California Adopts as Priority Products Carpets and Rugs with Perfluoroalkyl and Polyfluoroalkyl Substances

Jun. 29 2021

Background
Carpets and rugs are often treated with PFASs for stain- or soil-resistance properties and are seen by California as possible long-term sources for exposure to this class of chemicals.

In February 2020, the California Department of Toxic Substances Control (DTSC) proposed a regulation to list Carpets and Rugs containing Perfluoroalkyl or Polyfluoroalkyl Substances (PFASs) as Priority Products.

In May 2020, DTSC held a public hearing and gathered comments from the public on this proposal.

Due to its concerns about the hazardous effects of PFASs on the environment, humans, and other living organisms, the DTSC has now enacted R-2019-02 - Safer Consumer Products Regulation.

Summary
DTSC has adopted carpets and rugs containing per- or polyfluoroalkyl substances (PFASs) as Priority Products, based on their finalized regulations, effective July 1, 2021.

• Domestic and foreign carpet and rug manufacturers whose products contain any member of the class of PFASs must submit a Priority Product Notification (PPN) by August 30, 2021. The PPN must name all the products that contain PFASs and are sold in California.
• Manufacturers will then have the option to submit one of the following by December 28, 2021 :
• Chemical removal intent/confirmation notification
• Product removal intent/confirmation notification
• Product-chemical replacement intent/confirmation notification
• Preliminary alternative analysis report or alternative reporting options
• Door mats are included in the law.
• Carpets and rugs solely for outdoor use, products for use in vehicles, resilient floor coverings, artificial turf, wall hangings/coverings, table mats, and camping sleeping mats are excluded.
• No action is needed for carpet and rugs that do not contain PFAS.

For details, please see the following links to the California website:
• https://dtsc.ca.gov/scp/carpets-and-rugs-with-perfluoroalkyl-and-polyfluoroalkyl-substances-pfass/
• https://dtsc.ca.gov/regs/final-regulation-carpets-and-rugs-with-pfass/
• https://dtsc.ca.gov/wp-content/uploads/sites/31/2021/06/v_PFAS-CR_-Final-Regulatory-Text_revised-per-OAL.pdf

For more information:
Previously issued related Bureau Veritas Regulatory Updates.
• Feb. 2021: The Toxics in Packaging Clearinghouse Publishes Update to Model Legislation
• March 2021: Washington State Bans PFAS in Four Types of Food Packaging
• June 2021: Newly Proposed and Enacted PFAS Laws

How Does this Impact You? Contact Us to Discuss
If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com

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