BILL NUMBER: AB 708 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2015
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,
January 1, 2017, require the manufacturer of designated
consumer products for retail sale in this state to disclose
each ingredient the ingredients contained in the
product on the product label, label, as
specified, post the product ingredient information and
certain additional information about any potential health impacts
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:
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. 25251, but
does not include home appliances.
(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, to mask odors or 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,
sold or used in this state.
25219.52. The manufacturer of a designated consumer product
manufactured after July 1, 2016, January 1,
2017, for retail sale in this state, shall disclose each
ingredient contained in the product on the product label, post the
product ingredient information on the manufacturer's Internet Web
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 20 most prevalent ingredients 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. If there are more than 20
ingredients, the label shall state the number of remaining
ingredients and that they are available at the manufacturer's
Internet Web site, except that if the product contains any additional
ingredient listed on the informational list of candidate chemicals
posted on the Internet Web site of the department pursuant to Section
69502.3 of Title 22 of the California Code of Regulations, that
ingredient shall be listed on the label. The manufacturer is
not required to list the weight of an ingredient in the product.
(b) (1) 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 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 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.
(c) If the product contains a chemical listed on the informational
list of candidate chemicals posted on the Internet Web site of the
department pursuant to Section 69502.3 of Title 22 of the California
Code of Regulations, the manufacturer shall post on its Internet Web
site a statement that additional information about any potential
health impacts of the ingredients may be obtained from the Internet
Web sites for the following and shall post a link to the Internet Web
sites:
(1) The informational list of candidate chemicals posted on the
Internet Web site of the department pursuant to Section 69502.3 of
Title 22 of the California Code of Regulations.
(2) The Household Products Database of the National Library of
Medicine.
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.