CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2515Introduced by Assembly Member PapanFebruary 13, 2024 An act to add Chapter 14.5 (commencing with Section 108990) to Part 3 of Division 104 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 2515, as introduced, Papan. Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS).Existing law, the Sherman Food, Drug, and Cosmetic Law, requires a package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state to have printed on the label a plain and conspicuous list of all ingredients, as defined, in the product, by weight, and prohibits the sale of a menstrual product in the state unless the menstrual product and the manufacturer of the menstrual product comply with the specified labeling requirements.Existing law, beginning January 1, 2025, prohibits 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), as defined.This bill would similarly prohibit any person from selling in the state any menstrual products that contain regulated PFAS, as defined. The bill would require, no later than January 1, 2027, the Department of Toxic Substances Control (DTSC), in consultation with the State Department of Public Health, to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations and to make this information publically available on the DTSCs internet website. The bill would authorize the department to adopt regulations, as specified, for the purposes of implementing and enforcing these provisions. The bill would make a violation of these provisions punishable by civil fines, as specified, and would make any fine or order by the department appealable to the Board of Environmental Safety. The bill would create, and would require all fines collected by the department to be deposited in, the T.A.M.P.O.N. Act Fund. The bill would also authorize any person to bring an action in superior court for a violation of this prohibition, and would authorize the court to grant injunctive relief.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. This act shall be known, and may be cited, as the Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act.SEC. 2. Chapter 14.5 (commencing with Section 108990) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14.5. Menstrual Products108990. For the purposes of this chapter, the following definitions apply:(a) Department means the Department of Toxic Substances Control.(b) Menstrual product means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.(c) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(d) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS means either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(2) Commencing January 1, 2027, the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.108991. A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.108992. (a) No later than January 1, 2027, the department, in consultation with the State Department of Public Health, shall use existing information to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations. The department shall make this information publically available on its internet website.(b) The department may adopt regulations as necessary for the purpose of implementing, administering, and enforcing this chapter.(c) Prior to issuing regulations pursuant to this chapter, the department shall engage with relevant stakeholders to ensure the availability of adequate expertise and input. The input received from stakeholders shall be considered when adopting regulations. (d) Any penalty provided for in this chapter, and any order issued by the department under this chapter, may be appealed to the Board of Environmental Safety.108993. (a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief in any action brought pursuant to this section.(b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.(c) When the person bringing an action pursuant to this section is the prevailing party, they shall be awarded attorneys fees and costs by the court.108994. (a) A violation of this chapter is punishable by a civil fine not to exceed five thousand dollars ($5,000). (b) A second and subsequent violation of this chapter is punishable by a civil fine not to exceed ten thousand dollars ($10,000).(c) Fines collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. The moneys deposited in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department exclusively for the support of the department in carrying out the duties and responsibilities under this chapter.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2515Introduced by Assembly Member PapanFebruary 13, 2024 An act to add Chapter 14.5 (commencing with Section 108990) to Part 3 of Division 104 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 2515, as introduced, Papan. Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS).Existing law, the Sherman Food, Drug, and Cosmetic Law, requires a package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state to have printed on the label a plain and conspicuous list of all ingredients, as defined, in the product, by weight, and prohibits the sale of a menstrual product in the state unless the menstrual product and the manufacturer of the menstrual product comply with the specified labeling requirements.Existing law, beginning January 1, 2025, prohibits 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), as defined.This bill would similarly prohibit any person from selling in the state any menstrual products that contain regulated PFAS, as defined. The bill would require, no later than January 1, 2027, the Department of Toxic Substances Control (DTSC), in consultation with the State Department of Public Health, to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations and to make this information publically available on the DTSCs internet website. The bill would authorize the department to adopt regulations, as specified, for the purposes of implementing and enforcing these provisions. The bill would make a violation of these provisions punishable by civil fines, as specified, and would make any fine or order by the department appealable to the Board of Environmental Safety. The bill would create, and would require all fines collected by the department to be deposited in, the T.A.M.P.O.N. Act Fund. The bill would also authorize any person to bring an action in superior court for a violation of this prohibition, and would authorize the court to grant injunctive relief.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2515
Introduced by Assembly Member PapanFebruary 13, 2024
Introduced by Assembly Member Papan
February 13, 2024
An act to add Chapter 14.5 (commencing with Section 108990) to Part 3 of Division 104 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2515, as introduced, Papan. Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires a package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state to have printed on the label a plain and conspicuous list of all ingredients, as defined, in the product, by weight, and prohibits the sale of a menstrual product in the state unless the menstrual product and the manufacturer of the menstrual product comply with the specified labeling requirements.Existing law, beginning January 1, 2025, prohibits 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), as defined.This bill would similarly prohibit any person from selling in the state any menstrual products that contain regulated PFAS, as defined. The bill would require, no later than January 1, 2027, the Department of Toxic Substances Control (DTSC), in consultation with the State Department of Public Health, to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations and to make this information publically available on the DTSCs internet website. The bill would authorize the department to adopt regulations, as specified, for the purposes of implementing and enforcing these provisions. The bill would make a violation of these provisions punishable by civil fines, as specified, and would make any fine or order by the department appealable to the Board of Environmental Safety. The bill would create, and would require all fines collected by the department to be deposited in, the T.A.M.P.O.N. Act Fund. The bill would also authorize any person to bring an action in superior court for a violation of this prohibition, and would authorize the court to grant injunctive relief.
