Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1148Introduced by Assembly Member Sharp-CollinsFebruary 20, 2025 An act to add Article 3 (commencing with Section 109015) to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, relating to product safety. LEGISLATIVE COUNSEL'S DIGESTAB 1148, as amended, Sharp-Collins. Food packaging: hazardous chemicals.Existing law prohibits a person from distributing, selling, or offering for sale in the state any plant-based food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined.This bill would prohibit a person from distributing, selling, authorize the Department of Toxic Substances Control to adopt regulations to restrict or prohibit the distribution, sale, or offering for sale in the state any of food packaging that contains intentionally added antimony trioxide or specified ortho-phthalates or bisphenols. trioxide, bisphenols, or ortho-phthalates, as specified. The bill would authorize the department and the Attorney General, a city attorney, county counsel, or district attorney General to enforce this the restrictions or prohibition and would subject a person to a an administrative or civil penalty not to exceed $5,000 for the first violation of the restriction or prohibition and not to exceed $10,000 for each subsequent violation. violation, as specified. The bill would, upon appropriation by the Legislature, authorize funds in the Toxic Substances Control Account to be used by the department to implement these provisions.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. Article 3 (commencing with Section 109015) is added to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, to read: Article 3. Safer Food Packing Act of 2025109015. (a) This article shall be known, and may be cited, as the Safer Food Packing Act of 2025.(b) For purposes of this article, the following definitions apply:(1) (A) Bisphenol means a chemical with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents.(B) Bisphenol does not include tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(1)(2) Food packaging means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages. Food packaging includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.(2)(3) Ortho-phthalates means a class of chemicals that are esters of ortho-phthalic acid, including, but not limited to, all of the following: acid.(A)Benzyl-butyl phthalate (BBP) 85-68-7.(B)Dibutyl phthalate (DBP) 84-74-2.(C)Dicyclohexyl phthalate (DCHP) 84-61-7.(D)Di-(2-ethylhexyl) phthalate (DEHP) 117-81-7.(E)Diethyl phthalate (DEP) 84-66-2.(F)Di-isobutyl phthalate (DIBP) 84-69-5.(G)Di-isodecyl phthalate (DIDP) 26761-40-0.(H)Di-isononyl phthalate (DINP) 28553-12-0.(I)Di-n-hexyl phthalate (DnHP) 84-75-3.(J)Di-n-octyl phthalate (DNOP) 117-84-0.(K)Di-n-pentyl (DnPP) phthalate 131-18-0.(L)Diisoheptyl phthalate (DIHP) 71888-89-6.(c) On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state any food packaging that contains any of the following chemicals: intentionally added antimony trioxide, bisphenols, or ortho-phtalates at or above a limit determined by the department in regulation.(1)Ortho-phthalates.(2)Bisphenol A, B, S, F, or AF, or related compounds.(3)Antimony trioxide.(d)(1)The Attorney General, a city attorney, county counsel, or district attorney may enforce this article.(d) (1) The department may, by regulation, establish standards for use of antimony trioxide, bisphenols, and ortho-phtalates in food packaging that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (c).(2) If the department determines that tetramethyl bisphenol F (TMBPF, CAS 5384-21-4) poses a significant risk to human health, then the department may, by regulation, limit or prohibit the distribution, sale, or offering for sale in the state any food packaging that contains tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(e) Notwithstanding subdivision (c), if the department adopts a regulatory response, as described in Section 25253, regarding the use of any form of antimony trioxide, bisphenol, or ortho-phthalate, in a product that is prohibited by this section and the department has posted a notice on its internet website that it has adopted the regulatory response, then this section shall not apply to that product.(f) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the department to prioritize or take action on a product containing any form of antimony trioxide, bisphenol, or ortho-phthalate, in order to limit exposure to or reduce the level of hazard posed by any form of antimony trioxide, bisphenol, ortho-phthalate.(g) (1) The department or the Attorney General may enforce this chapter.(2) A person in violation of this article shall be liable for a an administrative or civil penalty not to exceed five thousand dollars ($5,000) for the first violation and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(3) Penalties may be assessed for each violation or, for continuing violations, for each day that a violation continues.(4) A prevailing party shall be entitled to an award of reasonable attorneys fees and costs.(3)(5) This subdivision does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this subdivision are cumulative with any other remedies available under any other law.(h) The department may adopt regulations to implement, enforce, interpret, or make specific this chapter.(i) Upon appropriation by the Legislature, funds in the Toxic Substances Control Account, established pursuant to Section 25173.6, may be used by the department, to implement this chapter.
Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1148Introduced by Assembly Member Sharp-CollinsFebruary 20, 2025 An act to add Article 3 (commencing with Section 109015) to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, relating to product safety. LEGISLATIVE COUNSEL'S DIGESTAB 1148, as amended, Sharp-Collins. Food packaging: hazardous chemicals.Existing law prohibits a person from distributing, selling, or offering for sale in the state any plant-based food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined.This bill would prohibit a person from distributing, selling, authorize the Department of Toxic Substances Control to adopt regulations to restrict or prohibit the distribution, sale, or offering for sale in the state any of food packaging that contains intentionally added antimony trioxide or specified ortho-phthalates or bisphenols. trioxide, bisphenols, or ortho-phthalates, as specified. The bill would authorize the department and the Attorney General, a city attorney, county counsel, or district attorney General to enforce this the restrictions or prohibition and would subject a person to a an administrative or civil penalty not to exceed $5,000 for the first violation of the restriction or prohibition and not to exceed $10,000 for each subsequent violation. violation, as specified. The bill would, upon appropriation by the Legislature, authorize funds in the Toxic Substances Control Account to be used by the department to implement these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 28, 2025
Amended IN Assembly March 28, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1148
Introduced by Assembly Member Sharp-CollinsFebruary 20, 2025
Introduced by Assembly Member Sharp-Collins
February 20, 2025
An act to add Article 3 (commencing with Section 109015) to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, relating to product safety.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1148, as amended, Sharp-Collins. Food packaging: hazardous chemicals.
Existing law prohibits a person from distributing, selling, or offering for sale in the state any plant-based food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined.This bill would prohibit a person from distributing, selling, authorize the Department of Toxic Substances Control to adopt regulations to restrict or prohibit the distribution, sale, or offering for sale in the state any of food packaging that contains intentionally added antimony trioxide or specified ortho-phthalates or bisphenols. trioxide, bisphenols, or ortho-phthalates, as specified. The bill would authorize the department and the Attorney General, a city attorney, county counsel, or district attorney General to enforce this the restrictions or prohibition and would subject a person to a an administrative or civil penalty not to exceed $5,000 for the first violation of the restriction or prohibition and not to exceed $10,000 for each subsequent violation. violation, as specified. The bill would, upon appropriation by the Legislature, authorize funds in the Toxic Substances Control Account to be used by the department to implement these provisions.
Existing law prohibits a person from distributing, selling, or offering for sale in the state any plant-based food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined.
