AB 1603 was introduced by Assemblymember Nick Schultz (D-Burbank). Originally, the bill was much more ambitious, with provisions aiming to completely phase out the registration, use, and sale of PFAS pesticides in California. The enacted version of AB 1603 is heavily amended.

The Increasing Use of PFAS Pesticides

PFAS pesticides are increasingly used in the state of California and nationwide. According to AB 1603, there are more than 70 pesticides containing PFAS active ingredients approved by the U.S. Environmental Protection Agency (EPA), of which CDPR has approved 53 for use in California. The bill text highlights that 23 of these pesticides are prohibited for use in the EU.

PFAS Pesticides on California-Grown Produce

Moreover, analyses of CDPH pesticide use data conducted by the Environmental Working Group (EWG), which cosponsored AB 1603, found that approximately 2.5 million pounds of PFAS pesticides are applied to California crops each year and 37 percent of California-grown produce samples tested positive for PFAS pesticide residues. EWG said that PFAS pesticides account for 15 percent of pesticide residues on California produce despite representing only 5 percent of state-registered active pesticide ingredients.

The PFAS Problem

PFAS, also known as “forever chemicals” due to their inability to break down over time, are highly persistent due to their stable carbon–fluorine bonds. They bioaccumulate and are widely pervasive in the environment and humans, having been introduced through their industrial and consumer goods applications, resulting in their presence in food and drinking water globally. These “forever chemicals” are also associated with health harms like the increased risk of certain cancers, liver and kidney harms, thyroid dysfunction, heightened cholesterol, and hormone disruption.