Amended in Assembly April 30, 2015

Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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, commencingbegin delete July 1, 2016,end deletebegin insert January 1, 2017,end insert require the manufacturer of designated consumer products for retail sale in this state to disclosebegin delete each ingredientend deletebegin insert the ingredientsend insert contained in the product on the productbegin delete label,end deletebegin insert label, as specified,end insert post the product ingredient informationbegin insert and certain additional information about any potential health impactsend insert on the manufacturer’s Internet Web 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:

P2    1

SECTION 1.  

Article 10.92 (commencing with Section 25219.5)
2is added to Chapter 6.5 of Division 20 of the Health and Safety
3Code
, to read:

4 

5Article 10.92.  Chemically Formulated Consumer Products
6

 

7

25219.5.  

For purposes of this article, the following definitions
8shall apply:

9(a) “Chemically formulated consumer product” means a
10consumer product that is manufactured from chemicals or chemical
11compounds to be used by household, institutional, commercial,
12and industrial consumers without further processing for specific
13purposes. For the purposes of this subdivision, dilution by the
14consumer is not considered further processing.

15(b) “Consumer product” has the same meaning as is specified
16in subdivision (e) of Sectionbegin delete 25251.end deletebegin insert 25251, but does not include
17home appliances.end insert

18(c) “Designated consumer product” means any product included
19in the following categories:

20(1) “Air care product” means a chemically formulated consumer
21product designed, or labeled to indicate that the purpose of the
22product is, to mask odors or to freshen, clean, scent, deodorize the
23air.

24(2) “Automotive product” means a chemically formulated
25consumer product designed, or labeled to indicate that the purpose
26of the product is, to maintain the appearance of a motor vehicle,
27as defined in Section 670 of the Vehicle Code, including products
28for washing, waxing, polishing, cleaning, or treating the exterior
29or interior surfaces of motor vehicles. “Automotive product” does
30not include automotive paint or paint repair products.

P3    1(3) “Cleaning product” means a soap, detergent, or other
2chemically formulated consumer product designed, or labeled to
3indicate that the purpose of the product is, to clean or disinfect
4surfaces, including, but not limited to, floors, furniture, countertops,
5showers and baths, or other hard surfaces, such as stovetops,
6microwaves, and other appliances, fabric care, or dish or other
7ware washing.

8(4) “Polish or floor maintenance product” means a chemically
9formulated consumer product, such as polish, wax, or a restorer,
10designed, or labeled to indicate that the purpose of the product is,
11to polish, protect, buff, condition, temporarily seal, or maintain
12furniture, floors, metal, leather, or other surfaces.

13(d) “Ingredient” means a chemical in a designated consumer
14product.

15(e) “Manufacturer” means a person or entity that manufactures,
16assembles, produces, packages, repackages, or relabels a designated
17consumer product that isbegin delete sold, distributed,end deletebegin insert soldend insert or used in this state.

18

25219.52.  

The manufacturer of a designated consumer product
19manufactured afterbegin delete July 1, 2016,end deletebegin insert January 1, 2017,end insert for retail sale
20in this state, shall disclose each ingredient contained in the product
21on the product label, post the product ingredient information on
22the manufacturer’s Internet Web site, and provide the Internet Web
23site and page address on the label of the designated product along
24with a statement directing the consumer to the Internet Web site
25for information concerning ingredients contained in the product.

26

25219.54.  

(a) For purposes of disclosing each ingredient
27contained in the designated consumer product on the product label,
28 thebegin delete ingredients present at concentrations of more than 1 percentend delete
29begin insert 20 most prevalent ingredientsend insert shall be listed in order of weight,
30as measured by the ingredient’s percentage weight of the total
31weight of all ingredients in the product. begin delete Ingredients present at
32concentrations of 1 percent or less may be listed in any order.end delete
begin insert If
33there are more than 20 ingredients, the label shall state the number
34of remaining ingredients and that they are available at the
35manufacturer’s Internet Web site, except that if the product
36contains any additional ingredient listed on the informational list
37of candidate chemicals posted on the Internet Web site of the
38department pursuant to Section 69502.3 of Title 22 of the
39California Code of Regulations, that ingredient shall be listed on
P4    1the label.end insert
The manufacturer is not required to list the weight of an
2ingredient in the product.

3(b) (1) Ingredients in a designated consumer product shall be
4identified by the Chemical Abstract Service (CAS) number and
5either the Consumer Specialty Products Association Consumer
6Product Ingredients Dictionary (CSPA dictionary) name or the
7International Nomenclature Cosmetic Ingredient (INCI) name. If
8there is not a CSPA dictionary name or INCI name, then the
9ingredients in a designated consumer product shall be identified
10by the CAS number and the International Union of Pure and
11Applied Chemistry (IUPAC) name. If there is no CSPA dictionary
12name, INCI name, or IUPAC name, then the product shall be
13identified by the CAS number and common chemical name.

14(2) In identifying the ingredient name, the manufacturer shall
15also identify which of the nomenclature references were used for
16ingredient identification.

17(3) Each ingredient shall have an explanation of its purpose for
18being in the designated consumer product on the manufacturer’s
19Internet Web site.

begin delete

20(c) Information required pursuant to this section shall be in a
21type size no smaller than 6-point.

end delete
begin insert

22(c) If the product contains a chemical listed on the informational
23list of candidate chemicals posted on the Internet Web site of the
24department pursuant to Section 69502.3 of Title 22 of the
25California Code of Regulations, the manufacturer shall post on
26its Internet Web site a statement that additional information about
27any potential health impacts of the ingredients may be obtained
28from the Internet Web sites for the following and shall post a link
29to the Internet Web sites:

end insert
begin insert

30(1) The informational list of candidate chemicals posted on the
31Internet Web site of the department pursuant to Section 69502.3
32of Title 22 of the California Code of Regulations.

end insert
begin insert

33(2) The Household Products Database of the National Library
34of Medicine.

end insert
35

SEC. 2.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P5    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



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