This bill would prohibit a person from distributing, selling, authorize the Department of Toxic Substances Control to adopt regulations to restrict or prohibit the distribution, sale, or offering for sale in the state any of food packaging that contains intentionally added antimony trioxide or specified ortho-phthalates or bisphenols. trioxide, bisphenols, or ortho-phthalates, as specified. The bill would authorize the department and the Attorney General, a city attorney, county counsel, or district attorney General to enforce this the restrictions or prohibition and would subject a person to a an administrative or civil penalty not to exceed $5,000 for the first violation of the restriction or prohibition and not to exceed $10,000 for each subsequent violation. violation, as specified. The bill would, upon appropriation by the Legislature, authorize funds in the Toxic Substances Control Account to be used by the department to implement these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 3 (commencing with Section 109015) is added to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, to read: Article 3. Safer Food Packing Act of 2025109015. (a) This article shall be known, and may be cited, as the Safer Food Packing Act of 2025.(b) For purposes of this article, the following definitions apply:(1) (A) Bisphenol means a chemical with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents.(B) Bisphenol does not include tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(1)(2) Food packaging means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages. Food packaging includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.(2)(3) Ortho-phthalates means a class of chemicals that are esters of ortho-phthalic acid, including, but not limited to, all of the following: acid.(A)Benzyl-butyl phthalate (BBP) 85-68-7.(B)Dibutyl phthalate (DBP) 84-74-2.(C)Dicyclohexyl phthalate (DCHP) 84-61-7.(D)Di-(2-ethylhexyl) phthalate (DEHP) 117-81-7.(E)Diethyl phthalate (DEP) 84-66-2.(F)Di-isobutyl phthalate (DIBP) 84-69-5.(G)Di-isodecyl phthalate (DIDP) 26761-40-0.(H)Di-isononyl phthalate (DINP) 28553-12-0.(I)Di-n-hexyl phthalate (DnHP) 84-75-3.(J)Di-n-octyl phthalate (DNOP) 117-84-0.(K)Di-n-pentyl (DnPP) phthalate 131-18-0.(L)Diisoheptyl phthalate (DIHP) 71888-89-6.(c) On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state any food packaging that contains any of the following chemicals: intentionally added antimony trioxide, bisphenols, or ortho-phtalates at or above a limit determined by the department in regulation.(1)Ortho-phthalates.(2)Bisphenol A, B, S, F, or AF, or related compounds.(3)Antimony trioxide.(d)(1)The Attorney General, a city attorney, county counsel, or district attorney may enforce this article.(d) (1) The department may, by regulation, establish standards for use of antimony trioxide, bisphenols, and ortho-phtalates in food packaging that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (c).(2) If the department determines that tetramethyl bisphenol F (TMBPF, CAS 5384-21-4) poses a significant risk to human health, then the department may, by regulation, limit or prohibit the distribution, sale, or offering for sale in the state any food packaging that contains tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(e) Notwithstanding subdivision (c), if the department adopts a regulatory response, as described in Section 25253, regarding the use of any form of antimony trioxide, bisphenol, or ortho-phthalate, in a product that is prohibited by this section and the department has posted a notice on its internet website that it has adopted the regulatory response, then this section shall not apply to that product.(f) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the department to prioritize or take action on a product containing any form of antimony trioxide, bisphenol, or ortho-phthalate, in order to limit exposure to or reduce the level of hazard posed by any form of antimony trioxide, bisphenol, ortho-phthalate.(g) (1) The department or the Attorney General may enforce this chapter.(2) A person in violation of this article shall be liable for a an administrative or civil penalty not to exceed five thousand dollars ($5,000) for the first violation and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(3) Penalties may be assessed for each violation or, for continuing violations, for each day that a violation continues.(4) A prevailing party shall be entitled to an award of reasonable attorneys fees and costs.(3)(5) This subdivision does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this subdivision are cumulative with any other remedies available under any other law.(h) The department may adopt regulations to implement, enforce, interpret, or make specific this chapter.(i) Upon appropriation by the Legislature, funds in the Toxic Substances Control Account, established pursuant to Section 25173.6, may be used by the department, to implement 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. Article 3 (commencing with Section 109015) is added to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, to read: Article 3. Safer Food Packing Act of 2025109015. (a) This article shall be known, and may be cited, as the Safer Food Packing Act of 2025.