Article 2 - Chemical Disclosures for Cookware

California Health and Safety Code — §§ 109010-109014

Sections (5)

Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.

For purposes of this article, the following terms have the following definitions:

(a)“Cookware” means durable houseware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. “Cookware” includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.
(b)“Designated list” means the list of chemicals identified as candidate chemicals that exhibit a hazard trait or an environmental or toxicological endpoint that meets the criteria specified in regulations adopted by the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20, and is published

on the Department of Toxic Substances Control’s internet website pursuant to those regulations.

(c)“Intentionally added chemical” means a chemical that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product, including the components of intentionally added chemicals and intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(d)“Manufacturer” means either of the following:
(1)A person or entity who manufactures the cookware and whose name appears on the product label.
(2)A person or entity who the cookware is manufactured for or distributed by, identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15

U.S.C. Sec. 1451 et seq.).

(e)“Product label” means a display of written, printed, or graphic material that appears on, or is affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a consumer, if the product has an exterior container or wrapper.

Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.

(a)Commencing on January 1, 2024, a manufacturer of cookware sold in the state that contains one or more intentionally added chemicals present on the designated list in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of those chemicals on the product label. The list of intentionally added chemicals shall be introduced by the phrase “This product contains:”, and shall include on the product label a statement, in both English and Spanish, that reads: “For more information about chemicals in this product, visit”, followed by both of the following:
(1)An internet website address for a web page that provides all of the information required by Section

109012.

(2)A quick response (QR) code or other machine-readable code, consisting of an array of squares, used for storing an internet website for a web page that provides all of the information required by Section 109012.
(b)A manufacturer of cookware sold in the state shall ensure that the statement required on the product label by subdivision (a) is visible and legible to the consumer, including on the product listing for online sales.
(c)(1) Except as provided in paragraph (2), cookware that meets both of the following requirements is exempt from the requirements of this section:

(A) The surface area of the cookware cannot fit a product label of at least two square inches.

(B) The cookware does not have either of the following:

(i)An exterior container or wrapper on which a product label can appear or be affixed.

(ii) A tag or other attachment with information about the product attached to the cookware.

(2)A manufacturer of cookware sold in the state shall ensure that the statement otherwise required on a product label by subdivision (a) is included on the product listing for online sales pursuant to subdivision (b).

Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.

Commencing on January 1, 2023, a manufacturer of cookware sold in the state that contains one or more intentionally added chemicals present on the designated list in the handle of the product or in any cookware surface that comes into contact with food, foodstuffs, or beverages shall post on the internet website for the cookware all of the following:

(a)A list of all chemicals in the cookware that are also present on the designated list.
(b)The names of the authoritative list or lists referenced by the Department of Toxic Substances Control in compiling the designated list on which each chemical in the cookware is present.
(c)A link

to the internet website for the authoritative list or lists identified pursuant to subdivision (b).

Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.

Commencing on January 1, 2023, on the internet website for the cookware, and on January 1, 2024, on the cookware package, a manufacturer shall not make a claim that the cookware is free of any specific chemical if the chemical belongs to a chemical group or class identified on the designated list, unless no individual chemical from that chemical group or class is intentionally added to the cookware.

Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.

Cookware that contains one or more intentionally added chemicals present on the designated list in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall not be sold, offered for sale, or distributed in the state unless the cookware and the manufacturer of the cookware comply with this article.