Perfluoroalkyl and polyfluoroalkyl substances (PFAS): Department of Pesticide Regulation., the official text

An act to add Article 19 (commencing with Section 13200) to Chapter 2 of Division 7 of the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL'S DIGEST

Existing law generally regulates the use of pesticides, and requires every manufacturer of, importer of, or dealer in any pesticide, except as specified, to obtain a certificate of registration from the Department of Pesticide Regulation before the pesticide is offered for sale. Existing law requires a pesticide use report to be submitted to a county agricultural commissioner or the Director of Pesticide Regulation, as provided.
This bill would require the department to indicate if a pesticide contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) pesticide ingredients, as defined, in the pesticide use reporting database on its internet website, include PFAS as a category of interest for purposes of that database, and include pesticide use trends of PFAS pesticide ingredients from the pesticide database in the pesticide use annual report and other relevant pesticide use reporting documents. The bill would also require the department to publish a list of all registered pesticides that contain PFAS pesticide ingredients, as specified.

The people of the State of California do enact as follows:

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States’ tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood. State water testing data indicates that PFAS have been detected in the drinking water of 25,000,000 Californians.
(2) Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma and developmental and reproductive harm, and increased cholesterol levels, thyroid disorders and other hormone disruption, and incidences of testicular and kidney cancer.
(3) PFAS are increasingly intentionally added to pesticides. According to a recent report, the United States Environmental Protection Agency has approved 70 active ingredient PFAS pesticides, and the Department of Pesticide Regulation has allowed 53 of these PFAS pesticides to be used in the state. Twenty-three of the California-approved PFAS pesticides are not allowed to be used in the European Union.
(4) A 2025 analysis of the Department of Pesticide Regulation’s data found that approximately 2,500,000 pounds of active ingredient PFAS pesticides are applied to California crops each year. Between 2018 and 2023, nearly 15,000,000 pounds of PFAS pesticides were applied to farmland in 58 California counties.
(5) Thirty-seven percent, or 348 out of 930, of California-grown produce samples tested in 2023 by the Department of Pesticide Regulation contained traces of PFAS pesticides. Seventy-eight types of produce grown in California, including peaches, nectarines, lettuce, spinach, grapes, and strawberries, were represented in these samples, and, of the 78 produce types tested, 40 contained PFAS pesticides.
(b) It is the intent of the Legislature to do both of the following:
(1) Address the use of PFAS pesticides as a class and reduce the presence of all PFAS pesticides on California-grown produce and in California’s soil, air, and water.
(2) Begin phasing out the use of PFAS pesticides and take additional steps to address other PFAS in pesticides.

SEC. 2.
Article 19 (commencing with Section 13200) is added to Chapter 2 of Division 7 of the Food and Agricultural Code, to read:
19.
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)13200.
For purposes of this article, both of the following definitions apply:
(a) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(b) “PFAS pesticide ingredients” means PFAS that are intentionally added to a pesticide as active, adjuvant, or inert ingredients.

13201.
(a) The department shall indicate if a pesticide contains PFAS pesticide ingredients in the pesticide use reporting database on its internet website and shall include PFAS as a category of interest for purposes of the pesticide use reporting database.
(b) The department shall include any pesticide use trends of PFAS pesticide ingredients from the pesticide use reporting database in the pesticide use annual report and other relevant pesticide use reporting documents.

13202.
The department shall publish a list of all registered pesticides that contain PFAS pesticide ingredients on its internet website and submit this list to the commissioner of each county.

13203.
The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.