The State of California has introduced a bill (AB 958) to propose banning products containing certain perfluoroalkyl or polyfluoroalkyl substances (PFASs), and request the Department of Toxic Substances Control (DTSC) to consider food contact materials containing PFASs as potential priority products.

The following requirements are proposed to be added to Chapter 6.5 of Division 20 of the Health and Safety Code:

1. Any product containing PFASs with eight or more carbon atoms shall be prohibited to be manufactured, sold, or distributed.
2. Food contact substances containing PFASs shall be identified as draft priority products by the DTSC on or before January 1, 2019.
3. The DTSC shall adopt priority product regulations on food contact substances containing PFASs on or before January 1, 2020.

Two common PFASs are perfluorootanesulphonic acid (PFOS) and perfluorooctanoic acid (PFOA). PFOA is a material for manufacturing a polyfluoroalkyl substance called polytetrafluoroethylene (PTFE) (commercially known as Teflon), which is used as a non-stick coating for cookware. If PFASs-containing food contact substances are designated as priority products, manufacturers and importers shall submit the Alternatives Analysis Report to consider possible chemical or product redesign alternatives for increasing the level of safety.

A Priority Product is a consumer product identified by DTSC that contains one or more chemicals – known as Candidate Chemicals – that have a hazard trait that can harm people or the environment.