USA - California Bans PFAS in Products or Packaging Labeled "Recyclable"

​The Governor of the State of California signed SB 343 into law on October 5, that require accurate labeling for products or packaging.

The bill (SB 343) requires the Department of Resources Recycling and Recovery, on or before January 1, 2024, in order to provide information to the public to evaluate whether a product or packaging is recyclable in California and is of a material type and form that routinely become feedstock used in the production of new products and packaging.

It also prohibits a product or packaging that displays a chasing arrows symbol which actually cannot be recycled. A product or packaging shall be considered recyclable if all of the following criteria are met:

- ​plastic / non-plastic products and packaging does not contain any components, inks, adhesives or labels that prevent the recyclability of the packaging

- product or packaging does not contain an intentionally added chemical with existing scientific information available from the US Food and Drug Administration (FDA) and the Office of Environmental Health Hazard Assessment (OEHHA) pertaining to the specific use in the manufacture of a type of food service packaging

- product (including component) or packging is not made from plastic or fiber that contains intentionally-added perfluoroalkyl or polyfluoroalkyl substances (PFAS) or its concentration at or above 100ppm

However, consumer good required by any federal or Californa law or regulation to display a chasing arrows symbol is exempt from this new requirement, e.g. Federal Mercury-Containing and Rechargeable Battery Management Act, Section 25215.65 of the Health and Safety Code, etc.