California passes pfas regulation of textile products

On 1 September 2022, the State of California passed Bill AB 1817 to regulate PFAS chemicals in textile articles

 Beginning 1 January 2025, the new law will prohibit any person from manufacturing, distributing, selling, or offering for sale any new textile articles that contain regulated PFAS, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.

The bill will also require a manufacturer to provide persons that offer the product for sale or distribution with a certificate of compliance stating that the textile article is in compliance with the law and does not contain any regulated PFAS.

The new law will not apply to outdoor apparel for severe wet conditions until 1 January 2028. However, beginning 1 January 2025, outdoor apparel for severe wet conditions that contain regulated PFAS must be sold accompanied by a statement “Made with PFAS chemicals,” including for online listings of products for sale.

The following textile articles are excluded:

1. Any items regulated under the Safer Consumer Products Program
   1. Carpets and rugs
   2. Treatments containing PFAS for use on converted textiles or leathers
2. A vehicle or its component parts
3. A vessel or its component parts
4. Filtration media and filter products used in industrial applications
5. Textile articles used in or for laboratory analysis and testing
6. An aircraft or its component parts
7. Stadium shades or other architectural fabric structures

PFAS or perfluoroalkyl and polyfluoroalkyl substances are defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Regulated PFAS is defined as either of the following:

1. PFAS that is 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; or
2. The presence of PFAS in a product or product component at or above the following thresholds, as measured in total organic fluorine:
   1. Beginning 1 January 2025, 100 ppm
   2. Beginning 1 January 2027, 50 ppm

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