Amended in Assembly September 11, 2015

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 BillNo. 708


Introduced by Assembly Member Jones-Sawyer

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(Coauthor: Assembly Member McCarty)

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(Coauthors: Senators Leno and Pavley)

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February 25, 2015


An act to add Chapter 13 (commencing with Section 108950) to Part 3 of Division 104 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.

This bill would, commencing January 1, 2017, require the manufacturer ofbegin delete designated consumerend deletebegin insert cleaningend insert products for retail sale in this state to disclosebegin delete the ingredientsend deletebegin insert each ingredientend insert contained in the product on the product label, as specified, post the product ingredient information and certain additional informationbegin delete about any potential health impactsend delete 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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Chapter 13 (commencing with Section 108950)
2is added to Part 3 of Division 104 of the Health and Safety Code,
3to read:

4 

5Chapter  13. Chemically Formulated Consumer Products
6

 

7

108950.  

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

9(a) “Chemically formulated consumer product” means a
10consumerbegin delete productend deletebegin insert product, as defined in subdivision (e) of Section
1125251, but excluding home appliances,end insert
that is manufactured from
12chemicals or chemical compounds to be used by household,
13institutional, commercial, and industrial consumers without further
14processing for specific purposes. For the purposes of this
15subdivision, dilution by the consumer is not considered further
16processing.

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17(b) “Consumer product” has the same meaning as is specified
18in subdivision (e) of Section 25251, but does not include home
19appliances.

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20(c) “Designated consumer

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21begin insert(b)end insertbegin insertend insertbegin insert“Cleaningend insert product” means any product included in the
22following categories:

23(1) “Air care product” means a chemically formulated consumer
24product designed, or labeled to indicate that the purpose of the
25product is, to mask odors or to freshen, clean, scent,begin insert orend insert deodorize
26the air.

27(2) “Automotive product” means a chemically formulated
28consumer product designed, or labeled to indicate that the purpose
29of the product is, to maintain the appearance of a motor vehicle,
30as defined in Section 670 of the Vehicle Code, including products
31for washing, waxing, polishing, cleaning, or treating the exterior
32or interior surfaces of motor vehicles. “Automotive product” does
33not include automotive paint or paint repair products.

34(3) begin delete“Cleaning end deletebegin insert“General cleaning end insertproduct” means a soap,
35detergent, or other chemically formulated consumer product
P3    1designed, or labeled to indicate that the purpose of the product is,
2to clean or disinfect surfaces, including, but not limited to, floors,
3furniture, countertops, showers and baths, or other hard surfaces,
4such as stovetops, microwaves, and other appliances, fabric care,
5or dish or other ware washing.

6(4) “Polish or floor maintenance product” means a chemically
7formulated consumer product, such as polish, wax, or a restorer,
8designed, or labeled to indicate that the purpose of the product is,
9to polish, protect, buff, condition, temporarily seal, or maintain
10furniture, floors, metal, leather, or other surfaces.

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11(d)

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12begin insert(c)end insert “Ingredient” means a chemical in abegin delete designated consumerend delete
13begin insert cleaningend insert product.

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14(e)

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15begin insert(d)end insert “Manufacturer” means a person or entity that manufactures,
16assembles, produces, packages, repackages, or relabels abegin delete designated
17consumerend delete
begin insert cleaningend insert product that is sold or used in this state.

18

108952.  

The manufacturer of abegin delete designated consumerend deletebegin insert cleaningend insert
19 product manufactured after January 1, 2017, for retail sale in this
20state, shall disclose each ingredient contained in the product on
21the product label, post the product ingredient information on the
22manufacturer’s Internet Web site, and provide the Internet Web
23site and page address on the label of thebegin delete designatedend deletebegin insert cleaningend insert
24 product along with a statement directing the consumer to the
25Internet Web site for information concerning ingredients contained
26in the product.begin insert Each ingredient shall have an explanation of its
27purpose for being in the cleaning product on the manufacturer’s
28Internet Web site.end insert

29

108954.  

