Amended IN Assembly May 16, 2024 Amended IN Assembly April 17, 2024 Amended IN Assembly April 11, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2244Introduced by Assembly Member TingFebruary 08, 2024An act to add Chapter 12.3 (commencing with Section 108943) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.LEGISLATIVE COUNSEL'S DIGESTAB 2244, as amended, Ting. Product safety: proofs of purchase: bisphenols.Existing law prohibits a person from manufacturing, selling, or distributing in commerce any bottle or cup that contains bisphenol A, at a certain level, if the cup or bottle was designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption from that bottle or cup by children 3 years of age or younger, except as provided.This bill would prohibit, on and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer from containing bisphenol A, as defined, and, on and after January 1, 2026, from containing any bisphenols, except as specified. as defined. The bill would specify that a violation would be punishable by a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation. The bill would require all penalties collected pursuant to this bill to be deposited into the Toxic Substances Control Account, to be available for expenditure by the department Department of Toxic Substances Control upon appropriation by the Legislature, as specified. The bill would authorize the department, the Attorney General, a county counsel, a district attorney, or a city attorney to enforce these provisions. provisions and would entitle a prevailing plaintiff who establishes a violation of these provisions to an award of reasonable attorneys fees and costs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Paper receipts generate 334,000,000 pounds of waste and over 5,000,000,000 pounds of carbon dioxide, the equivalent of more than 471,000 cars on the road, and most paper receipts contain chemicals that contaminate other recyclable paper materials.(b) The Ecology Center has found that 93 percent of paper receipts are coated with bisphenol A (BPA) or bisphenol S (BPS) chemicals.(c) The United States Food and Drug Administration has banned BPA from baby bottles because those chemicals are known to disrupt hormones, causing cancerous tumors, birth defects, and other developmental issues.(d) The BPA or BPS on receipts can enter peoples bodies simply through touch, which poses a major risk to retail workers, who have 30 percent more BPA or BPS found in their bodies than others who do not have regular contact with receipts, according to the Environmental Working Group and the federal Centers for Disease Control and Prevention.(e) The State of Connecticut banned the use of receipt paper containing BPA in 2011, the State of Illinois banned receipt paper containing BPA in 2019, and the European Union restricted the use of BPA in thermal paper beginning in 2020 and is also investigating similar restrictions on the use of BPS.SEC. 2. Chapter 12.3 (commencing with Section 108943) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.3. Proof of Purchase108943. For purposes of this chapter, the following definitions apply:(a) Bisphenol A means either of the following:(1) Bisphenol A that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) Bisphenol A that is an intentional breakdown product of an added chemical that also has a functional or technical effect in the product.(b) Bisphenols means either of the following:(1) Bisphenols that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product.(2) Bisphenols that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(a)(c) (1) Business means a person that accepts payment through cash, credit, or debit transactions.(2) Business does not include any of the following:(A) A health care provider, as defined in Section 123105.(B) An entity organized as a nonprofit institution that has annual gross sales receipts of less than two million dollars ($2,000,000).(C) Except for purposes of subdivision (b) of Section 108943.1, an entity that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).(b)(d) Consumer means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.(c)(e) Department means the Department of Toxic Substances Control.(d)(f) Manufacturer means the person that makes the paper for the paper proof of purchase from raw materials or machinery.(e)(g) Person means any individual, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.(f)(h) Proof of purchase means a receipt for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided at the point of sale, but does not include an invoice.108943.1. (a) (1) Except as provided in subdivision (b), on On and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain bisphenol A.(2) Except as provided in subdivision (b), on On and after January 1, 2026, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain any bisphenols.(b)A paper proof of purchase that contains bisphenols is not a violation of this section if all of the following conditions are met:(1)The proof of purchase is made through manufacturing processes intended to comply with this chapter.(2)The proof of purchase contains a technically unavoidable trace quantity of bisphenols.(3)The bisphenols stem from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging.(c)(b) The department may adopt regulations to implement, interpret, or make specific this chapter.(d)(c) The department shall post any violation or enforcement action of this chapter on the departments internet website.(e)(d) The department shall deposit all penalties collected pursuant to this chapter into the Toxic Substances Control Account for the department to use upon appropriation by the Legislature to enforce this chapter.(f)(e) (1) The department, the Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. A violation shall be punishable by a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) A prevailing plaintiff who establishes a violation of this chapter shall be entitled to an award of reasonable attorneys fees and costs.
