AB 324, as amended, Bloom. Glass beads: lead and arsenic.
Existing law, part of the hazardous waste control law, requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being a chemical of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. That law prohibits, until January 1, 2015, a person from manufacturing, selling, offering for sale, or offering for promotional purposes in this state, glass beads that contain more than a specified amount of arsenic or lead if those glass beads will be used with certain types of blasting equipment and requires, until January 1, 2015, each container or bag of glass beads sold for surface preparation to be labeled in a specific manner. Existing law also prohibits, until January 1, 2015, these glass beads from being considered as a product category subject to the chemicals of concern regulations. A violation of the hazardous control law is a misdemeanor.
This bill would revise the process for determining the amount of arsenic or lead that glass beads may contain, and would authorize the department to require any person who manufactures, sells, or offers for sale glass beads to provide to the department specified information relating to documentation and information about the manufacturer or supplier of those glass beads. The bill would authorize an authorized representative of the department, for purposes of administering and enforcing these provisions regulating the manufacture of glass beads, upon obtaining consent or after obtaining an inspection warrant, to, upon presenting appropriate credentials and at a reasonable time, take specified actions to enter and inspect a factory, warehouse, or establishment where glass beads are made. The bill would require the
above-described glass bead prohibitions and requirements to be effective until January 1, 2020.begin delete Byend delete
The bill would require the department, no later than January 1, 2019, to prepare an evaluation of existing research and data to determine if the standard of 75ppm or more of arsenic or 100ppm or more of lead is an appropriate standard for the use of those substances with regard to the prohibitions specified above, and to submit its findings to the Legislature. The bill would require that, if the department determines that not enough data exists to complete the evaluation, the department notify the Legislature and recommend a process for conducting the evaluation.
end insert
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Byend insert extending the effective date ofbegin delete these provisions, and thereby increasing the duty of local officialsend deletebegin insert the prohibitions specified above, a violation of which is a crimeend insert, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 25258 of the Health and Safety Code is
2amended to read:
(a) A person shall not manufacture, sell, offer for sale,
4or offer for promotional purposes in this state glass beads that
5contain 75 parts per million (ppm) or more of arsenic or 100 ppm
P3 1or more of lead by weight, if those glass beads will be used with
2pressure, suction, or wet- or dry-type blasting equipment.
3(b) (1) The concentration of arsenic and lead shall be
4determined in accordance with guidelines from EPA reference
5Method 3052 using hydrofluoric acid (HF) for sample preparation
6or digestion.
7(2) The digested sample shall be analyzed using an analytical
8instrument recognized by EPA such as
ICP-AES, ICP-MS, or other
9recognized analytical instrument.
10(3) The sample analysis method shall be capable of achieving
11recovery within the method criteria limits of arsenic and lead. A
12glass matrix reference material from the National Institute for
13Standards and Technology shall be used to verify lead and arsenic
14concentrations specified in subdivision (a).
15(4) The sample preparation method shall be capable of achieving
16recovery within the method criteria limits of arsenic and lead from
17a traceable glass matrix reference standard from the National
18Institute for Standards and Technology containing the metals near
19the concentrations specified in subdivision (a).
20(c) Each container or bag of glass beads sold in this state
for
21surface preparation, including the cleaning, peening, finishing,
22and deburring of aluminum and stainless steel products, and that
23will be used with pressure, suction, or wet- or dry-type blasting
24equipment, shall be labeled with the following:
26“Glass bead contents contain less than 75 ppm arsenic and less
27than 100 ppm lead pursuant to the California Health and Safety
28Code Section 25258.”
30(d) The department may require any person who manufactures,
31sells, or offers for sale, in this state glass beads to provide to the
32department information, including, but not limited to, identification
33of the manufacturer or supplier of the glass beads, information
34related to the sale of the glass beads, and technical documentation
35showing
that the glass beads are in compliance with the
36requirements of this article. The documentation or information
37shall be submitted to the department no more than 28 days after
38the date of the request.
39(e) (1) For the purpose of administering and enforcing this
40article, an authorized representative of the department, upon
P4 1obtaining consent or after obtaining an inspection warrant pursuant
2to Title 13 (commencing with Section 1822.50) of Part 3 of the
3Code of Civil Procedure, may, upon presenting appropriate
4credentials and at a reasonable time, do any of the following:
5(A) Enter a factory, warehouse, or establishment where glass
6beads are manufactured, packed, held, or sold; enter a vehicle that
7is being used to transport, hold, or sell glass beads; or enter a
place
8where glass beads are being held or sold.
9(B) Inspect a factory, warehouse, establishment, vehicle, or
10place described in subparagraph (A), and all pertinent equipment,
11raw material, finished and unfinished materials, containers, and
12labeling in the factory, warehouse, establishment, vehicle, or place.
13In the case of a factory, warehouse, or establishment where glass
14beads are manufactured, packed, held, or sold, this inspection shall
15include any record, file, paper, process, control, and facility that
16has a bearing on whether the glass beads are being manufactured,
17packed, held, transported, sold, or offered for sale or for
18promotional purposes in violation of this article.
19(C) (i) Secure a sample of glass beads when taking an action
20authorized pursuant to this
subdivision. If the representative obtains
21a sample prior to leaving the premises, he or she shall leave a
22receipt describing the sample obtained.
23(ii) The department shall return, upon request, a sample that is
24not destroyed during testing when the department no longer has
25any purpose for retaining the sample.
26(iii) A sample that is secured in compliance with this section
27and found to be in compliance with this article that is destroyed
28during testing shall be subject to a claim for reimbursement.
29(D) Access all records of a carrier in commerce relating to the
30movement in commerce of glass beads, or the holding of glass
31beads during or after the movement, and the quantity, shipper, and
32consignee of the glass beads. A
carrier shall not be subject to the
33other provisions of this article by reason of its receipt, carriage,
34holding, or delivery of glass beads in the usual course of business
35as a carrier.
36(2) An authorized representative of the department shall be
37deemed to have received implied consent to enter a retail
38establishment, for purposes of this section, if the authorized
39representative enters the location of that retail establishment where
40the public is generally granted access.
Section 25258.2 of the Health and Safety Code is
2amended to read:
This article shall remain in effect only until January
41, 2020, and as of that date is repealed, unless a later enacted
5statute, that is enacted before January 1, 2020, deletes or extends
6that date.
The Department of Toxic Substances Control shall,
8no later than January 1, 2019, prepare an evaluation of available
9existing research and data to determine if the standard of 75ppm
10or more of arsenic or 100ppm or more of lead for purposes of
11subdivision (a) of Section 25258 of the Health and Safety Code is
12an appropriate and protective standard for the use of those
13substances, and shall submit its findings to the Legislature pursuant
14to Section 9795 of the Government Code. If the department
15determines that not enough data exists to complete this evaluation,
16the department shall notify the Legislature and
recommend a
17process for conducting the evaluation pursuant to Section 9795
18of the Government Code.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
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