On September 29, 2022, California’s Governor approved Assembly Bill 1817, which adds Chapter 13.5 (commencing with Section 108970) to Part 3 of Division 104 of the Health and Safety Code.  This bill prohibits the manufacture and sale or distribution of textile articles that contain regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) beginning January 1, 2025 and requires the manufacturer to use the least toxic alternative when removing the regulated PFAS in textile articles.  It also requires the manufacturer to provide those that offer the product for sale or distribution a certificate of compliance.

Scope:

“Textile articles” means textile goods of a type customarily and ordinarily used in households and businesses, and include, but are not limited to, apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and tablecloths.

“Textile articles” does not include any of the following:

• Any of the following items regulated under the Safer Consumer Products Program (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations):

(i) Carpets and rugs.

(ii) Treatments containing PFAS for use on converted textiles or leathers.

• A vehicle, as defined in Section 670 of the Vehicle Code, including, but not limited to, an off-highway motor vehicle, as defined in Section 38012 of the Vehicle Code, or its component parts.

• A vessel, as defined in Section 21 of the Harbors and Navigation Code, or its component parts, such as boat covers.

• Filtration media and filter products used in industrial applications, including, but not limited to, chemical or pharmaceutical manufacturing, and environmental control technologies.

• Textile articles used in or for laboratory analysis and testing.

• An aircraft, as defined in Section 21012 of the Public Utilities Code, or its component parts.

• Stadium shades or other architectural fabric structures. For purposes of this subparagraph, “architectural fabric structure” means a permanent fabric structure that is intrinsic to a building’s design or construction.

Requirement:

• 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.

• The presence of PFAS in a product or product component at or above the following thresholds, as measured in total organic fluorine:

(a) Commencing January 1, 2025, 100 parts per million.

(b) Commencing January 1, 2027, 50 parts per million.

Exempt:

The requirement does not apply to outdoor apparel for severe wet conditions until January 1, 2028. However, commencing January 1, 2025, no person shall distribute, sell, or offer for sale in the state any new, not previously used, outdoor apparel for severe wet conditions that contain regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS unless it is accompanied by a legible and easily discernable disclosure with the statement “Made with PFAS chemicals,” including for online listings of products for sale.

URL：

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1817

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