Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.

The amendment to Section 25252 of the Health and Safety Code was deleted. This provision would have authorized (but not required) the Safer Consumer Products Regulations to evaluate uses of PFAS in products covered by the new Chapter 17.5. Its removal means the bill no longer touches the existing chemical prioritization regulatory framework.

New Section 109030.3 creates a temporary exemption for cleaning products: if an inaccessible electronic component or internal mechanical component (O-rings, gaskets, venting caps or cap liners) contains intentionally added PFAS but the rest of the product does not, the product is not in violation. The manufacturer bears the burden of proof if PFAS is detected. This exemption sunsets on January 1, 2031.

The definition of 'cleaning product' in Section 109030 was expanded to explicitly exclude batteries provided with a cleaning product and batteries installed by a consumer, clarifying that the PFAS ban applies to the product itself rather than replaceable power sources.

The act description was updated to reflect the removal of the Section 25252 amendment and to note the repeal (via sunset) of Section 109030.3. Duplicate section numbering markers were cleaned up throughout the bill text.

The main prohibition date was pushed back one year from January 1, 2027 to January 1, 2028. The product category was renamed from '2027 product' to '2028 product.'

The 2035 prohibition on all other consumer products containing water-soluble PFAS (or PFAS that may decompose into or release water-soluble PFAS) was removed entirely.

The 2040 prohibition on specific industrial products (refrigerants, solvents, propellants, clean fire suppressants, textiles for protective equipment, semiconductor manufacturing products, lubricants, and others) was removed entirely, along with the detailed list of 14 exempted product categories.

A new separate prohibition was added: on and after January 1, 2030, a person shall not distribute, sell, or offer for sale cookware that contains intentionally added PFAS. This is in addition to the 2028 prohibition which also covers cookware.

The entire 'currently unavoidable use' determination framework was removed. This included the petition process, criteria (no safer alternatives available, function necessary for product to work, critical for health/safety/functioning of society), six-year expiration with possible three-year extension, renewal requirements, and public comment provisions.

The department's regulatory authority was changed from mandatory ('shall adopt regulations') to permissive ('may adopt regulations'), and the requirements for application fees and guidance on reliable information were removed.

The PFAS Oversight Fund was removed, along with the requirement that regulations establish application fees deposited into the fund.

The definition of 'intentionally added PFAS' was simplified from two prongs (added with functional effect, AND intentionally used/produced during manufacture) to a single prong (PFAS added to a product that has a functional or technical effect).

Multiple definitions were removed: '2035 product,' '2040 product,' 'currently unavoidable use,' 'necessary for the product to work,' 'product category,' 'reliable information,' and 'safer alternative.'

The constitutional findings section (SEC. 6) regarding public records act limitations for trade secret confidentiality was removed, consistent with the removal of the confidential information provisions tied to the 'currently unavoidable use' framework.

Header changed from listing all prior amendment dates (Senate April 8 through Assembly September 9) to a clean enrolled format showing 'Passed the Senate September 13, 2025' and 'Passed the Assembly September 12, 2025' with signature blocks for the Secretary of the Senate, Chief Clerk of the Assembly, and Private Secretary of the Governor.

The fiscal summary line ('Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.') was removed, as is standard when a bill becomes enrolled.

Page numbers were renumbered (from 90 to 89 in several places) and the legislative counsel's digest was reformatted to remove the 'as amended' designation after Senator Allen's name.

Cleaning products sold on or after January 1, 2028 must now comply with CARB VOC regulations (Article 2 and Article 4 of Subchapter 8.5 of Title 17, Division 3, Chapter 1 of the California Code of Regulations), in addition to the PFAS ban. This applies to newly formulated or reformulated cleaning products.

Cleaning products subject to the VOC subchapter may not use a regulatory variance under Section 94514 of Title 17 to comply with those regulations, closing a potential loophole that would have allowed PFAS-containing formulations to be approved through a variance process.

