California’s DTSC Finalizes Regulation for Fabric Treatments Containing PFAS

Mar. 22 2022

California’s Department of Toxic Substances Control (DTSC) has finalized a regulation related to the Safer Consumer Products regulations, to list a new Priority Product: treatments containing perfluoroalkyl or polyfluoroalkyl substances (PFASs) for use on converted textiles or leathers such as carpets, upholstery, clothing, and shoes.

According to the DTSC: “PFASs are a class of chemicals characterized by highly stable carbon-fluorine bonds and used in many applications. DTSC has identified treatments for converted textiles or leathers as significant sources of human and ecological PFAS exposures, especially via inhalation during product use. Treatments for converted textiles or leathers are frequently used in homes and in several occupations. They contribute to ubiquitous environmental contamination and exposures, as do other consumer products such as food packaging, cosmetics, and waterproof clothing.”

Scope
Per the DTSC: “Treatments containing PFASs for use on converted textiles or leathers” means any product containing PFASs placed into commerce in California that may be marketed or sold for the purpose of:
• Eliminating dirt or stains from carpets, rugs, clothing, shoes, upholstery, or other converted textiles and leathers; or
• Repelling stains, dirt, oil, or water from carpets, rugs, clothing, shoes, upholstery, or other converted textiles and leathers.
Note that these treatments are sometimes also referred to as aftermarket treatments. This includes treatment products applied for instance by carpet or furniture retailers or auto dealerships before selling the product to their customers.

Sub-products include:
• Cleaner: a product marketed or sold for the purpose of eliminating dirt or stains;
• Protectant: a product marketed or sold to protect the surface from soiling when in contact with dirt or other impurities, or to reduce liquid absorption;
• Spot remover: a product marketed or sold to clean localized areas, or to remove localized spots or stains; and
• Water proofer or water repellant: a product marketed or sold to repel water.
“Treatments containing PFASs for use on converted textiles or leathers” does not include products marketed or sold exclusively for use during the process of carpet, rug, clothing, shoe, or furniture manufacturing.

Summary of Regulation
Manufacturers (both domestic and foreign) of treatments for converted textiles or leathers that contain any chemical in the PFASs chemical “family” who sell their products in the state of California, must submit a Priority Product Notification (PPN) for those products by May 31, 2022. The PPN must list all of the manufacturer’s products that contain PFASs which are sold in California.

After submitting the PPN, manufacturers submit one of the following to the state by September 28, 2022:
• Chemical Removal Intent/Confirmation Notification;
• Product Removal Intent/Confirmation Notification;
• Product-Chemical Replacement Intent/Confirmation Notification; or
• Preliminary Alternatives Analysis Report or these alternate reporting options: https://dtsc.ca.gov/scp/alternatives-analysis-reporting-options/

The above documents must be submitted through DTSC’s CalSAFER portal: https://calsafer.dtsc.ca.gov/

The DTC has provided instructional videos, as follows:
• CalSAFER - How to Register: https://www.youtube.com/watch?v=jg6jcAkJFGY
• CalSAFER - How to Submit a Priority Product Notification: https://www.youtube.com/watch?v=UxSf5pbgEiQ

Responsible Parties
The responsibility for compliance is on manufacturers, however, the DTSC has advised that if a manufacturer fails to comply, the responsibility of compliance may shift to importers or retailers, if DTSC notifies them.

Action is not needed by manufacturers of treatments for converted textiles or leathers if their products do not contain PFASs.

For full details: https://dtsc.ca.gov/scp/treatments-with-pfass/

For more information: Previously issued related Bureau Veritas Regulatory Updates.
• California Proposes Two Priority Products (Oct. 2021)
• California Governor Approves PFAS Law: Juvenile Products (Oct. 2021)
• California Adopts As Priority Products Carpets and Rugs with Perfluoroalkyl and Polyfluoroalkyl Substances (June 2021)

How Does this Impact You? Contact Us to Discuss
If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com

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