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California Bill Prohibiting Fluorinated Chemicals Moves Forward With Modifications

The proposed California legislation on fluorinated chemistries in fast food packaging, AB-958, has been significantly amended to only ban products contain perfluoroalkyl and polyfluoroalkyl substances (PFASs) with eight or more carbon atoms. The bill originally sought to ban food packaging that contained any fluorinated chemical. Another significant change to the legislation is it would prohibit the manufacture, sale, or distribution in commerce of ANY product (not just fast food packaging) that contains the defined PFASs. 

AB-958 would also require California’s Department of Toxic Substances (DTSC) to revise the Priority Product Work Plan under the state’s Green Chemistry program to include food-contact substances containing PFAS for priority consideration.

The bill passed out of the State Assembly Committee on Environmental Safety and Toxic Materials on April 25, 2017, by a vote of 5-2 and has been sent to the Committee on Appropriations. 

© 2020 Keller and Heckman LLPNational Law Review, Volume VII, Number 121


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