California Governor Approved PFAS Law Related to Food Packaging and Cookware

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 food packaging and cookware:
• Assembly Bill No. 1200: An act to add Chapter 15 (commencing with Section 109000) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.

Summary
Assembly Bill No. 1200: Chemicals of Concern in Food Packaging and Cookware. The new law has two parts:

Article 1: Plant-Based Food Packaging Containing PFAS
Beginning January 1, 2023, food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS cannot be distributed, sold, or offered for sale in the state.
The least toxic alternative must be used when replacing PFAS in food packaging.
Definitions per the new rule:
“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, and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. “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.
“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 PFAS” means either of the following:
a. PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including 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.
b. The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine.

Article 2. Chemical Disclosures for Cookware
Definitions per the new rule:
“Cookware” means durable houseware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. “Cookware” includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.
“Designated list” means the list of chemicals identified as candidate chemicals that exhibit a hazard trait or an environmental or toxicological endpoint that meets the criteria specified in regulations adopted by the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20, and is published on the Department of Toxic Substances Control’s internet website pursuant to those regulations.
“Product label” means a display of written, printed, or graphic material that appears on, or is affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a consumer, if the product has an exterior container or wrapper.

Beginning January 1, 2024, manufacturers of cookware sold in California which contains one or more intentionally added chemicals included on the designated list in the handle of the product or in any surface of the product which comes into contact with food, foodstuffs, or beverages, must list the presence of those chemicals on the product label. The list of intentionally added chemicals must begin with the phrase “This product contains:”, and must include on the product label a statement, in both English and Spanish, that states: “For more information about chemicals in this product, visit,” followed by both of the following:
• An internet website address for a web page that provides all of the information required by Section 109012.
• A quick response (QR) code or other machine-readable code, used for storing an internet website for a web page that provides all of the information required by Section 109012.

The required statement must be visible and legible to the consumer, including online sales.
Cookware that meets both of the following is exempt from the requirements of this section:
• The surface area of the cookware cannot fit a product label of at least two square inches.
• The cookware does not have either of the following:
o An exterior container or wrapper on which a product label can appear or be affixed.
o A tag or other attachment with information about the product attached to the cookware.

Beginning January 1, 2023, manufacturers of cookware sold in California which contains one or more intentionally added chemicals present on the designated list in the handle of the product or in any cookware surface that comes into contact with food, foodstuffs, or beverages must post the following on the internet website for the cookware:
• A list of all chemicals in the cookware that are also present on the designated list.
• The names of the authoritative list or lists referenced by the Department of Toxic Substances Control in compiling the designated list on which each chemical in the cookware is present.
• A link to the internet website for the authoritative list or lists identified pursuant to subdivision (b).

Beginning January 1, 2023, internet websites for cookware, and on January 1, 2024, cookware packages, a manufacturer cannot not make a claim that the cookware is free of any specific chemical, if the chemical belongs to a chemical group or class identified on the designated list, unless no individual chemical from that chemical group or class is intentionally added to the cookware.

For details, please see the following link to the California website:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1200

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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