Food packaging: hazardous chemicals.

DTSC must now not only establish a threshold for non-intentionally added bisphenols and ortho-phthalates in food packaging but also provide guidance on acceptable analytical methods for demonstrating compliance with that threshold.

A new provision allows product manufacturers, chemical manufacturers, or suppliers to raise trade secret claims (in the manner specified in Section 25257) when providing data or information in response to a department request related to implementing this section.

The definition of 'intentionally added bisphenols or ortho-phthalates' was clarified: the functional or technical effect requirement now explicitly applies to the component or breakdown product itself (rather than ambiguously to the parent chemical), and the term 'intermediate material' was shortened to 'intermediate.'

Subdivisions were renumbered throughout (old f through k became g through l) to accommodate the new trade secret provision, with no substantive change to the content of those provisions.

The effective date for the prohibition on food packaging containing intentionally added bisphenols or ortho-phthalates was delayed one year, from January 1, 2027 to January 1, 2028.

The bill title was corrected from 'Safer Food Packing Packaging Act of 2025' to 'Safer Food Packaging Act of 2026,' fixing a duplicated word and updating the year.

The definition of 'bisphenol' was simplified by removing the explicit TMBPF exclusion from the definition itself; the TMBPF exemption is now handled solely in the prohibition section (subparagraph B).

Internal cross-references to subdivisions were renumbered throughout (e.g., references to subdivision (c) updated to (d)) to reflect the removal of a redundant subsection letter.

Minor grammatical and typographical corrections were made, including 'Code of Federal Regulation' to 'Code of Federal Regulations' and fixing subject-verb agreement issues in the definition of intentionally added bisphenols or ortho-phthalates.

The prohibition on food packaging containing intentionally added bisphenols or ortho-phthalates is delayed by one year, from January 1, 2027 to January 1, 2028.

A new exemption excludes durable food contact containers designed for repeated use in commercial food preparation or storage that are subject to federal polycarbonate resin regulations and not provided to the end customer.

The prohibition on intentionally added bisphenols or ortho-phthalates now explicitly does not apply to tetramethyl bisphenol F (TMBPF, CAS 5384-21-4), providing a clear carve-out beyond the existing definitional exclusion.

The prohibition does not apply until January 1, 2037, to the exterior surface of rigid metal packaging (cans, lids, closures) where the primary material is metal and the surface does not come in contact with food - a 10-year delay for this category.

A new legislative statement encourages voluntary public disclosure of scientific studies regarding chemicals in commerce, including chemical analyses, migration studies, toxicological studies, biological assays, and safety assessments.

A new recordkeeping requirement obligates manufacturers of food packaging containing non-intentionally added bisphenols or ortho-phthalates to maintain specified information, including data from Section 25253.7 and relevant federal toxicological and migration studies under 21 CFR 170.101. A safe harbor is provided if the manufacturer documents that it cannot obtain the information from suppliers.

The definition of 'intentionally added bisphenols or ortho-phthalates' now explicitly excludes intermediate materials that do not have a functional or technical effect in the product.

The department's regulatory authority over TMBPF is expanded: it can now either establish a threshold for TMBPF in food packaging or limit/prohibit it, rather than only limiting or prohibiting it.

The bill title changes from 'Safer Food Packing Act of 2025' to 'Safer Food Packaging Act of 2026,' correcting the terminology and updating the year.

Antimony trioxide is removed from all references in the bill. The Assembly version prohibited food packaging containing intentionally added antimony trioxide, bisphenols, or ortho-phthalates; the Senate version limits the prohibition to bisphenols and ortho-phthalates only.

A new subdivision (c)(2) requires DTSC to establish, by regulation, a threshold for bisphenols and ortho-phthalates in food packaging that are NOT intentionally added. This is mandatory ('shall') but subject to an appropriation by the Legislature.

The regulatory authority language changes from 'may adopt regulations to restrict or prohibit' (discretionary) to 'shall establish in regulation a threshold' (mandatory, subject to appropriation) for non-intentionally added chemicals. This makes DTSC's action required rather than optional.

A new prohibition takes effect no sooner than one year after DTSC adopts regulations setting the threshold for non-intentionally added bisphenols and ortho-phthalates. Food packaging containing these chemicals at or above that threshold will be prohibited from manufacture, distribution, sale, or offering for sale.

The standalone definition of bisphenol ('a chemical with two phenol rings connected by a single linker atom') is removed; only the cross-reference to Section 108942 remains. Similarly, the standalone definition of ortho-phthalates ('a class of chemicals that are esters of ortho-phthalic acid') is removed; only the cross-reference to Section 109051 remains.

The prohibition now includes 'manufacture' in addition to distribution, sale, and offering for sale. This extends the bill's reach upstream to the manufacturing stage of food packaging containing antimony trioxide, bisphenols, or ortho-phthalates.

The detailed definition of 'bisphenol' (two phenol rings connected by a single linker atom) and the specific list of 12 named ortho-phthalates (BBP, DBP, DCHP, DEHP, DEP, DIBP, DIDP, DINP, DnHP, DNOP, DnPP, DIHP) were removed and replaced with cross-references to Section 108942 and Section 109051 respectively. This means the scope of covered chemicals now depends on what those other sections define.

A new definition for 'intentionally added bisphenols or ortho-phthalates' was added, covering any such chemical that a manufacturer has added to a product with a functional or technical effect, including as a component of an intentionally added chemical or as the intentional breakdown product of an added chemical.

Enforcement authority was narrowed. The previous version allowed the Attorney General, a city attorney, county counsel, or district attorney to enforce. The amended version limits enforcement to the Department of Toxic Substances Control or the Attorney General only, removing local prosecutors from enforcement roles.

The prohibition now applies only to 'intentionally added' antimony trioxide, bisphenols, or ortho-phthalates at or above a limit determined by DTSC in regulation, rather than banning any presence of these chemicals outright.

If DTSC determines TMBPF poses a significant risk to human health, it may by regulation limit or prohibit food packaging containing TMBPF - giving DTSC a specific pathway to address this excluded chemical later.

DTSC is added as an enforcement authority alongside the Attorney General, city attorneys, county counsel, and district attorneys. Penalties can now be administrative (assessed by DTSC) or civil (through courts).

New provisions allow penalties to be assessed for each day a violation continues (not just per violation), and add an attorney's fees and costs provision for the prevailing party in enforcement actions.

New provision allows DTSC to establish standards for these chemicals in food packaging that are more protective of public health, sensitive populations, or the environment than the statutory baseline.

A new definition of 'bisphenol' is added (a chemical with two phenol rings connected by a single linker atom), with an explicit exclusion for tetramethyl bisphenol F (TMBPF, CAS 5384-21-4).

A coordination provision states that if DTSC adopts a regulatory response under Section 25253 regarding any of these chemicals in a product prohibited by this section, then this section shall not apply to that product, preventing overlapping regulation.

A savings clause clarifies that this section does not restrict DTSC's existing authority under Section 25257.1 to prioritize or take action on products containing these chemicals.

Upon appropriation by the Legislature, funds in the Toxic Substances Control Account may be used by DTSC to implement this chapter.