BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 237
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 237 (Galgiani) - As Amended:  May 10, 2011 

          Policy Committee:                              HealthVote:13-1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill requires certain manufacturers of cosmetics sold in 
          California to disclose their ingredients.  Specifically, this 
          bill:

          1)Requires any manufacturer of cosmetic products sold in 
            California that does not currently comply with a voluntary 
            federal cosmetic ingredients reporting program to provide 
            similar information as that disclosed to the federal program, 
            to the Department of Public Health (DPH).

          2)Requires DPH to post on its website notifications by the FDA 
            which identify unsafe ingredients that should be removed from 
            cosmetics subject to these reporting requirements. 

          3)Requires the program to be conducted within existing 
            resources. 

           FISCAL EFFECT

              1)   Costs to DPH, likely between $50,000 and $100,000, to 
               receive reports and perform related activities. 

             2)   The bill specifies that it shall be implemented within 
               existing resources only.  However, the bill's provisions 
               require increased workload to the department, which would 
               result in General Fund cost pressure to fund these 
               activities.

           COMMENTS  










                                                                  AB 237
                                                                  Page  2

           1)Rationale  . According to the author, this bill provides new 
            accountability and transparency for cosmetic products sold in 
            California, without adding new costs to state government.  The 
            author states that based upon recent health concerns related 
            to other FDA regulated products, this proposal, if enacted, 
            would provide a new level of protection for consumers and 
            cosmetic manufacturers.


           2)Background  . The Voluntary Cosmetic Reporting Program (VCRP) is 
            an FDA post-market voluntary reporting system for use by 
            manufacturers, packers, and distributors of cosmetic products 
            in the United States. Companies voluntarily submit information 
            about cosmetic ingredients and this information is used by an 
            independent scientific panel to determine priorities for 
            safety review. 


          The Food and Drug Branch within DPH regulates food, drugs, 
            medical devices, cosmetics and certain other consumer goods 
            under the Sherman Food, Drug, and Cosmetic Act. The Sherman 
            Act addresses the packaging, labeling, and advertising of 
            consumer goods.

           3)Related Legislation  . AB 595 (Dymally) of 2007 contained 
            similar provisions to this bill and was held on suspense in 
            the Senate Appropriations Committee.


            SB 484 (Migden), Chapter 729, Statutes of 2006, the California 
            Safe Cosmetics Act, requires cosmetic manufacturers to provide 
            DPH with a complete and accurate list of its cosmetic products 
            that, as of the date of submission, are sold in the state and 
            contain any ingredient that is a chemical identified as 
            causing cancer or reproductive toxicity.  


             

           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081