SB 926 — AN ACT CONCERNING THE PRESENCE OF PFAS IN CERTAIN CONSUMER PACKAGING.

[The]452 As8 indicatedsSB926 inFile subsection (c) of this section, the report may describe substitutes which manufacturers and distributors of packages and packaging components have used in place of lead, mercury, LCO No.

3303452 8effectiveness of 10 Raised Bill No.926 cadmium and hexavalent chromium, and may contain recommendations concerning (1) other toxic substances contained in packaging that shouldbe added to thoseregulated under the provisions of sections 22a-255g to 22a-255m, inclusive, in order to further reduce the toxicity of packaging waste, and (2)provide thea advisabilityreport ofbased retainingonsuchreviewto thetheGovernor exemptionandtheGeneralAssembly. provided in subdivision (2) of section 22a-255j.

[The] As indicated in subsection (c) of this section, the report may describe substitutes which manufacturers and distributors of packages and packaging components have used in place of lead, mercury, cadmium and hexavalent chromium, and may contain recommendations concerning (1) other toxic substances contained in packaging that shouldbe added to thoseregulated under the provisions of sections 22a-255g to 22a-255m, inclusive, in order to further reduce the toxicity of packaging waste, and (2) the advisability of retaining the exemption provided in subdivision (2) of section 22a-255j.

(1)Thechemicalisincludedonthelistofchemicalsofconcernpublished by theDepartment ofEnergy andEnvironmentalProtectiononthebasisandEnvironmentalProtection onthebasis of credible scientific evidence as being (A) a carcinogen, a reproductive or developmental toxicant or an endocrine disruptor, (B) persistent, bioaccumulative and toxic, (C) very persistent and very bioaccumulative, (D) persistent mobile and toxic, or (E) very persistent and very mobile;

(2) the commissioner determines that there is strong crediblesSB926 scientific/ evidenceFile thatNo. the chemical is a reproductive or developmental toxicant, endocrine disruptor or human carcinogen;

or452 (3)9 thesSB926 commissionerFile determines that there is strong credible scientific evidence that the chemical (A) was found through biomonitoring studies to be present in human blood, human breast milk, human urine LCO No.

3303452 9credible ofscientific 10evidence Raisedthat Billthe No.chemical is a reproductive or developmental toxicant, endocrine disruptor or human carcinogen;

926or orotherhumanbodilytissuesorfluids,(B)(3) wasfoundthroughsamplingthe commissioner determines that there is strong credible scientific evidence that the chemical (A) was found through biomonitoring studies to be present in human blood, human breast milk, human urine orotherhumanbodilytissuesorfluids,(B)wasfoundthroughsampling and analysis to be present in packaging, and (C) was added to or is present in a package.

2 July 1, 2021 22a-255i July 1, 2021 Sec.

3 July 1, 2021 22a-255k Sec.

4 July 1, 2021 22a-255m StatementENV ofJoint Purpose:Favorable Subst.

TosSB926 prohibit/ theFile saleNo. of consumer packaging that contains PFAS.

[Proposed452 deletions10 aresSB926 enclosedFile inNo. brackets.

Proposed452 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof LCOfor No.any purpose.

3303In 10general, fiscal impacts are based upon a variety of 10informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill allows the Department of Energy and Environmental Protection (DEEP) to review the "chemicals of high concern" list and requires DEEP to remove any packaging chemical of high concern that no longer meets the criteria under the bill.

It allows DEEP to add to the listadditionalpackagingchemicalsofhighconcernthatmeetthecriteria under the bill.

This has no fiscal impact since the agency currently has the expertise for this purpose, in conjunction with the Toxics in Packaging Clearninghouse.

The Out Years State Impact:

None Municipal Impact:

None sSB926 / File No.

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452 OLR Bill Analysis sSB 926 AN ACT CONCERNING THE PRESENCE OF PFAS IN CERTAIN CONSUMER PACKAGING.