Section 109030.4 now explicitly authorizes the Department of Toxic Substances Control to use any analytical test or certification method already authorized under Section 108079 (the broader PFAS enforcement chapter) when administering Chapter 17.5, streamlining compliance verification across product categories.

The prohibition on selling cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax containing intentionally added PFAS is delayed one year from January 1, 2027 to January 1, 2028. The term '2027 product' is renamed '2028 product' throughout.

The expiration period for a currently unavoidable use determination is extended from five years to six years, and the window for filing a subsequent renewal request is correspondingly extended from within five years to within six years of the prior determination.

The deadline for manufacturers to submit a renewal petition for a currently unavoidable use determination is changed from no later than six months before expiration to no later than 14 months before expiration, giving manufacturers significantly more advance notice time.

The bill changes from requiring the department to adopt regulations by January 1, 2029 to authorizing (but not requiring) the department to do so. This makes regulatory adoption discretionary rather than mandatory.

The provision allowing a petitioner to supplement its petition only once with relevant new information before January 1, 2030 is removed, eliminating the one-time supplement limitation.

The definition of 'intentionally added PFAS' is expanded with an example: 'such as PFAS created as a result of fluorination of plastic,' clarifying that PFAS generated through the fluorination process counts as intentionally added.

In the petition deadline provision (subdivision (i)), the reference is changed from 'paragraph (1) of subdivision (b)' to simply 'subdivision (b)' of Section 109030.1, broadening which products are subject to the January 1, 2030 petition deadline.

The definition of 'cookware' now excludes inaccessible electronic components - electronic parts entirely enclosed within another material that cannot come out of or be accessed during reasonably foreseeable use or abuse. This exempts things like embedded heating elements or control boards in electric cookware from the PFAS ban.

The definition of 'food packaging' now excludes refrigerators and other appliances used in a home or commercial setting, such as a hospital. This removes large appliances from the scope of the food packaging PFAS prohibition.

A new time-limited exclusion is added to the 'juvenile product' definition: off-highway motor vehicles (as defined in Vehicle Code Section 38012) and motorcycles eligible for a special transportation identification device (pursuant to Vehicle Code Section 38088), including replacement parts, are excluded from the juvenile product PFAS ban until January 1, 2032. After that date, these products would be subject to the prohibition.

New Section 108079 requires manufacturers of covered products to register with DTSC by July 1, 2029, provide product descriptions, pay a registration fee (capped at reasonable costs), and submit a statement of compliance. The department must publish accepted testing methods by January 1, 2029, and enforcement begins July 1, 2030.

Products covered under the new Chapter 17.5 (PFAS prohibitions) are exempt from the registration requirement in Section 108079(a). Instead, DTSC may request a compliance certification and technical documentation from manufacturers of those products on an as-needed basis rather than requiring upfront submission.

The 2035 and 2040 prohibitions are narrowed to apply only to intentionally added PFAS that is water soluble, may decompose into water-soluble PFAS, or may release water-soluble PFAS. This excludes non-water-soluble PFAS from those later-phase bans.

A new paragraph (14) is added to the '2040 product' definition covering any product intended exclusively for industrial use in a manufacturing process that does not result in the presence of intentionally added PFAS in another product available for sale. This brings certain industrial intermediates under the 2040 prohibition.

The 'food packaging' definition was simplified, removing the phrase 'container applied to or providing package' and the term 'weatherproofing' from the list of included components.

The general prohibition on selling products containing intentionally added PFAS was delayed from January 1, 2033 to January 1, 2035, giving manufacturers two additional years before the broad ban takes effect.

The deadline for the Department of Toxic Substances Control to adopt implementing regulations was extended from January 1, 2027 to January 1, 2029.

The standard for the department to set an earlier prohibition date before 2035 was tightened: it now requires ALL of the listed feasibility conditions to be met (safer alternatives available, PFAS function not necessary, use not critical for health/safety) rather than just ANY one condition.

A standalone criterion allowing earlier prohibition dates when a product is already banned in another state or country was removed from the feasibility determination. This concept was relocated into the 'currently unavoidable use' determination process as a factor the department must consider.

