7/1/22, 11:02 AM Bill Text - AB-1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1817 1/4 ASSEMBLY BILL NO. 1817
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Date Published: 06/30/2022 09:00 PM
AB-1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS).(2021-202
AMENDED IN SENATE JUNE 30, 2022
AMENDED IN ASSEMBLY MAY 09, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
AMENDED IN ASSEMBLY MARCH 15, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Assembly Members Ting and Cristina Garcia (Principal coauthor: Assembly Member Friedman) (Coauthors: Assembly Members Bloom and Stone) (Coauthor: Senator Stern) February 07, 2022
An act to add Chapter 13.5 (commencing with Section 108970) to Part 3 of Division 104 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1817, as amended, Ting. Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Existing law prohibits, beginning January 1, 2023, any person from distributing, selling, or offering for sale in the state any foodpackaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined, and requires amanufacturer to use the least toxic alternative when replacing regulated perfluoroalkyl and polyfluoroalkyl substances or PFASin food packaging to comply with this requirement. Existing law similarly prohibits, beginning July 1, 2023, a person from sellingor distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains regulatedPFAS chemicals.
This bill would prohibit, beginning January 1, 2025, any person from manufacturing, distributing, selling, or offering for sale inthe state any new, not previously owned, textile articles that contain regulated PFAS, except as specified, and requires amanufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.The bill would require a manufacturer of a textile article that contains regulated PFAS to provide persons that offer the productfor sale or distribution in the state with a certificate of compliance stating that the textile article is in compliance with theseprovisions and does not contain any regulated PFAS.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the following:
HomeBill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 7/1/22, 11:02 AM Bill Text - AB-1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1817 2/4 (1) Perfluoroalkyl and polyfluoroalkyl substances, or PFAS, are known persistent, toxic, and bioaccumulative substances withmultiple adverse effects on human health. (2) PFAS are utilized in a broad range of products for their water- and stain-resistant properties, including clothing andtextiles, despite the growing body of evidence that these materials may leach into food, water supplies, and even the humanbody through prolonged exposure. PFAS in apparel and textiles can contaminate sources of drinking water and ourenvironment in multiple ways, including through washing and disposal in landfills and incinerators, in addition to impacts onworkers and communities in manufacturing locations and global circulation of these persistent chemicals. (3) Adverse health impacts associated with PFAS include kidney and liver damage, decreased immune system function,interference with vaccine uptake, developmental and reproductive harm, increased risk of asthma, and increased incidences oftesticular and kidney cancer for those with high exposure. (4) Multiple alternatives to PFAS have been identified for water resistance in clothing and textiles. For stain resistance,addressing stains, soap and water work well for most situations, and alternative materials and cleaning solutions offeradditional options. This legislation, therefore, phases these uses of PFAS out. (5) However, for some personal protective equipment (PPE), such as for firefighting gear, alternatives to PFAS are notcurrently in use. Firefighters face elevated levels of exposure to PFAS through a variety of means, including PPE that is treatedwith PFAS for its water-resistant properties, as well as through aqueous film-forming foams (AFFF) that contain highlyfluorinated forms of fluorosurfactants. (6) In 2020, the Legislature passed and the Governor signed into law Senate Bill 1044, phasing out the use of thesefluorinated foams by prohibiting manufacturers from manufacturing, distributing, or selling any firefighting foams containingintentionally added PFAS beginning in 2022, with limited exemptions in place for facilities that require more time to transitiontheir systems. (7) This restriction on the sale and use of fluorinated foams, both in responding to emergencies as well as in trainingexercises, was in direct response to the health risks posed by repeated exposures, and in recognition of the environmentaland other public health impacts of the discharge of these toxic foams. (8) No such phaseouts were mandated for PPE in Senate Bill 1044, and unlike AFFF, currently there are no effectivealternatives to PFAS in use for critically important, lifesaving PPE. Instead, the bill contained a provision mandating thenotification by the seller of PPE to the purchaser if PFAS is present in the PPE, to be kept on file three years from the date ofthe transaction. (9) Research and product development is currently ongoing to create PPE without PFAS that meets the stringent safetystandards required for use by firefighters. Once these products are approved, it is of paramount importance that replacementsare made as quickly as possible to ensure that California’s firefighters are not forced to expose themselves to toxic substanceswhile wearing their required safety equipment. (10) While this act exempts PPE for the time being to ensure that first responders and other workers continue to haveprotection on the job, steps must be taken by all employers and manufacturers to ensure that PFAS are eliminated from PPEas quickly as possible, and to limit exposures as much as possible in the meantime. (b) It is the intent of the Legislature that manufacturers of textiles textile articles eliminate the use of PFAS from their materials,and that manufacturers of PPE, for which there are no current alternatives to PFAS, engage in product development andresearch in order to phase them out as quickly as possible.