(b) For purposes of this article, the following definitions apply:(1) (A) Bisphenol means a chemical with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents.(B) Bisphenol does not include tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(1)(2) Food packaging means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages. Food packaging includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.(2)(3) Ortho-phthalates means a class of chemicals that are esters of ortho-phthalic acid, including, but not limited to, all of the following: acid.(A)Benzyl-butyl phthalate (BBP) 85-68-7.(B)Dibutyl phthalate (DBP) 84-74-2.(C)Dicyclohexyl phthalate (DCHP) 84-61-7.(D)Di-(2-ethylhexyl) phthalate (DEHP) 117-81-7.(E)Diethyl phthalate (DEP) 84-66-2.(F)Di-isobutyl phthalate (DIBP) 84-69-5.(G)Di-isodecyl phthalate (DIDP) 26761-40-0.(H)Di-isononyl phthalate (DINP) 28553-12-0.(I)Di-n-hexyl phthalate (DnHP) 84-75-3.(J)Di-n-octyl phthalate (DNOP) 117-84-0.(K)Di-n-pentyl (DnPP) phthalate 131-18-0.(L)Diisoheptyl phthalate (DIHP) 71888-89-6.(c) On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state any food packaging that contains any of the following chemicals: intentionally added antimony trioxide, bisphenols, or ortho-phtalates at or above a limit determined by the department in regulation.(1)Ortho-phthalates.(2)Bisphenol A, B, S, F, or AF, or related compounds.(3)Antimony trioxide.(d)(1)The Attorney General, a city attorney, county counsel, or district attorney may enforce this article.(d) (1) The department may, by regulation, establish standards for use of antimony trioxide, bisphenols, and ortho-phtalates in food packaging that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (c).(2) If the department determines that tetramethyl bisphenol F (TMBPF, CAS 5384-21-4) poses a significant risk to human health, then the department may, by regulation, limit or prohibit the distribution, sale, or offering for sale in the state any food packaging that contains tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(e) Notwithstanding subdivision (c), if the department adopts a regulatory response, as described in Section 25253, regarding the use of any form of antimony trioxide, bisphenol, or ortho-phthalate, in a product that is prohibited by this section and the department has posted a notice on its internet website that it has adopted the regulatory response, then this section shall not apply to that product.(f) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the department to prioritize or take action on a product containing any form of antimony trioxide, bisphenol, or ortho-phthalate, in order to limit exposure to or reduce the level of hazard posed by any form of antimony trioxide, bisphenol, ortho-phthalate.(g) (1) The department or the Attorney General may enforce this chapter.(2) A person in violation of this article shall be liable for a an administrative or civil penalty not to exceed five thousand dollars ($5,000) for the first violation and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(3) Penalties may be assessed for each violation or, for continuing violations, for each day that a violation continues.(4) A prevailing party shall be entitled to an award of reasonable attorneys fees and costs.(3)(5) This subdivision does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this subdivision are cumulative with any other remedies available under any other law.(h) The department may adopt regulations to implement, enforce, interpret, or make specific this chapter.(i) Upon appropriation by the Legislature, funds in the Toxic Substances Control Account, established pursuant to Section 25173.6, may be used by the department, to implement this chapter.
SECTION 1. Article 3 (commencing with Section 109015) is added to Chapter 15 of Part 3 of Division 104 of the Health and Safety Code, to read:
### SECTION 1.
Article 3. Safer Food Packing Act of 2025109015. (a) This article shall be known, and may be cited, as the Safer Food Packing Act of 2025.(b) For purposes of this article, the following definitions apply:(1) (A) Bisphenol means a chemical with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents.(B) Bisphenol does not include tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(1)(2) Food packaging means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages. Food packaging includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.(2)(3) Ortho-phthalates means a class of chemicals that are esters of ortho-phthalic acid, including, but not limited to, all of the following: acid.(A)Benzyl-butyl phthalate (BBP) 85-68-7.(B)Dibutyl phthalate (DBP) 84-74-2.(C)Dicyclohexyl phthalate (DCHP) 84-61-7.(D)Di-(2-ethylhexyl) phthalate (DEHP) 117-81-7.(E)Diethyl phthalate (DEP) 84-66-2.(F)Di-isobutyl phthalate (DIBP) 84-69-5.(G)Di-isodecyl phthalate (DIDP) 26761-40-0.(H)Di-isononyl phthalate (DINP) 28553-12-0.(I)Di-n-hexyl phthalate (DnHP) 84-75-3.(J)Di-n-octyl phthalate (DNOP) 117-84-0.(K)Di-n-pentyl (DnPP) phthalate 131-18-0.(L)Diisoheptyl phthalate (DIHP) 71888-89-6.