§ 108940
372 words·~2 min read·
/ca/health-and-safety-code/108940A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)On and after January 1, 2026, no person shall manufacture, sell, or distribute in commerce any juvenile’s feeding product or juvenile’s sucking or teething product that contains any form of bisphenol above the practical quantitation limit (PQL), to be determined by the Department of Toxic Substances Control.
(b)Subdivision
(a)shall not apply to medical devices, as defined in Section 109920, or to food and beverage containers designed or intended primarily to contain liquid, food, or beverages for consumption by the general population.
(c)The Department of Toxic Substances Control may establish standards for any juvenile’s feeding product or juvenile’s sucking or teething product that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (a).
(d)Notwithstanding subdivision (a), if the Department of Toxic Substances Control adopts a regulatory response described in Section 25253 regarding the use of any form of bisphenol in a product that is prohibited by this section, the prohibition of this section shall not apply to that product upon the date that the Department of Toxic Substances Control posts a notice on its internet website that it has adopted the response.
(e)Notwithstanding subdivisions
(b)and
(c)of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the Department of Toxic Substances Control to prioritize or take action on any products containing any form of bisphenol in order to limit exposure to or reduce the level of hazard posed by any form of bisphenol.
(1)The Department of Toxic Substances Control or the Attorney General may enforce this chapter.
(2)A violation of this chapter shall be punishable by an administrative or civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.
(3)Penalties may be assessed for each violation or, for continuing violations, for each day that violation continues.
(g)The Department of Toxic Substances Control may adopt regulations to implement, enforce, interpret, or make specific this chapter.
(h)Upon appropriation by the Legislature, funds in the Toxic Substances Control Account may be used by the Department of Toxic Substances Control to implement this chapter.