Amended IN Assembly May 16, 2024 Amended IN Assembly April 17, 2024 Amended IN Assembly April 11, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2244Introduced by Assembly Member TingFebruary 08, 2024An act to add Chapter 12.3 (commencing with Section 108943) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.LEGISLATIVE COUNSEL'S DIGESTAB 2244, as amended, Ting. Product safety: proofs of purchase: bisphenols.Existing law prohibits a person from manufacturing, selling, or distributing in commerce any bottle or cup that contains bisphenol A, at a certain level, if the cup or bottle was designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption from that bottle or cup by children 3 years of age or younger, except as provided.This bill would prohibit, on and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer from containing bisphenol A, as defined, and, on and after January 1, 2026, from containing any bisphenols, except as specified. as defined. The bill would specify that a violation would be punishable by a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation. The bill would require all penalties collected pursuant to this bill to be deposited into the Toxic Substances Control Account, to be available for expenditure by the department Department of Toxic Substances Control upon appropriation by the Legislature, as specified. The bill would authorize the department, the Attorney General, a county counsel, a district attorney, or a city attorney to enforce these provisions. provisions and would entitle a prevailing plaintiff who establishes a violation of these provisions to an award of reasonable attorneys fees and costs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly May 16, 2024 Amended IN Assembly April 17, 2024 Amended IN Assembly April 11, 2024 Amended IN Assembly March 21, 2024
Amended IN Assembly May 16, 2024
Amended IN Assembly April 17, 2024
Amended IN Assembly April 11, 2024
Amended IN Assembly March 21, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2244
Introduced by Assembly Member TingFebruary 08, 2024
Introduced by Assembly Member Ting
February 08, 2024
An act to add Chapter 12.3 (commencing with Section 108943) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2244, as amended, Ting. Product safety: proofs of purchase: bisphenols.
Existing law prohibits a person from manufacturing, selling, or distributing in commerce any bottle or cup that contains bisphenol A, at a certain level, if the cup or bottle was designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption from that bottle or cup by children 3 years of age or younger, except as provided.This bill would prohibit, on and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer from containing bisphenol A, as defined, and, on and after January 1, 2026, from containing any bisphenols, except as specified. as defined. The bill would specify that a violation would be punishable by a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation. The bill would require all penalties collected pursuant to this bill to be deposited into the Toxic Substances Control Account, to be available for expenditure by the department Department of Toxic Substances Control upon appropriation by the Legislature, as specified. The bill would authorize the department, the Attorney General, a county counsel, a district attorney, or a city attorney to enforce these provisions. provisions and would entitle a prevailing plaintiff who establishes a violation of these provisions to an award of reasonable attorneys fees and costs.
Existing law prohibits a person from manufacturing, selling, or distributing in commerce any bottle or cup that contains bisphenol A, at a certain level, if the cup or bottle was designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption from that bottle or cup by children 3 years of age or younger, except as provided.
