Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.

Senator Allen's proposal to phase out perfluoroalkyl and polyfluoroalkyl substances (PFAS) in California consumer products establishes a tiered timeline for removing these chemicals from the marketplace. The legislation creates three major implementation deadlines, beginning with basic consumer items in 2027, expanding to most products by 2033, and culminating with specialized industrial applications in 2040.

The initial 2027 prohibition covers six product categories: cleaning supplies, cookware, dental floss, juvenile products, food packaging, and ski wax. The 2040 deadline addresses technical applications like refrigerants, solvents, and fire suppressants. For all other consumer products, manufacturers must eliminate intentionally added PFAS by 2033 unless granted an exemption.

The Department of Toxic Substances Control would oversee implementation through a new regulatory framework. Manufacturers seeking to continue using PFAS must demonstrate their application meets three criteria: no safer alternatives exist, the PFAS function is necessary for the product to work, and the use is critical for health, safety, or society's functioning. These "unavoidable use" determinations would expire after five years unless renewed. The department would maintain a public list of approved exemptions and their expiration dates.

The legislation creates a PFAS Oversight Fund supported by manufacturer application fees to cover administrative costs. It authorizes the department to test products, issue violations, assess penalties, and seek injunctions against non-compliant manufacturers. Federal preemption and previously used products are excluded from the prohibitions.