(c) On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state any food packaging that contains any of the following chemicals: intentionally added antimony trioxide, bisphenols, or ortho-phtalates at or above a limit determined by the department in regulation.(1)Ortho-phthalates.(2)Bisphenol A, B, S, F, or AF, or related compounds.(3)Antimony trioxide.(d)(1)The Attorney General, a city attorney, county counsel, or district attorney may enforce this article.(d) (1) The department may, by regulation, establish standards for use of antimony trioxide, bisphenols, and ortho-phtalates in food packaging that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (c).(2) If the department determines that tetramethyl bisphenol F (TMBPF, CAS 5384-21-4) poses a significant risk to human health, then the department may, by regulation, limit or prohibit the distribution, sale, or offering for sale in the state any food packaging that contains tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(e) Notwithstanding subdivision (c), if the department adopts a regulatory response, as described in Section 25253, regarding the use of any form of antimony trioxide, bisphenol, or ortho-phthalate, in a product that is prohibited by this section and the department has posted a notice on its internet website that it has adopted the regulatory response, then this section shall not apply to that product.(f) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the department to prioritize or take action on a product containing any form of antimony trioxide, bisphenol, or ortho-phthalate, in order to limit exposure to or reduce the level of hazard posed by any form of antimony trioxide, bisphenol, ortho-phthalate.(g) (1) The department or the Attorney General may enforce this chapter.(2) A person in violation of this article shall be liable for a an administrative or civil penalty not to exceed five thousand dollars ($5,000) for the first violation and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(3) Penalties may be assessed for each violation or, for continuing violations, for each day that a violation continues.(4) A prevailing party shall be entitled to an award of reasonable attorneys fees and costs.(3)(5) This subdivision does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this subdivision are cumulative with any other remedies available under any other law.(h) The department may adopt regulations to implement, enforce, interpret, or make specific this chapter.(i) Upon appropriation by the Legislature, funds in the Toxic Substances Control Account, established pursuant to Section 25173.6, may be used by the department, to implement this chapter.
Article 3. Safer Food Packing Act of 2025109015. (a) This article shall be known, and may be cited, as the Safer Food Packing Act of 2025.(b) For purposes of this article, the following definitions apply:(1) (A) Bisphenol means a chemical with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents.(B) Bisphenol does not include tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(1)(2) Food packaging means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages. Food packaging includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.(2)(3) Ortho-phthalates means a class of chemicals that are esters of ortho-phthalic acid, including, but not limited to, all of the following: acid.(A)Benzyl-butyl phthalate (BBP) 85-68-7.(B)Dibutyl phthalate (DBP) 84-74-2.(C)Dicyclohexyl phthalate (DCHP) 84-61-7.(D)Di-(2-ethylhexyl) phthalate (DEHP) 117-81-7.(E)Diethyl phthalate (DEP) 84-66-2.(F)Di-isobutyl phthalate (DIBP) 84-69-5.(G)Di-isodecyl phthalate (DIDP) 26761-40-0.(H)Di-isononyl phthalate (DINP) 28553-12-0.(I)Di-n-hexyl phthalate (DnHP) 84-75-3.(J)Di-n-octyl phthalate (DNOP) 117-84-0.(K)Di-n-pentyl (DnPP) phthalate 131-18-0.(L)Diisoheptyl phthalate (DIHP) 71888-89-6.(c) On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state any food packaging that contains any of the following chemicals: intentionally added antimony trioxide, bisphenols, or ortho-phtalates at or above a limit determined by the department in regulation.(1)Ortho-phthalates.(2)Bisphenol A, B, S, F, or AF, or related compounds.(3)Antimony trioxide.(d)(1)The Attorney General, a city attorney, county counsel, or district attorney may enforce this article.(d) (1) The department may, by regulation, establish standards for use of antimony trioxide, bisphenols, and ortho-phtalates in food packaging that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (c).(2) If the department determines that tetramethyl bisphenol F (TMBPF, CAS 5384-21-4) poses a significant risk to human health, then the department may, by regulation, limit or prohibit the distribution, sale, or offering for sale in the state any food packaging that contains tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(e) Notwithstanding subdivision (c), if the department adopts a regulatory response, as described in Section 25253, regarding the use of any form of antimony trioxide, bisphenol, or ortho-phthalate, in a product that is prohibited by this section and the department has posted a notice on its internet website that it has adopted the regulatory response, then this section shall not apply to that product.