California Bill to Ban PFAS in Children’s Products for Feeding, Sucking, Teething

2024-04-19

A bill (SB-1266) in California was introduced by Senator Limón on 15 February 2024, to be an act to amend Sections 108940 and 108941 of, and to add Section 108942 to, the Health and Safety Code. The main purpose is to add PFAS (Per- or polyfluoroalkyl substances) – in addition to bisphenol A in the existing law – for the chemicals to be prohibited in Children's products for feeding, sucking, and teething.

 

 

Substantial Changes

In the amendments, it is required that: no person shall manufacture, sell, or distribute in commerce any children’s feeding product or children’s sucking or teething product that contains any form of bisphenol or perfluoroalkyl or polyfluoroalkyl substances unless the bisphenol or perfluoroalkyl or polyfluoroalkyl substance is a temporarily essential chemical1.

 

 

Comparisons with the original Safety Code 

 

Items

Existing Requirements

Proposed amendments

Product Scope

Bottles and cups designed or intended for food contact primarily for children three years of age or younger

Children’s feeding products, Children’s sucking and teething products

Controlled Substance

Bisphenol A (BPA)

Any form of bisphenol or PFAS (Per- or polyfluoroalkyl substances)

Requirement

≤ 0.1 parts per billion (ppb)

Prohibited, unless these are a temporarily essential chemical 1

 

Note: 1 “Temporarily essential chemical” means a chemical for which all of the following are true:

(1) There are no safer alternatives to the chemical available.  

(2) The chemical is necessary for the product to work as intended.

(3) The chemical is being used in a product that is critical for the health, safety, or function of society.

 

 

Effective Date

1 January 2025

 

 

References

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1266

link