Cosmetic products: perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, as defined, if the state board determines adequate data exist to establish the regulations are necessary to attain state and federal ambient air quality standards and the regulations are commercially and technologically feasible and necessary. Existing law prohibits, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) . Existing law defines, for these purposes, "PFAS" to mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, and "intentionally added PFAS" to mean PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product, or PFAS chemicals that are intentional breakdown products of an added chemical. This bill would authorize a person or entity to petition the board to exempt an intentionally added PFAS from that prohibition, and would authorize the state board to, in consultation with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and the Department of Toxic Substances Control, exempt an intentionally added PFAS from that prohibition if the state board determines that the intentionally added PFAS meets specified qualifications. The bill would require the petitioner to provide specified information in their exemption petition to the board, including, among other things, the name of the intentionally added PFAS proposed for exemption, its intended end use, and its intended concentration in the proposed cosmetic product.