A new provision allows any person who submits information to the department to request that it be treated as confidential, referencing the existing confidentiality procedures in the Safer Consumer Products Regulations. This was paired with new legislative findings addressing constitutional requirements for limiting public access to government writings.

The definition of 'food packaging' was narrowed to require that the container be 'likely to contact a food or beverage,' which could exclude some outer shipping containers or protective packaging that does not directly touch food.

The definition of 'intentionally added PFAS' was clarified to require that the PFAS be 'introduced into or onto the product and that has a functional or technical effect in the product or manufacturing process,' removing confusing prior language and making the scope of what counts as intentionally added more precise.

The 2040 exemption list for refrigerants used in maintenance and refilling of installed equipment was expanded to explicitly include dehumidifiers and heat pumps, and a new definition of 'installed equipment' was added referencing existing state regulations (Section 95373) to clarify that it excludes newly manufactured equipment.

The deadline for the department to adopt regulations carrying out the PFAS prohibitions was changed from January 1, 2027 to January 1, 2029, giving regulators two more years to finalize rules before the first product ban takes effect.

The bill was restructured to define three distinct product tiers: '2027 product' (cleaning products, cookware, dental floss, juvenile products, food packaging, ski wax), '2035 product' (any product not in the 2027 or 2040 categories), and '2040 product' (13 specific industrial and technical product types such as refrigerants, solvents, propellants, fire suppressants, and semiconductor manufacturing products). Previously, the 2040 list was embedded in the prohibition section rather than defined as a standalone term.

The definition of 'food packaging' was broadened to include 'package, packaging component, or food service ware' and added 'waterproofing or heat or cold protection' to the list of covered components, expanding which items fall under the 2027 ban.

The feasibility standard for establishing an earlier prohibition date on 2035 products was changed from 'Feasibility may be deemed to exist' to 'Feasibility shall be deemed to exist,' making it mandatory rather than permissive when the specified conditions are met.

A drafting error in the feasibility criteria was corrected: 'The department finds all any of the following' was changed to 'The department finds any of the following,' clarifying that only one of the three criteria (safer alternatives available, function not necessary, or use not critical) must be met for an earlier ban date.

The 2027 prohibition on covered products now explicitly states it is subject to the federal preemption and previously used product exceptions in subdivision (d), which were previously only referenced in a separate general exception provision.

The 2040 prohibition now explicitly includes the currently unavoidable use exception (subdivision (e)), meaning manufacturers can petition for a determination that PFAS use in 2040 products is currently unavoidable. Previously, this exception only applied to the 2035 and 2040 prohibitions together without being explicitly cross-referenced in the 2040 text.

The general prohibition on selling any product with intentionally added PFAS is delayed from January 1, 2033 to January 1, 2035, giving manufacturers two additional years before the broad ban takes effect.

Petition deadlines for manufacturers subject to the general prohibition shift from January 1, 2028 to January 1, 2030, with final determinations due by January 1, 2034 instead of 2032. For products subject to the 2040 ban, the final determination deadline shifts from 2038 to 2039.

The standard for the department to set an earlier prohibition date changes from 'feasibility shall be deemed to exist' to 'feasibility may be deemed to exist,' replacing a mandatory finding with discretionary authority.

To establish feasibility for an earlier ban date, the department must now find ALL three criteria met (safer alternatives available, PFAS function not necessary, use not critical for health/safety) rather than ANY one of them, making it significantly harder to accelerate a product-specific ban.

New language requires the department to use its discretion on a case-by-case basis to determine whether reliable information is sufficient to show viable safer alternatives, adding a layer of departmental judgment to what was previously a more straightforward evidence standard.

When considering reliable information in unavoidable-use determinations, the department now only needs to consider it 'to the extent the department finds useful,' reducing the obligation to weigh all available scientific evidence.

A new regulatory requirement directs the department to include guidance in its regulations regarding the sufficiency of reliable information when such information is required by the chapter, giving the department rulemaking authority over evidence standards.