PFAS Enforcement Bill Sent to Governor Newsom for Consideration
CA AB 347, which details enforcement language to California’s existing laws restricting PFAS in certain consumer products (juvenile products, textile articles and food packaging), passed the California State Assembly and Senate and will be sent to Governor Newsom for his signature or veto. Since these existing PFAS laws do not state which agency of the California government would enforce them, they are collectively referred to as the so-called “orphan codes.”
In the orphan codes, “Juvenile product” is defined to include a “crib mattress, polyurethane foam mat, pad, or pillow, portable foam nap mat, and toddler mattress.” The definition of juvenile products in this bill specifically excludes adult mattresses (which would include twin size mattresses). The law defines “textile articles” as “textile goods of a type customarily and ordinarily used in households and businesses” including “furnishings, upholstery, and bedding.” Although the word “mattress” is not explicitly used, the “textile articles” definition is broad enough to apply to mattresses.
As ISPA has previously reported, this legislation would authorize California’s Department of Toxic Substances Control (DTSC) to enforce the orphan codes and require manufacturers of products subject to these laws to register with DTSC.
Specifically, AB 347 requires DTSC to:
- Promulgate regulations on or before January 1, 2029
- Enforce the laws and regulations by July 1, 2030
Additionally, AB 347 requires manufacturers to register with DTSC, on or before July 1, 2029. To register, manufacturers must provide the name and description of each covered product it manufactures, a statement that the products comply with the PFAS restrictions and pay the “applicable registration fee.”
While the coalition of allied trade associations has successfully achieved some amendments, AB 347, as passed by the California State Legislature, still unfairly burdens manufacturers administratively and financially. In collaboration with other trade associations, ISPA will urge Governor Newsom to veto this legislation. The high costs required for DTSC to implement these regulations will be central to the coalition’s argument for a veto.
The Governor will have until September 30th to sign or veto AB 347. ISPA will keep you apprised of any significant developments.