Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.

Senator Allen’s proposal ties California’s environmental health objectives to a phased restriction on intentionally added PFAS across a defined slate of consumer goods, beginning in 2028 with an expansion to cookware by 2030. The measure would prohibit distribution, sale, or offering for sale cleaning products, dental floss, juvenile products, food packaging, ski wax, and, later, cookware that contain intentionally added PFAS, subject to limited exceptions and preemption where federal law applies. The bill’s findings portray PFAS as persistent and widely detected, framing restrictions on nonessential uses as an immediate legislative objective.

Key changes establish a defined set of products and a timeline for restrictions. A new category of “2028 products” includes cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax, with “intentionally added PFAS” defined to cover PFAS added to a product for a functional or technical effect. A prohibition applies to these 2028 products starting January 1, 2028, with two notable carve-outs: previously used products remain eligible, and federal law may preempt state action. For cleaning products, a separate allowance permits PFAS to be present only in inaccessible electronic components or internal mechanical components, but the manufacturer bears the burden of proving PFAS are not intentionally added or are solely attributable to those components; this allowance expires on January 1, 2031. Beginning January 1, 2030, cookware also becomes subject to a prohibition on intentionally added PFAS, with similar exceptions for previously used products and federal preemption.

Implementation and enforcement are structured through the state’s existing regulatory framework. The department would have authority to adopt regulations to administer these provisions, including testing and the ability to issue notices of violation and seek penalties or injunctions for noncompliance. Testing methods and appropriate third‑party accreditation would be published on the department’s website, with the department authorized to update them as needed. Manufacturers of covered products must register with the department and provide product descriptions, registration details, and a statement of compliance certifying that each covered product meets the applicable PFAS restrictions; the department may request technical documentation and analytical test results to demonstrate compliance, with the testing methods to be those published by the department. Enforcement of the chapter would commence on or after mid-2029 to early 2030, and the bill would exempt manufacturers of regulated products from the registration requirements and fees that otherwise apply under existing enforcement authority.

The proposal situates these changes within a broader policy context that cites widespread PFAS contamination and health and environmental concerns, while explicitly acknowledging that the state’s action interacts with federal law and existing environmental health authorities. The bill references the essential‑use concept to justify a transition away from nonessential PFAS uses, and it ties the cleaning‑product provisions to California’s VOC regulations administered by the air resources board, including a prohibition on using variances to comply with those VOC standards. The act also states it does not limit other mandates or rights of action, and it signals a timeline for regulations and compliance that reflects both prevention goals and a phased, administerial approach to implementation.