Product safety: proofs of purchase: intentionally added bisphenols.

Removed Section 108943.2(d), which prohibited manufacturers from replacing bisphenols with any chemical identified by DTSC as a Candidate Chemical under Section 69502.2 of Title 22 of the California Code of Regulations. This narrows the list of prohibited replacement chemicals, leaving only the EPA carcinogenicity and reproductive/developmental toxicant restrictions in subsections (b) and (c).

Corrected the definition of 'intentionally added bisphenols' in Section 108943(d) by removing redundant language ('bisphenols that are intentional breakdown products if') and fixing a grammatical error ('have has' changed to 'has'). The meaning is substantively the same but the language is cleaner.

Changed 'this act' to 'this chapter' in Section 108943.3, correcting the reference since the bill adds a chapter to the Health and Safety Code rather than creating a standalone act.

Removed the definitions of 'Business' (a person accepting payment through cash, credit, or debit transactions, with exclusions for health care providers and small nonprofits under $2 million in gross sales) and 'Consumer' (a person who purchases goods or services for personal use). This simplifies the regulatory framework and removes criteria that could have been used to determine which entities are covered.

Removed the private right of action provision that entitled a prevailing plaintiff who establishes a violation to an award of reasonable attorney's fees and costs. Individuals can no longer sue directly under this chapter.

Narrowed enforcement authority from 'the department, the Attorney General, a district attorney, a county counsel, or a city attorney' to only 'the department' (Department of Toxic Substances Control). Local and state prosecutors can no longer enforce violations under this bill.

Changed penalty language from 'A violation shall be punishable by a civil penalty' to the department considering 'the enforcement mechanism and the amount of any administrative penalty to be imposed.' This shifts the framing from a mandatory civil penalty to discretionary administrative penalties.

Various grammatical cleanups throughout, including fixing 'chemicals a chemical' to 'a chemical,' 'reproductive toxicants toxicant that cause causes' to 'reproductive toxicant that causes,' and standardizing references from 'Department of Toxic Substances Control department' to simply 'department.' Also changed 'this act' to 'this chapter' in the cumulative obligations section.

Removed the qualifier 'provided to a consumer by a business or created by a manufacturer' from the prohibition, broadening it to cover all paper proofs of purchase containing intentionally added bisphenols regardless of who provides or creates them.

Replaced the straightforward civil penalty provision with a case-by-case administrative enforcement mechanism. DTSC may now consider the nature and severity of the violation, good or bad faith, history of prior violations, evidence of willfulness, and extent of cooperation when determining the amount of an administrative penalty (still capped at $5,000 first offense and $10,000 subsequent).

Narrowed the public posting requirement from 'any violation or enforcement action' to 'any substantiated violation or final enforcement action,' meaning only confirmed violations and completed enforcement actions must be posted on DTSC's website.

Assembly Member Zbur was added as a co-author of the bill.

The deadline for banning intentionally added bisphenol A in paper proofs of purchase was moved from January 1, 2027 to January 1, 2028.

The deadline for banning all intentionally added bisphenols in paper proofs of purchase was moved from January 1, 2028 to January 1, 2029.

The prohibition was restructured from a product-based rule (paper proof of purchase shall not contain) to an actor-based rule (no person shall manufacture, distribute, sell, or offer for sale a paper proof of purchase that contains), explicitly naming the prohibited activities and broadening who is directly targeted.

The single provision restricting replacement chemicals was split into three separate provisions: (b) now covers EPA-classified carcinogens and Prop 65 listed chemicals, (c) specifically addresses reproductive toxicants causing birth defects, reproductive harm, or developmental harm, and (d) covers DTSC Candidate Chemicals. This makes each restriction more specific and easier to enforce independently.

New Section 108943.2(a) requires manufacturers to use the least toxic alternative when replacing any form of bisphenol in a paper proof of purchase product.

New Section 108943.2(b) prohibits manufacturers from replacing bisphenols with chemicals classified by EPA as carcinogenic to humans, likely to be carcinogenic to humans, or having suggestive evidence of carcinogenic potential, or listed on the Proposition 65 list as known to cause cancer or reproductive toxicity.

New Section 108943.2(c) prohibits manufacturers from replacing bisphenols with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by EPA or listed on the Proposition 65 list.

New Section 108943.2(d) prohibits manufacturers from replacing bisphenols with any chemical identified by DTSC as a Candidate Chemical under Section 69502.2 of Title 22 CCR.

The cumulative duties provision was renumbered from Section 108943.2 to Section 108943.3 to make room for the new manufacturer requirements.

Legislative finding (b) corrected from '93 80 percent' to '80 percent' regarding the proportion of paper receipts coated with BPA or BPS.

Removed legislative finding (c) stating that the FDA banned BPA from baby bottles due to hormone disruption concerns. Remaining findings were re-lettered.

A new definition of 'bisphenol' was added: a chemical with two phenol rings connected by a single linker atom, where the linker atom and phenol rings may have additional substituents. This provides a scientific basis for identifying which chemicals fall under the ban.

The definition of 'intentionally added bisphenol A' now includes the CAS number (80-05-7), adding chemical specificity to the identification of the banned substance.

A new Section 108943.2 was added as a savings clause, stating that duties and obligations under this act are cumulative with other laws, do not relieve any party from obligations under other law, and do not limit rights or remedies under existing law.

A new legislative finding (subsection c) was added stating that bisphenols are linked to cardiovascular disease, fertility problems, obesity, diabetes, and cancer including breast and prostate cancer. This replaced the prior finding about the FDA banning BPA from baby bottles.

The legislative finding on the percentage of paper receipts coated with BPA or BPS was changed from 93 percent to 80 percent, likely reflecting updated data from the Ecology Center.

The legislative finding on other jurisdictions' restrictions was updated to include 'the State of Washington banned all bisphenols in thermal paper as of 2026.'