California's SB 903 Would Ban PFAS in Products Unless Determined a Currently Unavoidable Use

Farella Braun + Martel LLP

On February 21, 2024, State Sen. Nancy Skinner introduced SB 903 – the “Ending Forever Chemicals Act.” SB 903 follows in the footsteps of similar laws already passed in Maine and Minnesota, and, if passed, will prevent the sale or use in California by the year 2030 of any products that contain PFAS chemicals. As currently drafted, SB 903 does contain a “currently unavoidable use” (CUU) exception, whereby manufacturers would be able to petition the California Department of Toxic Substances Control (DTSC) for finding that PFAS in a specific product is unavoidable because there is no non-PFAS alternative and the PFAS-containing product is necessary for the health, safety, or functioning of society.

Under SB 903, the sale of all products with PFAS would be banned in California by 2030 unless the Department of Toxic Substances Control (DTSC) determines that the presence of PFAS in a product is unavoidable because there is no safer alternative and the product is necessary for human health and safety or the functioning of society.

sd09.senate.ca.gov/...

 

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