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, on and after January 1, 2028, the manufacture, distribution, sale, or offering for sale in the state of food packaging that contains intentionally added bisphenols or ortho-phthalates, as defined. The bill would require, subject to an appropriation, the Department of Toxic Substances Control to adopt regulations to establish a threshold in food packaging for bisphenols or ortho-phthalates that are not intentionally added, as specified. The bill would also prohibit, no sooner than a year after the adoption of those regulations, the manufacture, distribution, sale, or offering for sale in the state of food packaging that contains bisphenols or ortho-phthalates at or above that threshold. The bill would require a manufacturer of food packaging that is manufactured, distributed, sold, or offered for sale in the state that contains bisphenols or ortho-phthalates that are not intentionally added to maintain specified information. The bill would authorize the department and the Attorney General to enforce these provisions and would subject a person to an administrative or civil penalty not to exceed $5,000 for the first violation and not to exceed $10,000 for each subsequent 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.