Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 708

Introduced by Assembly Member Jones-Sawyer

February 25, 2015

An act to add Article 10.92 (commencing with Section 25219.5) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to consumer product safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 708, as amended, Jones-Sawyer. Consumer products: content information.

Existing law regulates the labeling and use of various consumer products, including toys and toxic household products.

Existing law, administered by the Department of Toxic Substances Control, prohibits the management of hazardous waste, except in accordance with the hazardous waste laws or the regulations adopted by the department. A violation of these laws is a crime.

This bill would, commencing July 1, 2016, begin delete prohibit the manufacture, sale at the wholesale or retail level, or distribution of certain consumer products unless the manufacturer (1) discloses end delete begin insert require the manufacturer of designated consumer products for retail sale in this state to disclose end insert each ingredient contained in the product begin delete by posting that information end delete on the product begin delete label and end delete begin insert label, post the product ingredient information end insert on the manufacturer’s Internet Web begin delete site, as prescribed, and (2) provides end delete begin insert site, and provide end insert the begin insert Internet end insert Web site and page address on the product label, along with a prescribed statement. By creating a new crime, 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 1.  

Article 10.92 (commencing with Section 25219.5)
is added to Chapter 6.5 of Division 20 of the Health and Safety
Code, to read:

 

Article 10.92.  Chemically Formulated Consumer Products

 

25219.5.  

For purposes of this article, the following definitions
shall apply:

(a) “Chemically formulated consumer product” means a
consumer product that is manufactured from chemicals or chemical
compounds to be used by household, institutional, commercial,
and industrial consumers without further processing for specific
purposes. For the purposes of this subdivision, dilution by the
consumer is not considered further processing.

(b) “Consumer product” has the same meaning as is specified
in subdivision (e) of Section 25251.

(c) “Designated consumer product” means any product included
in the following categories:

(1) “Air care product” means a chemically formulated consumer
product designed, or labeled to indicate that the purpose of the
product is, begin delete for masking odors, end delete begin insert to mask odors end insert or begin delete for freshening,
cleaning, scenting, or deodorizing end delete begin insert to freshen, clean, scent,
deodorize end insert the air.

(2) “Automotive product” means a chemically formulated
consumer product designed, or labeled to indicate that the purpose
of the product is, to maintain the appearance of a motor vehicle,
as defined in Section 670 of the Vehicle Code, including products
for washing, waxing, polishing, cleaning, or treating the exterior
or interior surfaces of motor vehicles. “Automotive product” does
not include automotive paint or paint repair products.

(3) “Cleaning product” means a soap, detergent, or other
chemically formulated consumer product designed, or labeled to
indicate that the purpose of the product is, to clean or disinfect
surfaces, including, but not limited to, floors, furniture, countertops,
showers and baths, or other hard surfaces, such as stovetops,
microwaves, and other appliances, fabric care, or dish or other
ware washing.

(4) “Polish or floor maintenance product” means a chemically
formulated consumer product, such as polish, wax, or a restorer,
designed, or labeled to indicate that the purpose of the product is,
to polish, protect, buff, condition, temporarily seal, or maintain
furniture, floors, metal, leather, or other surfaces.

(d) “Ingredient” means a chemical in a designated consumer
product.

(e) “Manufacturer” means a person or entity that manufactures,
assembles, produces, packages, repackages, or relabels a designated
consumer product that is sold, distributed, or used in this state.

25219.52.  

begin delete Commencing July 1, 2016, no designated consumer
product may be manufactured, sold at the wholesale or retail level,
or otherwise distributed in this state unless the manufacturer
discloses end delete begin insert The manufacturer of a designated consumer product end insert
begin insert manufactured after July 1, 2016, for retail sale in this state, shall
disclose end insert each ingredient contained in the product on the product
begin delete label and by posting end delete begin insert label, post end insert the product ingredient information
on the manufacturer’s Internet Web begin delete site and provides the end delete begin insert site, and
provide the Internet end insert Web site and page address on the label of the
designated product along with a statement directing the consumer
to the Internet Web site for information concerning ingredients
contained in the product.

25219.54.  

(a) For purposes of disclosing each ingredient
contained in the designated consumer product on the product label,
the ingredients begin insert present at concentrations of more than end insert begin insert 1 percent end insert
shall be listed in order of weight, as measured by the ingredient’s
percentage weight of the total weight of all ingredients in the
product. begin insert Ingredients present at concentrations of end insert begin insert 1 percent or less
may be listed in any order. end insert The manufacturer is not required to
list the weight of an ingredient in the product.

(b) (1)  begin delete For purposes of disclosing each ingredient contained in
the designated consumer product on the manufacturer’s Internet
Web site, ingredients end delete begin insert Ingredients end insert in a designated consumer product
shall be identified by the Chemical Abstract Service (CAS) number
and either the Consumer Specialty Products Association Consumer
Product Ingredients Dictionary (CSPA dictionary) begin delete name, if and
when the dictionary is made accessible to the public, end delete begin insert name end insert or the
International Nomenclature Cosmetic Ingredient (INCI) name. If
there is not a CSPA dictionary name or INCI name, then the
ingredients in a designated consumer product shall be identified
by the CAS number and the International Union of Pure and
Applied Chemistry (IUPAC) name. If there is no CSPA dictionary
name, INCI name, or IUPAC name, then the product shall be
identified by the CAS number and common chemical name.

(2) In identifying the ingredient name, the manufacturer shall
also identify which of the nomenclature references were used for
ingredient identification.

(3) Each ingredient shall have an explanation of its purpose for
being in the designated consumer begin delete product. end delete begin insert product on the
manufacturer’s Internet Web site. end insert

begin insert

(c) Information required pursuant to this section shall be in a
type size no smaller than 6-point.

end insert

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.