California Bill Would Phase Out PFAS Pesticides, Require Label Disclosures

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California is considering legislation to phase out use, require labeling, and prohibit registrations of pesticides containing PFAS, defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

AB 1603 states that PFAS exposure “poses a significant threat to the environment and public health” and that their intentional use in pesticides is increasing.  The bill notes that EPA has approved 70 active ingredient PFAS pesticides, including 53 allowed for use in California by state regulators, and that a 2025 analysis found that approximately 2.5 million pounds of active ingredient PFAS pesticides are applied in California annually.

The bill would immediately prohibit the California Department of Pesticide Regulation (CDPR) from registering or re-registering pesticides with intentionally added PFAS as an active or inert ingredient, and would phase in the following additional requirements:

  • January 1, 2028: Prohibition on manufacturing, distribution, or sale unless labeled with the following statement: “This product contains perfluoroalkyl and polyfluoroalkyl substances, or PFAS, and can contaminate produce, groundwater, drinking water, soil, and the environment.”
  • January 1, 2030: Prohibition on using, manufacturing, selling, delivering, holding, or offering for sale pesticides with 23 specific intentionally added PFAS.
  • January 1, 2035: Blanket prohibition on using, manufacturing, selling, delivering, holding, or offering for sale pesticides with any intentionally added PFAS.

AB 1603 would also designate pesticides with intentionally added PFAS as a restricted material.  By January 1, 2028, CDPR would be required to prescribe the times and conditions under which such materials may be used or possessed across the state, with authority to prohibit use or possession in certain areas.  Use or possession would require a written permit from the county agricultural commissioner, and those permits and related public disclosures would be subject to the same label statement described above.

Any state labeling requirement must contend with the preemption provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which prohibit states from imposing labeling requirements “in addition to or different from those required under” the statute.  EPA does not currently require any label disclosure for pesticides containing PFAS.

AB 1603 was introduced on January 16, 2026.  The Assembly Committee on Environmental Safety and Toxic Materials will hold a hearing on the bill on April 14, 2026.

EPA: Single Fluorinated Compounds Aren’t PFAS

Late last year, EPA published a webpage pushing back on concerns about pesticides containing a single fluorinated carbon—the threshold for designation as PFAS under AB 1603.

“EPA-approved single fluorinated compounds are not forever chemicals, they are not PFAS, and do not pose any risks of concern when used as labeled,” the webpage states.

EPA emphasizes that, regardless of a pesticide’s contents, registration under FIFRA requires a determination that the product will not cause unreasonable adverse effects on human health or the environment.  The agency conducts “robust, chemical-specific” hazard and exposure assessments, “ensuring that every scientific aspect of these compounds is thoroughly evaluated before any registration decision is made.”  It conducts a similarly thorough evaluation when setting food tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), which requires a “reasonable certainty of no harm,” EPA states.

EPA notes that pesticides containing a single fluorinated carbon can offer agronomic benefits and may replace more harmful alternatives, such as organochlorines.  The agency also points to the European Union, United Kingdom, Canada, and other jurisdictions that have registered or are considering registering pesticides containing a fluorinated carbon.