SUMMARY This bill prohibits, beginning October 1, 2023, manufacturers, suppliers, and distributors from offering for sale or promotional purposes packages or packaging components with (1) any detectable amount of perfluoroalkyl and polyfluoroalkyl substances (PFAS) or (2) PFAS that was introduced to the package or component during manufacturing or distribution (see BACKGROUND).

The bill exempts from the PFAS ban packages and packaging components for medical devices or equipment.

Existing law authorizes the Department of Energy and Environmental Protection (DEEP) commissioner to report to the governor andthelegislature ontheeffectivenessofthestate’spackaging restrictions, including recommending that the law be expanded to include other toxic substances.

The bill authorizes the commissioner to (1) create a list of packaging chemicals of high concern, which must be considered toxic chemicals and (2) recommend to the Environment Committee that chemicals on the list be statutorily banned from packaging within two years after making the recommendation.

The bill expands upon the current procedure for showing that a package or packaging components comply with the law’s restrictions (i.e., certificates of compliance), which apply to the existing restrictions on lead, mercury, cadmium, and hexavalent chromium and the bill’s ban on PFAS chemicals.

It also prohibits material used to replace a chemical that is banned from packaging or packaging components from being used in an amount or way that creates a hazard at least equal to the hazard of the banned chemical.

sSB926 / File No.

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452 The bill applies existing civil and criminal penalties for violations of the packing and packing component law to its ban on PFAS in packagingandcomponents,includingthoseformakingfalsestatements in certificates of compliance (see BACKGROUND).

It also makes minor, technical, and conforming changes.

EFFECTIVE DATE:

July 1, 2021 PFAS IN PACKAGING AND COMPONENTS The law’s existing restrictions on lead, mercury, cadmium, and hexavalent chromium in packaging and packaging components applies to intentional introductions.

The bill expands the law’s meaning of intentional introductions to packaging and components by applying it to PFAS and other regulated chemicals.

But the bill’s ban on PFAS in components applies regardless of whether there was intent to introduce it.

The bill also considers using a regulated chemical as a processing agent, moldreleaseagent, or intermediate asanintentionalintroduction when the chemical is detected in the final package or component.

CERTIFICATE OF COMPLIANCE Current law allows package and packaging component manufacturers and distributers to show that they comply with the law’s restrictions by providing a certificate of compliance saying that they relied on the written assurance from the manufacturer about the package’s or component’s content.

The bill instead makes manufacturers and suppliers responsible for providing the certificates.

It also (1) requires certificates to be provided to the public, not just the DEEP commissioner, upon request;

(2) allows certificates to be made available through a website;

(3) requires an amended or new certificate when a package or component is changed or new;

and (4) if the commissioner suspects a violation of the law, requires her to receive certain purchaser information.

sSB926 / File No.

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452 Content Under the bill, if requested by a purchaser, a manufacturer or supplier of a package or component must provide a certificate of compliance, signed by an authorized official, saying that it meets the law’s content requirements.

If the package or component meets one of the existing exemptions that generally apply to the restricted metals, the certificate must state the specific reason the exemption applies.

Manufacturers and suppliers must keep copies of their certificates on file.

Providing Certificates Upon Request The bill requires certificates, or copies of them, to be provided to the commissioner or the public if either requests them.

It allows a manufacturer or supplier to make a certificate available (1) on the manufacturer’s website or (2) through an authorized representative of the manufacturer, such as a packaging clearinghouse.

(It is unclear how a supplier could make a certificate available on a manufacturer’s or representative’s website.) Under the bill, a request from the public must be made in writing and have a copy provided to the commissioner.

It must be specific as to the requested package or component information.

The manufacturer or supplier, as applicable, must respond to the request within 60 days after receiving it.

The bill also requires a purchaser who receives a certificate of compliance to keep it for the entire time he or she uses the associated package or component.

The bill specifies that the certificate of compliance requirement does not apply to packaging or packaging components for medical devices or medical equipment.

Amended Certificates If a package or package component manufacturer or supplier reformulates or creates a new package or component, the bill requires it to provide an amended or new certificate of compliance to all current sSB926 / File No.

