AB 543, as introduced, Quirk. Proposition 65: exposure.
(1) The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 6, 1986, statewide general election, prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning.
This bill would provide that a person, in the course of doing business, does not knowingly and intentionally expose an individual to a chemical known to the state to cause cancer or reproductive toxicity if there exists an exposure assessment that meets 3 specified requirements.
(2) Proposition 65 provides that it may be amended by a statute, passed by a 2⁄3 vote of each house of the Legislature, to further its purposes.
This bill would find and declare that it furthers the purposes of Proposition 65.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25249.6 of the Health and Safety Code
2 is amended to read:
Required Warning Before Exposure To Chemicals
4Known to Cause Cancer Or Reproductive Toxicity.begin delete Noend delete
5begin insert(a)end insertbegin insert end insertbegin insertNoend insert person in the course of doing business shall knowingly
6and intentionally expose any individual to a chemical known to
7the state to cause cancer or reproductive toxicity without first
8giving clear and reasonable warning to such individual, except as
9provided in Section 25249.10.
10(b) A person, in the course of doing business, does not knowingly
11and intentionally expose an individual to a chemical known to the
12state to cause cancer or reproductive toxicity if there is an exposure
13assessment that meets all of the following conditions:
14(1) It has been conducted by, or under the direction of, a
15qualified scientist in accordance with the implementing regulations
16adopted by the Office of Environmental Health Hazard Assessment
17that are relevant to the alleged exposure.
18(2) It evaluates the same chemical in or from the relevant source
19that is the subject of the alleged exposure and concludes that the
20person in the course of doing business is not exposing an individual
21to the chemical at a level that requires a warning or, alternatively,
22that no specification of the particular chemical is required for a
23provided warning.
24(3) It is documented, in writing, and has been approved and
25signed by the
qualified scientist before the person in the course of
26doing business receives a written notice of an alleged exposure
27pursuant to Section 25249.7.
Section 25249.11 of the Health and Safety Code is
29amended to read:
Definitions.
31For purposes of this chapter:
32(a) “Person” means an individual, trust, firm, joint stock
33company, corporation, company, partnership, limited liability
34company, and association.
35(b) “Person in the course of doing business” does not include
36any person employing fewer than 10 employees in his or her
37business; any city, county, or district or any department or agency
38thereof or the state or any department or agency thereof or the
P3 1federal government or any department or agency thereof; or any
2entity in its operation of a public water system as defined in Section
3116275.
4(c) “Qualified scientist” means a person who meets all of the
5following requirements:
6(1) He or she has completed a masters, doctoral, or medical
7doctor degree and has experience in an area specializing in any
8of the following:
9(A) Epidemiology.
end insertbegin insert10(B) Oncology.
end insertbegin insert11(C) Pathology.
end insertbegin insert12(D) Medicine.
end insertbegin insert13(E) Public health.
end insertbegin insert14(F) Statistics.
end insertbegin insert15(G) Biology.
end insertbegin insert16(H) Toxicology.
end insertbegin insert17(I) Developmental toxicology.
end insertbegin insert18(J) Reproductive toxicology.
end insertbegin insert19(K) Teratology.
end insertbegin insert20(L) Environmental chemistry.
end insertbegin insert21(M) Fields related to subparagraphs (A) to (L), inclusive.
end insertbegin insert
22(2) He or she demonstrates ongoing expertise in
the conduct of
23work relevant to the evaluation of exposure to chemicals, including
24carcinogenic chemicals or chemicals that pose reproductive or
25developmental hazards, using generally accepted and scientifically
26valid principles and methodologies.
27(c)
end delete
28begin insert(d)end insert “Significant amount” means any detectable amount except
29an amount which would meet the exemption test in subdivision
30(c) of Section 25249.10 if an individual were exposed to such an
31amount in drinking water.
32(d)
end delete
33begin insert(e)end insert “Source of drinking water” means either a present source of
34drinking water or water which is identified or designated in a water
35quality control plan adopted by a regional board as being suitable
36for domestic or municipal uses.
37(e)
end delete
38begin insert(f)end insert “Threaten to violate” means to create a condition in which
39there is a substantial probability that a violation will occur.
40(f)
end delete
P4 1begin insert(g)end insert “Warning” within the meaning of Section 25249.6 need not
2be provided separately to each exposed individual and may be
3provided by general methods such as labels on consumer products,
4inclusion of notices in mailings to water customers, posting of
5notices, placing notices in public news media, and the like,
6provided that the warning accomplished is clear and reasonable.
7In order to minimize the burden on retail sellers of consumer
8products including foods, regulations implementing Section
925249.6 shall to the extent practicable place the obligation to
10provide any warning materials such as labels on the producer or
11packager rather than on the retail seller, except where the retail
12seller itself is responsible for introducing a chemical known to the
13state to cause cancer or reproductive toxicity into the consumer
14product in
question.
The Legislature finds and declares that this act furthers
16the purposes of the Safe Drinking Water and Toxic Enforcement
17Act of 1986.
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