BILL NUMBER: AB 708 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2015
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, prohibit the
manufacture, sale at the wholesale or retail level, or distribution
of certain consumer products unless the manufacturer (1) discloses
require the manufacturer of designated consumer
products for retail sale in this state to disclose
each ingredient contained in the product by posting that
information on the product label and
label, post the product ingredient information on the
manufacturer's Internet Web site, as prescribed, and (2)
provides site, and provide the Internet
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, for masking odors, to mask odors
or for freshening, cleaning, scenting, or deodorizing
to freshen, clean, scent, deodorize 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. 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 The manufacturer of a
designated consumer product manufactured after July 1,
2016, for retail sale in this state, shall disclose each
ingredient contained in the product on the product label and
by posting label, post the product ingredient
information on the manufacturer's Internet Web site and
provides the site, and provide the Internet 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 present at concentrations of more than
1 percent 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. Ingredients present at
concentrations of 1 percent or less may be
listed in any order. The manufacturer is not required to list
the weight of an ingredient in the product.
(b) (1) For purposes of disclosing each ingredient
contained in the designated consumer product on the manufacturer's
Internet Web site, ingredients Ingredients 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) name, if and when the dictionary is made
accessible to the public, name 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 product.
product on the manufacturer's Internet Web site.
(c) Information required pursuant to this section shall be in a
type size no smaller than 6-point.
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.