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452 purchasers.

Suspected Violation Under the bill, if the commissioner has grounds to suspect that a package (but not a packaging component) is offered for sale in violation of existing law and the bill, she may ask the package’s manufacturer or distributor (but not the supplier) to provide a certificate of compliance within the next 30 days.

The bill requires the manufacturer or distributor to (1) give the commissioner the certificate attesting that the package is free of a regulated chemical (but not a metal);

(2) notify anyone who sells the package in Connecticut that selling it is prohibited;

and (3) give the commissioner a copy of the notice to sellers and a list of who received it, with their addresses.

TOXIC CHEMICALS LIST The billallowstheDEEPcommissioner to periodically review,revise, and publish a list of packaging chemicals of high concern.

Chemicals on the list must be considered toxic chemicals.

The bill requiresthecommissioner to remove achemicalfromthelist if it no longer meets the criteria for which it was included.

The bill caps at 10 the number of chemicals that may be on the list at any time.

Eligibility for Listing The bill establishes three standards for the commissioner to place a chemical on the list.

First, a chemical can be listed if the commissioner included it on DEEP’s list of chemicals of concern due to credible scientific evidence that it is:

1.

a carcinogen, reproductive or developmental toxicant, or endocrine disruptor or 2.

(a) persistent, bioaccumulative, and toxic;

(b) very persistent and very bioaccumulative;

(c) persistent, mobile and toxic;

or (d) very sSB926 / File No.

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452 persistent and very mobile.

The commissioner may also include a chemical on the list if she determines that there is strong credible scientific evidence (rather than just credible scientific evidence) that it is a human carcinogen, reproductive or developmental toxicant, or endocrine disruptor.

Lastly, the list may include a chemical if the commissioner determines that there is strong credible scientific evidence that it was:

1.

found in human blood, breast milk, urine, or other bodily tissues or fluids, through bioengineering studies;

2.

found in packaging through sampling and analysis;

and 3.

added to or in a package.

Under the bill, “credible scientific evidence” is study results that are the product of an independent scientific peer-reviewed experimental design and conduct.

The results also must be published in a peer- reviewed journal or a publication from an authoritative federal or international governmental agency (e.g., U.S.

Department of Healthand Human Services’ National Toxicology Program, World Health Organization, and the European Chemicals Agency).

The criteria for determining if a substance is “persistent, bioaccumulative, and toxic” or “very persistent and very bioaccumulative” are set in Annex XIII of the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation of the European Union (EC) No.

1907/2006 of the European Parliament and the Council, or its amendments.

Similarly, the criteria for determining if a substance is “persistent, mobile, and toxic” or “very persistent and very mobile” is set in the following 2019 REACH report:

“REACH:

Improvement of guidance and methods for the identification and assessment of PMT/vPvM substances:

Final Report.” BACKGROUND Packaging and Components sSB926 / File No.

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452 Under existing law, “packaging” is a container used to market, protect, or handle a product and includes a unit package, intermediate package,andshipping container.Italsoincludesanunsealedreceptacle, such as a crate, cup, tray, wrapper, or bag, among other things.

“Packaging components” are package parts such as interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, label,dye, pigment, adhesive, stabilizer,or another additive.

Penalties By law, anyone who violates the packaging and packing component law is subject to a civil penalty of up to $10,000 per offense, which the court sets.

A violation includes making a false statement in a certificate of compliance.

The law makes each violation, and each day a violation continues, a separate and distinct offense.

Knowingly violating this law, including false statements in certificates of compliance, is punishable by a fine of up to $50,000, up to two years in prison, or both.

Each false statement is subject to the possible fine.

The law also allows the DEEP commissioner to ask the attorney general to seek an injunction to stop someone from continuing a violation.

It requires the attorney general, if asked by the commissioner, to take court action to recover a civil penalty a court imposes for a violation of these laws (CGS § 22a-255l).

COMMITTEE ACTION Environment Committee Joint Favorable Substitute Yea 21 Nay 11 (03/29/2021) sSB926 / File No.

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