California Governor Approved PFAS Law: Juvenile Products

Oct. 19 2021

Background
On October 5, 2021, the Governor of the State of California approved a bill related to perfluoroalkyl and polyfluoroalkyl substances (PFAS) in Juvenile Products:
• Assembly Bill No. 652: An act to add Chapter 12.5 (commencing with Section 108945) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.

Summary
Assembly Bill No. 652: Beginning on July 1, 2023, juvenile products cannot be manufactured, sold or distributed in commerce in California that contains regulated PFAS chemicals. Definitions per the new rule:

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
“Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means either of the following:
(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including, but not limited to, the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(2) The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine.

“Juvenile product” means a product designed for use by infants and children under 12 years of age, including, but not limited to, a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress.

“Juvenile product” does not include any of the following:

(A) A children’s electronic product, including, but not limited to, a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power cord.
(B) A medical device.
(C) An internal component of a juvenile product that would not come into direct contact with a child’s skin or mouth during reasonably foreseeable use and abuse of the product.
(D) An adult mattress.

In addition, the state requires that manufacturers use the least toxic alternative when replacing PFAS chemicals in a juvenile product.

For details, please see the following links to the California websites:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB652

For more information: Previously issued related Bureau Veritas Regulatory Updates.
• California Proposes Two Priority Products (Oct 2021)
• Additional Newly Enacted and Proposed PFAS Laws in Three US States (Aug 2021)
• Connecticut Act Prohibits Sale & Distribution of Food Packaging with PFAS (July 2021)
• CA Adopts as Priority Products: Carpets and Rugs with Perfluoroalkyl and Polyfluoroalkyl Substances (June 2021)
• Newly Proposed and Enacted PFAS Laws (June 2021)

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If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com

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