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires a package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state to have printed on the label a plain and conspicuous list of all ingredients, as defined, in the product, by weight, and prohibits the sale of a menstrual product in the state unless the menstrual product and the manufacturer of the menstrual product comply with the specified labeling requirements.
Existing law, beginning January 1, 2025, prohibits 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), as defined.
This bill would similarly prohibit any person from selling in the state any menstrual products that contain regulated PFAS, as defined. The bill would require, no later than January 1, 2027, the Department of Toxic Substances Control (DTSC), in consultation with the State Department of Public Health, to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations and to make this information publically available on the DTSCs internet website. The bill would authorize the department to adopt regulations, as specified, for the purposes of implementing and enforcing these provisions. The bill would make a violation of these provisions punishable by civil fines, as specified, and would make any fine or order by the department appealable to the Board of Environmental Safety. The bill would create, and would require all fines collected by the department to be deposited in, the T.A.M.P.O.N. Act Fund. The bill would also authorize any person to bring an action in superior court for a violation of this prohibition, and would authorize the court to grant injunctive relief.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act.SEC. 2. Chapter 14.5 (commencing with Section 108990) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14.5. Menstrual Products108990. For the purposes of this chapter, the following definitions apply:(a) Department means the Department of Toxic Substances Control.(b) Menstrual product means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.(c) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(d) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS means either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(2) Commencing January 1, 2027, the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.108991. A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.108992. (a) No later than January 1, 2027, the department, in consultation with the State Department of Public Health, shall use existing information to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations. The department shall make this information publically available on its internet website.(b) The department may adopt regulations as necessary for the purpose of implementing, administering, and enforcing this chapter.(c) Prior to issuing regulations pursuant to this chapter, the department shall engage with relevant stakeholders to ensure the availability of adequate expertise and input. The input received from stakeholders shall be considered when adopting regulations. (d) Any penalty provided for in this chapter, and any order issued by the department under this chapter, may be appealed to the Board of Environmental Safety.108993. (a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief in any action brought pursuant to this section.(b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.(c) When the person bringing an action pursuant to this section is the prevailing party, they shall be awarded attorneys fees and costs by the court.108994. (a) A violation of this chapter is punishable by a civil fine not to exceed five thousand dollars ($5,000). (b) A second and subsequent violation of this chapter is punishable by a civil fine not to exceed ten thousand dollars ($10,000).(c) Fines collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. The moneys deposited in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department exclusively for the support of the department in carrying out the duties and responsibilities under this chapter.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act.
SECTION 1. This act shall be known, and may be cited, as the Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act.
SECTION 1. This act shall be known, and may be cited, as the Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act.
### SECTION 1.
SEC. 2. Chapter 14.5 (commencing with Section 108990) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14.5. Menstrual Products108990. For the purposes of this chapter, the following definitions apply:(a) Department means the Department of Toxic Substances Control.(b) Menstrual product means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.(c) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(d) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS means either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(2) Commencing January 1, 2027, the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.108991. A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.108992. (a) No later than January 1, 2027, the department, in consultation with the State Department of Public Health, shall use existing information to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations. The department shall make this information publically available on its internet website.(b) The department may adopt regulations as necessary for the purpose of implementing, administering, and enforcing this chapter.(c) Prior to issuing regulations pursuant to this chapter, the department shall engage with relevant stakeholders to ensure the availability of adequate expertise and input. The input received from stakeholders shall be considered when adopting regulations. (d) Any penalty provided for in this chapter, and any order issued by the department under this chapter, may be appealed to the Board of Environmental Safety.108993. (a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief in any action brought pursuant to this section.(b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.(c) When the person bringing an action pursuant to this section is the prevailing party, they shall be awarded attorneys fees and costs by the court.108994. (a) A violation of this chapter is punishable by a civil fine not to exceed five thousand dollars ($5,000). (b) A second and subsequent violation of this chapter is punishable by a civil fine not to exceed ten thousand dollars ($10,000).(c) Fines collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. The moneys deposited in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department exclusively for the support of the department in carrying out the duties and responsibilities under this chapter.