This bill would prohibit, on and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer from containing bisphenol A, as defined, and, on and after January 1, 2026, from containing any bisphenols, except as specified. as defined. The bill would specify that a violation would be punishable by a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation. The bill would require all penalties collected pursuant to this bill to be deposited into the Toxic Substances Control Account, to be available for expenditure by the department Department of Toxic Substances Control upon appropriation by the Legislature, as specified. The bill would authorize the department, the Attorney General, a county counsel, a district attorney, or a city attorney to enforce these provisions. provisions and would entitle a prevailing plaintiff who establishes a violation of these provisions to an award of reasonable attorneys fees and costs.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Paper receipts generate 334,000,000 pounds of waste and over 5,000,000,000 pounds of carbon dioxide, the equivalent of more than 471,000 cars on the road, and most paper receipts contain chemicals that contaminate other recyclable paper materials.(b) The Ecology Center has found that 93 percent of paper receipts are coated with bisphenol A (BPA) or bisphenol S (BPS) chemicals.(c) The United States Food and Drug Administration has banned BPA from baby bottles because those chemicals are known to disrupt hormones, causing cancerous tumors, birth defects, and other developmental issues.(d) The BPA or BPS on receipts can enter peoples bodies simply through touch, which poses a major risk to retail workers, who have 30 percent more BPA or BPS found in their bodies than others who do not have regular contact with receipts, according to the Environmental Working Group and the federal Centers for Disease Control and Prevention.(e) The State of Connecticut banned the use of receipt paper containing BPA in 2011, the State of Illinois banned receipt paper containing BPA in 2019, and the European Union restricted the use of BPA in thermal paper beginning in 2020 and is also investigating similar restrictions on the use of BPS.SEC. 2. Chapter 12.3 (commencing with Section 108943) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.3. Proof of Purchase108943. For purposes of this chapter, the following definitions apply:(a) Bisphenol A means either of the following:(1) Bisphenol A that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) Bisphenol A that is an intentional breakdown product of an added chemical that also has a functional or technical effect in the product.(b) Bisphenols means either of the following:(1) Bisphenols that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product.(2) Bisphenols that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(a)(c) (1) Business means a person that accepts payment through cash, credit, or debit transactions.(2) Business does not include any of the following:(A) A health care provider, as defined in Section 123105.(B) An entity organized as a nonprofit institution that has annual gross sales receipts of less than two million dollars ($2,000,000).(C) Except for purposes of subdivision (b) of Section 108943.1, an entity that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).(b)(d) Consumer means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.(c)(e) Department means the Department of Toxic Substances Control.(d)(f) Manufacturer means the person that makes the paper for the paper proof of purchase from raw materials or machinery.(e)(g) Person means any individual, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.(f)(h) Proof of purchase means a receipt for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided at the point of sale, but does not include an invoice.108943.1. (a) (1) Except as provided in subdivision (b), on On and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain bisphenol A.(2) Except as provided in subdivision (b), on On and after January 1, 2026, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain any bisphenols.(b)A paper proof of purchase that contains bisphenols is not a violation of this section if all of the following conditions are met:(1)The proof of purchase is made through manufacturing processes intended to comply with this chapter.(2)The proof of purchase contains a technically unavoidable trace quantity of bisphenols.(3)The bisphenols stem from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging.(c)(b) The department may adopt regulations to implement, interpret, or make specific this chapter.(d)(c) The department shall post any violation or enforcement action of this chapter on the departments internet website.(e)(d) The department shall deposit all penalties collected pursuant to this chapter into the Toxic Substances Control Account for the department to use upon appropriation by the Legislature to enforce this chapter.(f)(e) (1) The department, the Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. A violation shall be punishable by a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) A prevailing plaintiff who establishes a violation of this chapter shall be entitled to an award of reasonable attorneys fees and costs.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Paper receipts generate 334,000,000 pounds of waste and over 5,000,000,000 pounds of carbon dioxide, the equivalent of more than 471,000 cars on the road, and most paper receipts contain chemicals that contaminate other recyclable paper materials.(b) The Ecology Center has found that 93 percent of paper receipts are coated with bisphenol A (BPA) or bisphenol S (BPS) chemicals.(c) The United States Food and Drug Administration has banned BPA from baby bottles because those chemicals are known to disrupt hormones, causing cancerous tumors, birth defects, and other developmental issues.(d) The BPA or BPS on receipts can enter peoples bodies simply through touch, which poses a major risk to retail workers, who have 30 percent more BPA or BPS found in their bodies than others who do not have regular contact with receipts, according to the Environmental Working Group and the federal Centers for Disease Control and Prevention.(e) The State of Connecticut banned the use of receipt paper containing BPA in 2011, the State of Illinois banned receipt paper containing BPA in 2019, and the European Union restricted the use of BPA in thermal paper beginning in 2020 and is also investigating similar restrictions on the use of BPS.
