California Safer Clothes and Textiles Act(California PFAS regulation)
Governmental Agency: California State
Jurisdiction: California, USA
Ref no: AB 1817
Status: ADOPTED September 2022
California is the first state in the U.S. to ban the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS). PFAS are a large group of synthetic chemicals that are used in a variety of consumer products. In textile manufacturing, PFAS are used as a finishing chemical to provide a variety of fabric properties including heat stability, water/oil repellency, and wrinkle-free finishes. PFAS have been identified as "forever chemicals", enter the open environment through product use and washing. This results in people, plants and animals being increasingly exposed, which will have negative effects on people’s health and the environment.
Signed into law in September 2022 and beginning January 1, 2025, the new bill will prohibit any person from manufacturing, distributing, selling, or offering for sale any new textiles or textile articles that contain regulated PFAS, except otherwise specified. Textiles and textile articles in scope include those products that are "ordinarily used in households and businesses including but not limited to apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and tablecloths. “Regulated PFAS,” are defined as PFAS “that have a functional or technical effect in the product." Specifically, the ban applies to PFAS present in products that are at or above these thresholds:
- 100 parts per million (from January 1st 2025)
- 50 parts per million (from January 1st 2027)
The Bill also requires manufacturers to use the least toxic alternative to regulated PFAS, provide distributors and retailers with a certificate of compliance stating that the product does not contain any regulated PFAS, and ensure products are clearly labelled as "Containing PFAS chemicals" from January 1st 2025.
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The bill impacts manufacturers, distributors, and retailers operating in California.
Any business producing a textile or textile article in scope of the regulation, using any chemicals on the ""regulated PFAS"" list, will be required to alter how the product is manufactured, and ensure all the necessary reporting, in order to ensure compliance.
It is worth noting that those organisations producing ""Outdoor apparel for severe wet conditions"" have a slightly longer timeline for the restriction on the use of regulated PFAS, as they will not be required to comply with the PFAS threshold quantities until 2028. PPE (personal protective equipment) and ""clothing items for exclusive use by the United States military"" are entirely exempt from complying with the regulation. Carpets and rugs are also excluded from compliance as they are currently regulated under the SCP program.