SEC. 2. Chapter 14.5 (commencing with Section 108990) is added to Part 3 of Division 104 of the Health and Safety Code, to read:
### SEC. 2.
CHAPTER 14.5. Menstrual Products108990. For the purposes of this chapter, the following definitions apply:(a) Department means the Department of Toxic Substances Control.(b) Menstrual product means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.(c) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(d) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS means either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(2) Commencing January 1, 2027, the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.108991. A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.108992. (a) No later than January 1, 2027, the department, in consultation with the State Department of Public Health, shall use existing information to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations. The department shall make this information publically available on its internet website.(b) The department may adopt regulations as necessary for the purpose of implementing, administering, and enforcing this chapter.(c) Prior to issuing regulations pursuant to this chapter, the department shall engage with relevant stakeholders to ensure the availability of adequate expertise and input. The input received from stakeholders shall be considered when adopting regulations. (d) Any penalty provided for in this chapter, and any order issued by the department under this chapter, may be appealed to the Board of Environmental Safety.108993. (a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief in any action brought pursuant to this section.(b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.(c) When the person bringing an action pursuant to this section is the prevailing party, they shall be awarded attorneys fees and costs by the court.108994. (a) A violation of this chapter is punishable by a civil fine not to exceed five thousand dollars ($5,000). (b) A second and subsequent violation of this chapter is punishable by a civil fine not to exceed ten thousand dollars ($10,000).(c) Fines collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. The moneys deposited in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department exclusively for the support of the department in carrying out the duties and responsibilities under this chapter.
CHAPTER 14.5. Menstrual Products108990. For the purposes of this chapter, the following definitions apply:(a) Department means the Department of Toxic Substances Control.(b) Menstrual product means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.(c) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(d) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS means either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(2) Commencing January 1, 2027, the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.108991. A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.108992. (a) No later than January 1, 2027, the department, in consultation with the State Department of Public Health, shall use existing information to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations. The department shall make this information publically available on its internet website.(b) The department may adopt regulations as necessary for the purpose of implementing, administering, and enforcing this chapter.(c) Prior to issuing regulations pursuant to this chapter, the department shall engage with relevant stakeholders to ensure the availability of adequate expertise and input. The input received from stakeholders shall be considered when adopting regulations. (d) Any penalty provided for in this chapter, and any order issued by the department under this chapter, may be appealed to the Board of Environmental Safety.108993. (a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief in any action brought pursuant to this section.(b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.(c) When the person bringing an action pursuant to this section is the prevailing party, they shall be awarded attorneys fees and costs by the court.108994. (a) A violation of this chapter is punishable by a civil fine not to exceed five thousand dollars ($5,000). (b) A second and subsequent violation of this chapter is punishable by a civil fine not to exceed ten thousand dollars ($10,000).(c) Fines collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. The moneys deposited in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department exclusively for the support of the department in carrying out the duties and responsibilities under this chapter.
CHAPTER 14.5. Menstrual Products
CHAPTER 14.5. Menstrual Products
108990. For the purposes of this chapter, the following definitions apply:(a) Department means the Department of Toxic Substances Control.(b) Menstrual product means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.(c) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(d) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS means either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(2) Commencing January 1, 2027, the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.
108990. For the purposes of this chapter, the following definitions apply:
(a) Department means the Department of Toxic Substances Control.
(b) Menstrual product means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.
(c) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS means either of the following:
(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(2) Commencing January 1, 2027, the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.
108991. A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.
108991. A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.
108992. (a) No later than January 1, 2027, the department, in consultation with the State Department of Public Health, shall use existing information to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations. The department shall make this information publically available on its internet website.(b) The department may adopt regulations as necessary for the purpose of implementing, administering, and enforcing this chapter.(c) Prior to issuing regulations pursuant to this chapter, the department shall engage with relevant stakeholders to ensure the availability of adequate expertise and input. The input received from stakeholders shall be considered when adopting regulations. (d) Any penalty provided for in this chapter, and any order issued by the department under this chapter, may be appealed to the Board of Environmental Safety.
108992. (a) No later than January 1, 2027, the department, in consultation with the State Department of Public Health, shall use existing information to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations. The department shall make this information publically available on its internet website.
(b) The department may adopt regulations as necessary for the purpose of implementing, administering, and enforcing this chapter.
(c) Prior to issuing regulations pursuant to this chapter, the department shall engage with relevant stakeholders to ensure the availability of adequate expertise and input. The input received from stakeholders shall be considered when adopting regulations.
(d) Any penalty provided for in this chapter, and any order issued by the department under this chapter, may be appealed to the Board of Environmental Safety.
108993. (a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief in any action brought pursuant to this section.(b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.(c) When the person bringing an action pursuant to this section is the prevailing party, they shall be awarded attorneys fees and costs by the court.
108993. (a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief in any action brought pursuant to this section.
(b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.
(c) When the person bringing an action pursuant to this section is the prevailing party, they shall be awarded attorneys fees and costs by the court.
108994. (a) A violation of this chapter is punishable by a civil fine not to exceed five thousand dollars ($5,000). (b) A second and subsequent violation of this chapter is punishable by a civil fine not to exceed ten thousand dollars ($10,000).(c) Fines collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. The moneys deposited in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department exclusively for the support of the department in carrying out the duties and responsibilities under this chapter.
108994. (a) A violation of this chapter is punishable by a civil fine not to exceed five thousand dollars ($5,000).
(b) A second and subsequent violation of this chapter is punishable by a civil fine not to exceed ten thousand dollars ($10,000).
(c) Fines collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. The moneys deposited in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department exclusively for the support of the department in carrying out the duties and responsibilities under this chapter.