SECTION 1. The Legislature finds and declares all of the following:(a) Paper receipts generate 334,000,000 pounds of waste and over 5,000,000,000 pounds of carbon dioxide, the equivalent of more than 471,000 cars on the road, and most paper receipts contain chemicals that contaminate other recyclable paper materials.(b) The Ecology Center has found that 93 percent of paper receipts are coated with bisphenol A (BPA) or bisphenol S (BPS) chemicals.(c) The United States Food and Drug Administration has banned BPA from baby bottles because those chemicals are known to disrupt hormones, causing cancerous tumors, birth defects, and other developmental issues.(d) The BPA or BPS on receipts can enter peoples bodies simply through touch, which poses a major risk to retail workers, who have 30 percent more BPA or BPS found in their bodies than others who do not have regular contact with receipts, according to the Environmental Working Group and the federal Centers for Disease Control and Prevention.(e) The State of Connecticut banned the use of receipt paper containing BPA in 2011, the State of Illinois banned receipt paper containing BPA in 2019, and the European Union restricted the use of BPA in thermal paper beginning in 2020 and is also investigating similar restrictions on the use of BPS.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Paper receipts generate 334,000,000 pounds of waste and over 5,000,000,000 pounds of carbon dioxide, the equivalent of more than 471,000 cars on the road, and most paper receipts contain chemicals that contaminate other recyclable paper materials.
(b) The Ecology Center has found that 93 percent of paper receipts are coated with bisphenol A (BPA) or bisphenol S (BPS) chemicals.
(c) The United States Food and Drug Administration has banned BPA from baby bottles because those chemicals are known to disrupt hormones, causing cancerous tumors, birth defects, and other developmental issues.
(d) The BPA or BPS on receipts can enter peoples bodies simply through touch, which poses a major risk to retail workers, who have 30 percent more BPA or BPS found in their bodies than others who do not have regular contact with receipts, according to the Environmental Working Group and the federal Centers for Disease Control and Prevention.
(e) The State of Connecticut banned the use of receipt paper containing BPA in 2011, the State of Illinois banned receipt paper containing BPA in 2019, and the European Union restricted the use of BPA in thermal paper beginning in 2020 and is also investigating similar restrictions on the use of BPS.
SEC. 2. Chapter 12.3 (commencing with Section 108943) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.3. Proof of Purchase108943. For purposes of this chapter, the following definitions apply:(a) Bisphenol A means either of the following:(1) Bisphenol A that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) Bisphenol A that is an intentional breakdown product of an added chemical that also has a functional or technical effect in the product.(b) Bisphenols means either of the following:(1) Bisphenols that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product.(2) Bisphenols that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(a)(c) (1) Business means a person that accepts payment through cash, credit, or debit transactions.(2) Business does not include any of the following:(A) A health care provider, as defined in Section 123105.(B) An entity organized as a nonprofit institution that has annual gross sales receipts of less than two million dollars ($2,000,000).(C) Except for purposes of subdivision (b) of Section 108943.1, an entity that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).(b)(d) Consumer means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.(c)(e) Department means the Department of Toxic Substances Control.(d)(f) Manufacturer means the person that makes the paper for the paper proof of purchase from raw materials or machinery.(e)(g) Person means any individual, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.(f)(h) Proof of purchase means a receipt for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided at the point of sale, but does not include an invoice.108943.1. (a) (1) Except as provided in subdivision (b), on On and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain bisphenol A.(2) Except as provided in subdivision (b), on On and after January 1, 2026, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain any bisphenols.(b)A paper proof of purchase that contains bisphenols is not a violation of this section if all of the following conditions are met:(1)The proof of purchase is made through manufacturing processes intended to comply with this chapter.(2)The proof of purchase contains a technically unavoidable trace quantity of bisphenols.(3)The bisphenols stem from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging.(c)(b) The department may adopt regulations to implement, interpret, or make specific this chapter.(d)(c) The department shall post any violation or enforcement action of this chapter on the departments internet website.(e)(d) The department shall deposit all penalties collected pursuant to this chapter into the Toxic Substances Control Account for the department to use upon appropriation by the Legislature to enforce this chapter.(f)(e) (1) The department, the Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. A violation shall be punishable by a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) A prevailing plaintiff who establishes a violation of this chapter shall be entitled to an award of reasonable attorneys fees and costs.
