of implementing these provisions, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers’ compliance with, these provisions.

The bill would authorize the department to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The bill would authorize the department to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on the department’s internet website.