California Enacts Enforcement Scheme for PFAS Ban in Plant-Based Food Packaging
California AB 347, which was signed by the governor on September 29, 2024, requires the California’s Department of Toxic Substances Control (DTSC) to enforce prohibitions on the use of per- and polyfluoroalkyl substances (PFAS) in food packaging comprised of materials derived from plant fibers, juvenile products, and textile articles. More specifically, DTSC is required to adopt regulations for the enforcement of the use of PFAS in the covered products by July 1, 2029, and to enforce and ensure compliance with those provisions by July 1, 2030.
AB 347 covers “food packaging” as defined in AB 1200 (i.e., “nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages, and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers”). The threshold for the allowable level of PFAS in food packaging is 100 ppm.
Registration by manufacturers of covered products must include:
- The name and a description of each covered product it manufactures,
- The application registration fee, and
- A statement of compliance certifying that each covered product is in compliance with the applicable PFAS restriction.
DTSC is required to publish by January 1, 2029, a list of accredited laboratories and accepted methods for testing whether a covered product complies with the PFAS restrictions.
The legislation specifies that DTSC may “procure and test any covered product for compliance with the applicable covered PFAS restrictions.” If DTSC’s testing or test results submitted as part of the registration process indicate that a covered product violates one or more applicable covered PFAS restriction, then the Department shall issue a notice of violation, which will be made public. The bill also authorizes DTSC to assess an administrative penalty for a violation of these prohibitions of not less than $10,000 for the first violation and to pursue temporary or permanent injunctions against non-compliant manufacturers.