California Signs PFAS in Textile Articles Bill AB 1817

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.

Definitions in the Act

• “Apparel” means any of the following:
--- Clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for work wear.

• Does not include personal protective equipment or clothing for exclusive use by the US military
--- Outdoor apparel and outdoor apparel for severe wet conditions.

• “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.

• “Regulated PFAS” means either of the following:
--- 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:
• Commencing January 1, 2025, 100 parts per million.
• Commencing January 1, 2027, 50 parts per million.

Summary
As of January 1, 2025, textile articles containing regulated PFAS may not be made or distributed within California. Textile articles does not include products such as, carpets and rugs, treatments containing PFAS for use on converted textiles or leathers, and previously used articles.

Outdoor apparel for severe wet conditions have until January 1, 2028 to comply, however starting January 1, 2025, those articles containing PFAS must be accompanied by a legible and easily discernable disclosure with the statement “Made with PFAS chemical,” including for products sold online.

Manufacturers of textile articles must provide persons that offer the product for sale or distribution in the state with a certificate of compliance stating that the textile article is in compliance with the requirements and does not contain any regulated PFAS. The certificate of compliance must be signed by an authorized official of the manufacturer and may be provided electronically.

For full details, please see the following link:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1817

How Does this Impact You? Contact Us to Discuss
Bureau Veritas can help verify that your products will meet your customer’s expectations as well as all applicable regulations. We can help you reduce cost and time-to-market, minimize the risk of recalls and returns, increase sales and customer satisfaction, and eliminate previously unidentified threats to your company’s reputation. Our services help to protect both your bottom line and your peace of mind.

If you have any questions on these final rules, please contact your customer service representative or email: info@us.bureauveritas.com
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