Amended IN Senate June 06, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2761Introduced by Assembly Members Hart and Lowenthal(Principal coauthor: Assembly Member Luz Rivas)February 15, 2024An act to add Chapter 3.1 (commencing with Section 42090) to Part 3 of Division 30 of the Public Resources Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 2761, as amended, Hart. Product safety: plastic packaging: Reducing Toxics in Packaging Act.Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.This bill would enact the Reducing Toxics in Packaging Act, which would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state plastic packaging that contains certain chemicals, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified.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. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 3.1. Reducing Toxics in Packaging Act42090. (a) This chapter shall be known, and may be cited, as the Reducing Toxics in Packaging Act.(b) For purposes of this chapter, the following definitions apply:(1) Intentionally added PFAS means either of the following:(A) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.(B) PFAS chemicals that are intentional breakdown products of an added chemical.(1)(2) Packaging has the same meaning as in Section 42041.(2)Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(3) PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state plastic packaging that contains any of the following:(1) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. Intentionally added PFAS.(2) Polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). (PVC).(d) Notwithstanding any other law, the prohibition in subdivision (c) does not apply to either any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(3) Blister packaging used for drugs as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)).(e) This chapter does not impose any requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.).42091. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
Amended IN Senate June 06, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2761Introduced by Assembly Members Hart and Lowenthal(Principal coauthor: Assembly Member Luz Rivas)February 15, 2024An act to add Chapter 3.1 (commencing with Section 42090) to Part 3 of Division 30 of the Public Resources Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 2761, as amended, Hart. Product safety: plastic packaging: Reducing Toxics in Packaging Act.Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.This bill would enact the Reducing Toxics in Packaging Act, which would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state plastic packaging that contains certain chemicals, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate June 06, 2024 Amended IN Assembly April 01, 2024
Amended IN Senate June 06, 2024
Amended IN Assembly April 01, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2761
Introduced by Assembly Members Hart and Lowenthal(Principal coauthor: Assembly Member Luz Rivas)February 15, 2024
Introduced by Assembly Members Hart and Lowenthal(Principal coauthor: Assembly Member Luz Rivas)
February 15, 2024
An act to add Chapter 3.1 (commencing with Section 42090) to Part 3 of Division 30 of the Public Resources Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2761, as amended, Hart. Product safety: plastic packaging: Reducing Toxics in Packaging Act.
Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.This bill would enact the Reducing Toxics in Packaging Act, which would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state plastic packaging that contains certain chemicals, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified.
Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.
This bill would enact the Reducing Toxics in Packaging Act, which would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state plastic packaging that contains certain chemicals, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 3.1. Reducing Toxics in Packaging Act42090. (a) This chapter shall be known, and may be cited, as the Reducing Toxics in Packaging Act.(b) For purposes of this chapter, the following definitions apply:(1) Intentionally added PFAS means either of the following:(A) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.(B) PFAS chemicals that are intentional breakdown products of an added chemical.(1)(2) Packaging has the same meaning as in Section 42041.(2)Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(3) PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state plastic packaging that contains any of the following:(1) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. Intentionally added PFAS.(2) Polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). (PVC).(d) Notwithstanding any other law, the prohibition in subdivision (c) does not apply to either any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(3) Blister packaging used for drugs as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)).(e) This chapter does not impose any requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.).42091. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 3.1. Reducing Toxics in Packaging Act42090. (a) This chapter shall be known, and may be cited, as the Reducing Toxics in Packaging Act.(b) For purposes of this chapter, the following definitions apply:(1) Intentionally added PFAS means either of the following:(A) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.(B) PFAS chemicals that are intentional breakdown products of an added chemical.(1)(2) Packaging has the same meaning as in Section 42041.(2)Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(3) PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state plastic packaging that contains any of the following:(1) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. Intentionally added PFAS.(2) Polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). (PVC).(d) Notwithstanding any other law, the prohibition in subdivision (c) does not apply to either any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(3) Blister packaging used for drugs as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)).(e) This chapter does not impose any requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.).42091. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
SECTION 1. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read:
### SECTION 1.
CHAPTER 3.1. Reducing Toxics in Packaging Act42090. (a) This chapter shall be known, and may be cited, as the Reducing Toxics in Packaging Act.(b) For purposes of this chapter, the following definitions apply:(1) Intentionally added PFAS means either of the following:(A) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.(B) PFAS chemicals that are intentional breakdown products of an added chemical.(1)(2) Packaging has the same meaning as in Section 42041.(2)Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(3) PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state plastic packaging that contains any of the following:(1) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. Intentionally added PFAS.(2) Polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). (PVC).(d) Notwithstanding any other law, the prohibition in subdivision (c) does not apply to either any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(3) Blister packaging used for drugs as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)).(e) This chapter does not impose any requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.).42091. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
CHAPTER 3.1. Reducing Toxics in Packaging Act42090. (a) This chapter shall be known, and may be cited, as the Reducing Toxics in Packaging Act.(b) For purposes of this chapter, the following definitions apply:(1) Intentionally added PFAS means either of the following:(A) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.(B) PFAS chemicals that are intentional breakdown products of an added chemical.(1)(2) Packaging has the same meaning as in Section 42041.(2)Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(3) PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state plastic packaging that contains any of the following:(1) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. Intentionally added PFAS.(2) Polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). (PVC).(d) Notwithstanding any other law, the prohibition in subdivision (c) does not apply to either any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(3) Blister packaging used for drugs as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)).(e) This chapter does not impose any requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.).42091. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
CHAPTER 3.1. Reducing Toxics in Packaging Act
CHAPTER 3.1. Reducing Toxics in Packaging Act
42090. (a) This chapter shall be known, and may be cited, as the Reducing Toxics in Packaging Act.(b) For purposes of this chapter, the following definitions apply:(1) Intentionally added PFAS means either of the following:(A) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.(B) PFAS chemicals that are intentional breakdown products of an added chemical.(1)(2) Packaging has the same meaning as in Section 42041.(2)Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(3) PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state plastic packaging that contains any of the following:(1) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. Intentionally added PFAS.(2) Polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). (PVC).(d) Notwithstanding any other law, the prohibition in subdivision (c) does not apply to either any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(3) Blister packaging used for drugs as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)).(e) This chapter does not impose any requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.).
42090. (a) This chapter shall be known, and may be cited, as the Reducing Toxics in Packaging Act.
(b) For purposes of this chapter, the following definitions apply:
(1) Intentionally added PFAS means either of the following:
(A) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.
(B) PFAS chemicals that are intentional breakdown products of an added chemical.
(1)
(2) Packaging has the same meaning as in Section 42041.
(2)Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.
(3) PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(c) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state plastic packaging that contains any of the following:
(1) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. Intentionally added PFAS.
(2) Polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). (PVC).
(d) Notwithstanding any other law, the prohibition in subdivision (c) does not apply to either any of the following:
(1) Packaging used for any of the following products:
(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).
(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.
(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(3) Blister packaging used for drugs as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)).
(e) This chapter does not impose any requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.).
42091. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
42091. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.
(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.
(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.