SEC. 2. Chapter 13.5 (commencing with Section 108970) is added to Part 3 of Division 104 of the Health and Safety Code, toread:
CHAPTER 13.5. Textile Articles
108970. For purposes of this article, the following terms have the following definitions:
(a) “Apparel” means either any of the following:
(1) Clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants,skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms,leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everydayuniforms for workwear. Clothing items intended for regular wear or formal occasions does not include personal protectiveequipment or clothing items for exclusive use by the United States military. (2)Clothing items intended primarily for outdoor activities, including, but not limited to, hiking, camping, skiing, climbing,bicycling, and fishing. (2) Outdoor apparel.
(3) Outdoor apparel for severe wet conditions.
(b) “Manufacturer” has the same meaning as that term is defined in Section 108952. 7/1/22, 11:02 AM Bill Text - AB-1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1817 3/4 (c) “Outdoor apparel” means clothing items intended primarily for outdoor activities, including, but not limited to, hiking,camping, skiing, climbing, bicycling, and fishing. (d) “Outdoor apparel for severe wet conditions” means outdoor apparel that are extreme and extended use products designedfor outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions oragainst extended immersion in water or wet conditions in order to protect the health and safety of the user and that are notmarketed for general consumer use. Examples of extreme and extended use products include outerwear for offshore fishing,offshore sailing, whitewater kayaking, and mountaineering. (c)
(e) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at leastone fully fluorinated carbon atom. (d)
(f) “Personal protective equipment” means equipment worn to minimize exposure to hazards that cause serious workplaceinjuries and illnesses that may result from contact with chemical, radiological, physical, biological, electrical, mechanical, orother workplace hazards. (e)
(g) “Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS” means either of the following:
(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in theproduct, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products ofan added chemical that also have a functional or technical effect in the product. (2) The presence of PFAS in a product or product component at or above 300 parts per billion, as measured in total organicfluorine. the following thresholds, as measured in total organic fluorine:
(A) Commencing January 1, 2025, 100 parts per million.
(B) Commencing January 1, 2027, 50 parts per million.
(C) Commencing January 1, 2029, 10 parts per million.
(f)
(h) “Textile” means any item made in whole or part from a natural, manmade, or synthetic fiber, yarn, or fabric, and includes,but is not limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon, or polyester. “Textile” does not include disposablehygiene products made from tree or plant fiber, paper, including, but not limited to, toilet paper, paper towels or tissues, ordisposable absorbent hygiene products. (g)
(i) (1) “Textile articles” means textile goods of a type customarily used in households and businesses, and include, but are notlimited to, apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels,napkins, and tablecloths. (2) “Textile articles” does not include any of the following:
(A) Any of the following items regulated under the Safer Consumer Products Program (Chapter 55 (commencing withSection 69501) of Division 4.5 of Title 22 of the California Code of Regulations):
(i) Carpets and rugs.
(ii) Treatments containing PFAS for use on converted textiles or leathers. (B) A vehicle, as defined in Section 670 of the Vehicle Code, or its component parts. (C) A vessel, as defined in Section 21 of the Harbors and Navigation Code, or its component parts, such as boat covers. (C)
(D) Filtration media and filter products used in industrial applications, including, but not limited to, chemical orpharmaceutical manufacturing, and environmental control technologies. (D)
(E) Textile articles used in or for laboratory analysis and testing. 108971. (a)Commencing on (a) (1) Except as provided in paragraph (2), commencing January 1, 2025, no person shallmanufacture, distribute, sell, or offer for sale in the state any new, not previously used, textile articles that contain regulated 7/1/22, 11:02 AM Bill Text - AB-1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1817 4/4 perfluoroalkyl and polyfluoroalkyl substances or PFAS.
(2) Paragraph (1) does not apply to outdoor apparel for severe wet conditions until January 1, 2027. However, commencingJanuary 1, 2025, no person shall distribute, sell, or offer for sale in the state any outdoor apparel for severe wet conditionsthat contain regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS unless it is accompanied by a legible and easilydiscernable disclosure with the statement “Made with PFAS chemicals.” (b) A manufacturer shall use the least toxic alternative, including alternative design, when removing regulated perfluoroalkyland polyfluoroalkyl substances or PFAS in textile articles to comply with this chapter. (c) A manufacturer of a textile article that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS shall providepersons that offer the product for sale or distribution in the state with a certificate of compliance stating that the textile article isin compliance with the requirements of this chapter and does not contain any regulated perfluoroalkyl and polyfluoroalkylsubstances or PFAS. A certificate of compliance provided pursuant to this subdivision shall be signed by an authorized official ofthe manufacturer. The certificate of compliance may be provided electronically and shall be posted on the manufacturer’sinternet website. (d) A distributor or retailer of a textile article that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS,article, if they are not also the manufacturer of the product, shall not be held in violation of this chapter if they relied in goodfaith on the certificate of compliance provided by the manufacturer pursuant to subdivision (c). A distributor or retailer shall notbe considered to have relied in good faith on the certificate of compliance if they know or should have known that the textilearticle contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.