SEC. 2. Chapter 12.3 (commencing with Section 108943) is added to Part 3 of Division 104 of the Health and Safety Code, to read:
### SEC. 2.
CHAPTER 12.3. Proof of Purchase108943. For purposes of this chapter, the following definitions apply:(a) Bisphenol A means either of the following:(1) Bisphenol A that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) Bisphenol A that is an intentional breakdown product of an added chemical that also has a functional or technical effect in the product.(b) Bisphenols means either of the following:(1) Bisphenols that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product.(2) Bisphenols that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(a)(c) (1) Business means a person that accepts payment through cash, credit, or debit transactions.(2) Business does not include any of the following:(A) A health care provider, as defined in Section 123105.(B) An entity organized as a nonprofit institution that has annual gross sales receipts of less than two million dollars ($2,000,000).(C) Except for purposes of subdivision (b) of Section 108943.1, an entity that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).(b)(d) Consumer means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.(c)(e) Department means the Department of Toxic Substances Control.(d)(f) Manufacturer means the person that makes the paper for the paper proof of purchase from raw materials or machinery.(e)(g) Person means any individual, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.(f)(h) Proof of purchase means a receipt for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided at the point of sale, but does not include an invoice.108943.1. (a) (1) Except as provided in subdivision (b), on On and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain bisphenol A.(2) Except as provided in subdivision (b), on On and after January 1, 2026, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain any bisphenols.(b)A paper proof of purchase that contains bisphenols is not a violation of this section if all of the following conditions are met:(1)The proof of purchase is made through manufacturing processes intended to comply with this chapter.(2)The proof of purchase contains a technically unavoidable trace quantity of bisphenols.(3)The bisphenols stem from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging.(c)(b) The department may adopt regulations to implement, interpret, or make specific this chapter.(d)(c) The department shall post any violation or enforcement action of this chapter on the departments internet website.(e)(d) The department shall deposit all penalties collected pursuant to this chapter into the Toxic Substances Control Account for the department to use upon appropriation by the Legislature to enforce this chapter.(f)(e) (1) The department, the Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. A violation shall be punishable by a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) A prevailing plaintiff who establishes a violation of this chapter shall be entitled to an award of reasonable attorneys fees and costs.
CHAPTER 12.3. Proof of Purchase108943. For purposes of this chapter, the following definitions apply:(a) Bisphenol A means either of the following:(1) Bisphenol A that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) Bisphenol A that is an intentional breakdown product of an added chemical that also has a functional or technical effect in the product.(b) Bisphenols means either of the following:(1) Bisphenols that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product.(2) Bisphenols that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(a)(c) (1) Business means a person that accepts payment through cash, credit, or debit transactions.(2) Business does not include any of the following:(A) A health care provider, as defined in Section 123105.(B) An entity organized as a nonprofit institution that has annual gross sales receipts of less than two million dollars ($2,000,000).(C) Except for purposes of subdivision (b) of Section 108943.1, an entity that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).(b)(d) Consumer means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.(c)(e) Department means the Department of Toxic Substances Control.(d)(f) Manufacturer means the person that makes the paper for the paper proof of purchase from raw materials or machinery.(e)(g) Person means any individual, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.(f)(h) Proof of purchase means a receipt for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided at the point of sale, but does not include an invoice.108943.1. (a) (1) Except as provided in subdivision (b), on On and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain bisphenol A.(2) Except as provided in subdivision (b), on On and after January 1, 2026, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain any bisphenols.(b)A paper proof of purchase that contains bisphenols is not a violation of this section if all of the following conditions are met:(1)The proof of purchase is made through manufacturing processes intended to comply with this chapter.(2)The proof of purchase contains a technically unavoidable trace quantity of bisphenols.(3)The bisphenols stem from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging.(c)(b) The department may adopt regulations to implement, interpret, or make specific this chapter.(d)(c) The department shall post any violation or enforcement action of this chapter on the departments internet website.(e)(d) The department shall deposit all penalties collected pursuant to this chapter into the Toxic Substances Control Account for the department to use upon appropriation by the Legislature to enforce this chapter.(f)(e) (1) The department, the Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. A violation shall be punishable by a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) A prevailing plaintiff who establishes a violation of this chapter shall be entitled to an award of reasonable attorneys fees and costs.
