Two Separate CA Bills Would Further Restrict the Use of PFAS

One of two bills currently before the California legislature is the Reducing Toxics in Packaging Act, AB 2761, which would ban the manufacture, sale, and distribution of plastic packaging containing “regulated” perfluoroalkyl and polyfluoroalkyl substances (PFAS) or polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). According to the bill, “regulated PFAS” has the same meaning as in paragraph (3) of subdivision (a) of Section 109000 of the California Health and Safety Code, which is intentionally added PFAS or PFAS at levels of 100 parts per million or higher, as measured in total organic fluorine. The legislation provides exemptions for packaging for medical products and for products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

AB 2716 was approved by the Assembly on May 22 and is now before the Senate. If enacted, the ban would become effective January 1, 2026.

The other bill, SB 903, would ban the sale or distribution of any product containing intentionally added PFAS in California starting January 1, 2032, unless the California Department of Toxic Substances Control (DTSC) determines that the use of PFAS in that product is a currently unavoidable use, the ban is preempted by federal law, or the product was previously used. 

The bill allows DTSC to impose an earlier effective date for a product category if: 1) there are safer alternatives; 2) PFAS is not required for the product to work; or 3) the use of PFAS in the product is not critical for the health, safety, or functioning of society. SB 903 would prevent DTSC from determining that the use of PFAS in a product is unavoidable if a peer-reviewed study shows alternatives to PFAS are available or the product is banned in another jurisdiction.

SB 903 is before the Appropriations Committee.