Food packaging: hazardous chemicals.

Assembly Member Sharp-Collins' food packaging safety legislation would prohibit manufacturers and retailers from selling food containers and utensils containing certain chemical additives in California starting January 1, 2027. The bill targets two specific classes of chemicals - bisphenols and ortho-phthalates - when intentionally added above limits to be determined by the Department of Toxic Substances Control (DTSC).

The measure defines food packaging broadly to include containers, wrappers, utensils and other non-durable items intended for food service and storage. Under the bill's provisions, DTSC can establish chemical thresholds and adopt more stringent standards to address public health concerns. The department may also regulate tetramethyl bisphenol F, currently exempt, if evidence indicates health risks. Both DTSC and the Attorney General would enforce the restrictions through administrative or civil penalties - $5,000 for initial violations and up to $10,000 for subsequent infractions, assessed per violation or per day for ongoing cases.

The bill authorizes DTSC to implement and interpret the requirements through regulations, with enforcement funding to come from the Toxic Substances Control Account upon legislative appropriation. Prevailing parties in enforcement actions can recover attorney fees, and the penalties would supplement rather than replace other available legal remedies. The provisions build upon existing state restrictions on perfluoroalkyl and polyfluoroalkyl substances (PFAS) in plant-based food packaging.