CHAPTER 12.3. Proof of Purchase
CHAPTER 12.3. Proof of Purchase
108943. For purposes of this chapter, the following definitions apply:(a) Bisphenol A means either of the following:(1) Bisphenol A that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) Bisphenol A that is an intentional breakdown product of an added chemical that also has a functional or technical effect in the product.(b) Bisphenols means either of the following:(1) Bisphenols that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product.(2) Bisphenols that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(a)(c) (1) Business means a person that accepts payment through cash, credit, or debit transactions.(2) Business does not include any of the following:(A) A health care provider, as defined in Section 123105.(B) An entity organized as a nonprofit institution that has annual gross sales receipts of less than two million dollars ($2,000,000).(C) Except for purposes of subdivision (b) of Section 108943.1, an entity that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).(b)(d) Consumer means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.(c)(e) Department means the Department of Toxic Substances Control.(d)(f) Manufacturer means the person that makes the paper for the paper proof of purchase from raw materials or machinery.(e)(g) Person means any individual, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.(f)(h) Proof of purchase means a receipt for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided at the point of sale, but does not include an invoice.
108943. For purposes of this chapter, the following definitions apply:
(a) Bisphenol A means either of the following:
(1) Bisphenol A that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.
(2) Bisphenol A that is an intentional breakdown product of an added chemical that also has a functional or technical effect in the product.
(b) Bisphenols means either of the following:
(1) Bisphenols that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product.
(2) Bisphenols that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(a)
(c) (1) Business means a person that accepts payment through cash, credit, or debit transactions.
(2) Business does not include any of the following:
(A) A health care provider, as defined in Section 123105.
(B) An entity organized as a nonprofit institution that has annual gross sales receipts of less than two million dollars ($2,000,000).
(C) Except for purposes of subdivision (b) of Section 108943.1, an entity that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
(b)
(d) Consumer means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.
(c)
(e) Department means the Department of Toxic Substances Control.
(d)
(f) Manufacturer means the person that makes the paper for the paper proof of purchase from raw materials or machinery.
(e)
(g) Person means any individual, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.
(f)
(h) Proof of purchase means a receipt for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided at the point of sale, but does not include an invoice.
108943.1. (a) (1) Except as provided in subdivision (b), on On and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain bisphenol A.(2) Except as provided in subdivision (b), on On and after January 1, 2026, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain any bisphenols.(b)A paper proof of purchase that contains bisphenols is not a violation of this section if all of the following conditions are met:(1)The proof of purchase is made through manufacturing processes intended to comply with this chapter.(2)The proof of purchase contains a technically unavoidable trace quantity of bisphenols.(3)The bisphenols stem from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging.(c)(b) The department may adopt regulations to implement, interpret, or make specific this chapter.(d)(c) The department shall post any violation or enforcement action of this chapter on the departments internet website.(e)(d) The department shall deposit all penalties collected pursuant to this chapter into the Toxic Substances Control Account for the department to use upon appropriation by the Legislature to enforce this chapter.(f)(e) (1) The department, the Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. A violation shall be punishable by a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(2) A prevailing plaintiff who establishes a violation of this chapter shall be entitled to an award of reasonable attorneys fees and costs.
108943.1. (a) (1) Except as provided in subdivision (b), on On and after January 1, 2025, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain bisphenol A.
(2) Except as provided in subdivision (b), on On and after January 1, 2026, a paper proof of purchase provided to a consumer by a business or created by a manufacturer shall not contain any bisphenols.
(b)A paper proof of purchase that contains bisphenols is not a violation of this section if all of the following conditions are met:
(1)The proof of purchase is made through manufacturing processes intended to comply with this chapter.
(2)The proof of purchase contains a technically unavoidable trace quantity of bisphenols.
(3)The bisphenols stem from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging.
(c)
(b) The department may adopt regulations to implement, interpret, or make specific this chapter.
(d)
(c) The department shall post any violation or enforcement action of this chapter on the departments internet website.
(e)
(d) The department shall deposit all penalties collected pursuant to this chapter into the Toxic Substances Control Account for the department to use upon appropriation by the Legislature to enforce this chapter.
(f)
(e) (1) The department, the Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. A violation shall be punishable by a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.
(2) A prevailing plaintiff who establishes a violation of this chapter shall be entitled to an award of reasonable attorneys fees and costs.