(a) begin insert(1)end insertbegin insertend insertFor purposes of disclosing each ingredient
30contained in thebegin delete designated consumerend deletebegin insert cleaningend insert product on the
31product label, the 20 mostbegin delete prevalentend deletebegin insert predominantend insert ingredients shall
32be listedbegin delete in order of weight, as measured by the ingredient’s
33percentage weight of the total weight of all ingredients in the
34product.end delete
begin insert in descending order.end insert If there are more than 20 ingredients,
35the label shallbegin insert alsoend insert statebegin delete the number of remaining ingredients and
36that they areend delete
begin insert that a listing of all ingredients isend insert available at the
37manufacturer’s Internet Webbegin delete site, except that ifend deletebegin insert site.end insert

38begin insert(2)end insertbegin insertend insertbegin insertIn addition to paragraph (1), ifend insert the product contains any
39additional ingredient listed on the informational list of candidate
40chemicals posted on the Internet Web site of the department
P4    1pursuant to Section 69502.3 of Title 22 of the California Code of
2Regulations, that ingredient shall be listed on thebegin delete label. Theend deletebegin insert label
3in descending order of predominance.end insert

4begin insert(3)end insertbegin insertend insertbegin insertTheend insert manufacturer is not required to list the weight of an
5ingredient in thebegin delete product.end deletebegin insert product on the label or the
6manufacturer’s Internet Web site.end insert

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7(4) Notwithstanding any other provision of this subdivision, an
8ingredient present at a concentration of not more than 1 percent
9may be listed without respect to order of predominance.

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10(b) (1) Ingredients in a designated consumer product shall be
11identified by the Chemical Abstract Service (CAS) number and
12either the Consumer Specialty Products Association Consumer
13Product Ingredients Dictionary (CSPA dictionary) name or the
14International Nomenclature Cosmetic Ingredient (INCI) name. If
15there is not a CSPA dictionary name or INCI name, then the
16ingredients in a designated consumer product shall be identified
17by the CAS number and the International Union of Pure and
18Applied Chemistry (IUPAC) name. If there is no CSPA dictionary
19name, INCI name, or IUPAC name, then the product shall be
20identified by the CAS number and common chemical name.

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21(2) In identifying the ingredient name, the manufacturer shall
22also identify which of the nomenclature references were used for
23ingredient identification.

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24(3) Each ingredient shall have an explanation of its purpose for
25being in the designated consumer product on the manufacturer’s
26Internet Web site.

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27(b) (1) An ingredient shall be listed by its Consumer Specialty
28Products Association (CSPA) Consumer Product Ingredients
29Dictionary name. If a CSPA Consumer Product Ingredients
30Dictionary name is not available, an ingredient shall be listed by
31its International Nomenclature Cosmetic Ingredient (INCI) name.
32If an INCI name is also not available, an ingredient shall be listed
33by its International Union of Pure and Applied Chemistry (IUPAC)
34name. If an IUPAC name is also not available, an ingredient shall
35be listed by its common chemical name and the Chemical Abstract
36Service (CAS) number.

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37(2) The CAS number of an ingredient need only be included on
38the ingredient list provided on the manufacturer’s Internet Web
39site.

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P5    1(c) If the product contains a chemical listed on the informational
2list of candidate chemicals posted on the Internet Web site of the
3department pursuant to Section 69502.3 of Title 22 of the
4California Code of Regulations, the manufacturer shall post on its
5Internet Web site a statement that additional information about
6any potential health impacts of the ingredients may be obtained
7from the Internet Web sites for the following and shall post a link
8to the Internet Web sites:

9(1) The informational list of candidate chemicals posted on the
10Internet Web site of the department pursuant to Section 69502.3
11of Title 22 of the California Code of Regulations.

12(2) The Household Products Database of the National Library
13of Medicine.

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14(d) The manufacturer shall update its product labels, if
15necessary, no later than one year after a new chemical is added
16to the list of candidate chemicals posted on the Internet Web site
17of the department pursuant to Section 69502.3 of Title 22 of the
18California Code of Regulations.

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