On September 29, 2024, California Governor Gavin Newsom approved Assembly Bill 347, marking a significant step in consumer protection by regulating perfluoroalkyl and polyfluoroalkyl substances (PFAS). AB 347, authored by Assemblymember Phil Ting, mandates the Department of Toxic Substances Control (DTSC) to enforce PFAS restrictions on household products, with full compliance required by July 1, 2030. Manufacturers must register their products, undergo testing, and meet strict guidelines aimed at reducing public exposure to these toxic substances.
California’s Fight Against PFAS: New Enforcement Measures
Perfluoroalkyl and polyfluoroalkyl substances (PFAS), often referred to as "forever chemicals" due to their persistence in the environment, are widely found in household items such as textiles, food packaging, and juvenile products. Recognising their harmful health impacts, including links to cancer and immune system damage, California's new law expands on previous restrictions by introducing comprehensive enforcement mechanisms. AB 347 requires manufacturers of affected products to register with the DTSC by July 1, 2029. The bill specifically targets items like crib mattresses, children’s highchairs, food packaging, and various textiles. These companies must certify compliance with PFAS regulations and face potential fines starting at $10,000 for non-compliance.
Enforcement and Penalties
Under AB 347, the DTSC has been granted authority to conduct random tests of products sold within the state to ensure compliance with PFAS restrictions. These tests may rely on third-party laboratories and will be used to verify whether products contain PFAS levels exceeding the allowed limit of 100 parts per million. Violators will receive a notice of violation and may face fines and legal injunctions to halt the sale of non-compliant goods. By July 1, 2033, the DTSC is required to submit a detailed report to the California Legislature summarising its enforcement activities, including the number of products tested and penalties imposed.
Impact on Manufacturers and Consumers
For manufacturers, the implementation of AB 347 brings both administrative and financial implications. Companies will need to pay registration fees, comply with testing protocols, and ensure that their supply chains are free of PFAS. Despite the added costs, these measures aim to safeguard public health by reducing consumers' exposure to hazardous chemicals commonly found in everyday items. For consumers, the law represents a major step forward in the state’s ongoing efforts to regulate harmful substances in consumer goods. This new enforcement regime ensures that by 2030, items like baby products, foam pillows, and food containers in California will
As California tightens its regulations on PFAS, AB 347 sets a clear timeline and strict enforcement for manufacturers to comply with safety standards. This legislative action highlights the state’s commitment to public health, placing responsibility on producers to eliminate toxic substances from everyday products.