(f) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the department to prioritize or take action on a product containing any form of antimony trioxide, bisphenol, or ortho-phthalate, in order to limit exposure to or reduce the level of hazard posed by any form of antimony trioxide, bisphenol, ortho-phthalate.(g) (1) The department or the Attorney General may enforce this chapter.(2) A person in violation of this article shall be liable for a an administrative or civil penalty not to exceed five thousand dollars ($5,000) for the first violation and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(3) Penalties may be assessed for each violation or, for continuing violations, for each day that a violation continues.(4) A prevailing party shall be entitled to an award of reasonable attorneys fees and costs.(3)(5) This subdivision does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this subdivision are cumulative with any other remedies available under any other law.(h) The department may adopt regulations to implement, enforce, interpret, or make specific this chapter.(i) Upon appropriation by the Legislature, funds in the Toxic Substances Control Account, established pursuant to Section 25173.6, may be used by the department, to implement this chapter.
Article 3. Safer Food Packing Act of 2025
Article 3. Safer Food Packing Act of 2025
109015. (a) This article shall be known, and may be cited, as the Safer Food Packing Act of 2025.(b) For purposes of this article, the following definitions apply:(1) (A) Bisphenol means a chemical with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents.(B) Bisphenol does not include tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(1)(2) Food packaging means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages. Food packaging includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.(2)(3) Ortho-phthalates means a class of chemicals that are esters of ortho-phthalic acid, including, but not limited to, all of the following: acid.(A)Benzyl-butyl phthalate (BBP) 85-68-7.(B)Dibutyl phthalate (DBP) 84-74-2.(C)Dicyclohexyl phthalate (DCHP) 84-61-7.(D)Di-(2-ethylhexyl) phthalate (DEHP) 117-81-7.(E)Diethyl phthalate (DEP) 84-66-2.(F)Di-isobutyl phthalate (DIBP) 84-69-5.(G)Di-isodecyl phthalate (DIDP) 26761-40-0.(H)Di-isononyl phthalate (DINP) 28553-12-0.(I)Di-n-hexyl phthalate (DnHP) 84-75-3.(J)Di-n-octyl phthalate (DNOP) 117-84-0.(K)Di-n-pentyl (DnPP) phthalate 131-18-0.(L)Diisoheptyl phthalate (DIHP) 71888-89-6.(c) On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state any food packaging that contains any of the following chemicals: intentionally added antimony trioxide, bisphenols, or ortho-phtalates at or above a limit determined by the department in regulation.(1)Ortho-phthalates.(2)Bisphenol A, B, S, F, or AF, or related compounds.(3)Antimony trioxide.(d)(1)The Attorney General, a city attorney, county counsel, or district attorney may enforce this article.(d) (1) The department may, by regulation, establish standards for use of antimony trioxide, bisphenols, and ortho-phtalates in food packaging that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (c).(2) If the department determines that tetramethyl bisphenol F (TMBPF, CAS 5384-21-4) poses a significant risk to human health, then the department may, by regulation, limit or prohibit the distribution, sale, or offering for sale in the state any food packaging that contains tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).(e) Notwithstanding subdivision (c), if the department adopts a regulatory response, as described in Section 25253, regarding the use of any form of antimony trioxide, bisphenol, or ortho-phthalate, in a product that is prohibited by this section and the department has posted a notice on its internet website that it has adopted the regulatory response, then this section shall not apply to that product.(f) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the department to prioritize or take action on a product containing any form of antimony trioxide, bisphenol, or ortho-phthalate, in order to limit exposure to or reduce the level of hazard posed by any form of antimony trioxide, bisphenol, ortho-phthalate.(g) (1) The department or the Attorney General may enforce this chapter.(2) A person in violation of this article shall be liable for a an administrative or civil penalty not to exceed five thousand dollars ($5,000) for the first violation and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(3) Penalties may be assessed for each violation or, for continuing violations, for each day that a violation continues.(4) A prevailing party shall be entitled to an award of reasonable attorneys fees and costs.(3)(5) This subdivision does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this subdivision are cumulative with any other remedies available under any other law.(h) The department may adopt regulations to implement, enforce, interpret, or make specific this chapter.(i) Upon appropriation by the Legislature, funds in the Toxic Substances Control Account, established pursuant to Section 25173.6, may be used by the department, to implement this chapter.
