Amended in Assembly June 2, 2015

Amended in Assembly April 30, 2015

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 begin delete Article 10.92 (commencing with Section 25219.5) to Chapter 6.5 of Division 20 end delete begin insert Chapter 13 (commencing with Section 108950) to Part 3 of Division 104 end insert 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.

begin delete

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.

end delete

This bill would, commencing January 1, 2017, require the manufacturer of designated consumer products for retail sale in this state to disclose the ingredients contained in the product on the product 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. begin delete By creating a new crime, this bill would impose a state-mandated local program. end delete

begin delete

  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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 13 (commencing with Section 108950)
is added to Part 3 of Division 104 of the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

 

Chapter   begin insert 13. end insert Chemically Formulated Consumer Products

 

begin insert 108950. end insert   

For purposes of this chapter, 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, 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 or used in this state.

begin insert 108952. end insert   

The manufacturer of a designated consumer product
manufactured after 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.

begin insert 108954. end insert   

(a) For purposes of disclosing each ingredient
contained in the designated consumer product on the product label,
the 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. 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) 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.

end insert

begin delete

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, 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 or used in this state.

25219.52.  

The manufacturer of a designated consumer product
manufactured after 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 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. 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) 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.

end delete