Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Food service packaging items included on the List shall satisfy all the following criteria to minimize public health and litter impacts:
(1) A food service packaging item that is subject to the Toxics in Packaging Prevention Act (Health and Safety Code Sections 25214.11 through 25214.26) shall not contain lead, mercury, cadmium, or hexavalent chromium, or any "regulated metal" as described in subsection 17989.1(f) in an amount that exceeds 100 parts per million by weight, as measured by the sum of the total concentration levels of all such metals.
(2) The names of all chemicals included on the Proposition 65 list that are used in the manufacturing of the food service packaging item shall be disclosed to the department by the manufacturer seeking to add the item to the List.
(3) A food service packaging item made from plastic or fiber and that is recyclable or compostable shall not contain PFASs. A food service packaging item shall be deemed not to contain PFASs if its total fluorine concentration is not more than 100 parts per million, as determined by combustion ion chromatography, particle-induced gamma-ray emission spectroscopy, instrumental neutron activation analysis, or other technique utilized by an ISO/IEC 17025:2017 accredited laboratory.
(b) If the department determines that a food service packaging item has the potential to contribute to litter or public health or wildlife impacts, then it shall follow the process described in subsection 17989.1(e) for potential removal of the item from the List. In making such a determination, the department shall:
(1) Consider whether the food service packaging item has been identified by a state or federal government agency or other organization as having the potential to contribute to an adverse impact;
(2) Evaluate publications, reports, and any other information provided by a state agency, federal government agency, or other organization;
(3) If the basis of the determination relates to public health or wildlife impacts, consult with the Office of Environmental Health Hazard Assessment and the Department of Toxic Substances Control; and
(4) If the food service packaging item or material is subject to a ban, fee for distribution (e.g., a fee for a single-use disposable cup at point of sale), or other restrictions imposed pursuant to city or county ordinances, evaluate the ordinance and documentation in the public record in support of the ordinance concerning the food service packaging item's potential to contribute to litter or ocean debris concerns.
1. New section filed 12-6-2021; operative 12-6-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 50). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Sections 40401, 40502 and 42370.2, Public Resources Code. Reference: Sections 42370.2 and 42370.3, Public Resources Code.