109015. (a) This article shall be known, and may be cited, as the Safer Food Packing Act of 2025.
(b) For purposes of this article, the following definitions apply:
(1) (A) Bisphenol means a chemical with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents.
(B) Bisphenol does not include tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).
(1)
(2) Food packaging means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages. Food packaging includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.
(2)
(3) Ortho-phthalates means a class of chemicals that are esters of ortho-phthalic acid, including, but not limited to, all of the following: acid.
(A)Benzyl-butyl phthalate (BBP) 85-68-7.
(B)Dibutyl phthalate (DBP) 84-74-2.
(C)Dicyclohexyl phthalate (DCHP) 84-61-7.
(D)Di-(2-ethylhexyl) phthalate (DEHP) 117-81-7.
(E)Diethyl phthalate (DEP) 84-66-2.
(F)Di-isobutyl phthalate (DIBP) 84-69-5.
(G)Di-isodecyl phthalate (DIDP) 26761-40-0.
(H)Di-isononyl phthalate (DINP) 28553-12-0.
(I)Di-n-hexyl phthalate (DnHP) 84-75-3.
(J)Di-n-octyl phthalate (DNOP) 117-84-0.
(K)Di-n-pentyl (DnPP) phthalate 131-18-0.
(L)Diisoheptyl phthalate (DIHP) 71888-89-6.
(c) On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state any food packaging that contains any of the following chemicals: intentionally added antimony trioxide, bisphenols, or ortho-phtalates at or above a limit determined by the department in regulation.
(1)Ortho-phthalates.
(2)Bisphenol A, B, S, F, or AF, or related compounds.
(3)Antimony trioxide.
(d)(1)The Attorney General, a city attorney, county counsel, or district attorney may enforce this article.
(d) (1) The department may, by regulation, establish standards for use of antimony trioxide, bisphenols, and ortho-phtalates in food packaging that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (c).
(2) If the department determines that tetramethyl bisphenol F (TMBPF, CAS 5384-21-4) poses a significant risk to human health, then the department may, by regulation, limit or prohibit the distribution, sale, or offering for sale in the state any food packaging that contains tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).
(e) Notwithstanding subdivision (c), if the department adopts a regulatory response, as described in Section 25253, regarding the use of any form of antimony trioxide, bisphenol, or ortho-phthalate, in a product that is prohibited by this section and the department has posted a notice on its internet website that it has adopted the regulatory response, then this section shall not apply to that product.
(f) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the department to prioritize or take action on a product containing any form of antimony trioxide, bisphenol, or ortho-phthalate, in order to limit exposure to or reduce the level of hazard posed by any form of antimony trioxide, bisphenol, ortho-phthalate.
(g) (1) The department or the Attorney General may enforce this chapter.
(2) A person in violation of this article shall be liable for a an administrative or civil penalty not to exceed five thousand dollars ($5,000) for the first violation and not to exceed ten thousand dollars ($10,000) for each subsequent violation.
(3) Penalties may be assessed for each violation or, for continuing violations, for each day that a violation continues.
(4) A prevailing party shall be entitled to an award of reasonable attorneys fees and costs.
(3)
(5) This subdivision does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this subdivision are cumulative with any other remedies available under any other law.
(h) The department may adopt regulations to implement, enforce, interpret, or make specific this chapter.
(i) Upon appropriation by the Legislature, funds in the Toxic Substances Control Account, established pursuant to Section 25173.6, may be used by the department, to implement this chapter.