BILL ANALYSIS Ó
AB 708
Page 1
ASSEMBLY THIRD READING
AB
708 (Jones-Sawyer)
As Amended June 2, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+---------------------+---------------------|
|Business & |8-6 |Bonilla, Bloom, |Jones, Baker, Chang, |
|Professions | |Burke, Eggman, |Dodd, Gatto, Wilk |
| | |Holden, Mullin, | |
| | |Ting, Wood | |
| | | | |
|----------------+------+---------------------+---------------------|
|Appropriations |9-5 |Gomez, Bonta, |Bigelow, Chang, |
| | |Eggman, Eduardo |Gallagher, Jones, |
| | |Garcia, Gordon, |Wagner |
| | |Holden, Quirk, | |
| | |Rendon, Weber | |
| | | | |
| | | | |
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SUMMARY: Requires the manufacturer of a designated consumer
product manufactured after July 1, 2017, for retail sale in
California, to disclose the 20 most prevalent ingredients
contained in the product on the product label and on the
manufacturer's Web site, as specified, including information if
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the product has more than 20 ingredients, and requires the
manufacturer to list any ingredient found on the list of candidate
chemicals, as specified, on the product label. Specifically, this
bill:
1)Defines a "chemically formulated consumer product" to mean 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 where dilution by the consumer is not considered
further processing.
2)Defines a "consumer product" as a product or part of the product
that is used, brought, or leased for use by a person for any
purposes, as specified, but does not include home appliances.
3)Defines "designated consumer product" to mean any product
included in the following categories:
a) "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 or
deodorize the air;
b) "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 specified, including products for washing,
waxing, polishing, cleaning, or treating the exterior or
interior surfaces of motor vehicles, but does not include
automotive paint or paint repair products;
c) "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; and,
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d) "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.
4)Defines "ingredient" to mean "a chemical in a designated
consumer product."
5)Defines a "manufacturer" to mean "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."
6)Requires the manufacturer of a designated consumer product
manufactured after July 1, 2017, for retail sale in this state,
to disclose each ingredient contained in the product on the
product label and 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.
7)Requires the 20 most prevalent ingredients contained in the
designated consumer product to be listed on the product label in
order of weight, as measured by the ingredient's percentage
weight of the total weight of all ingredients in the product.
8)Specifies that if there are more than 20 ingredients, the label
must state the number of remaining ingredients and that they are
available at the manufacture's Internet Web site, except that if
the product contains any additional ingredient listed on the
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informational list of candidate chemicals posted on the Internet
Web site of the Department of Toxic Substances Control (DTSC),
as specified, that ingredient must be listed on the label.
9)States that manufacturers do not have to list the weight of any
ingredient in the product.
10)Requires ingredients in a designated consumer product to be
identified by the Chemical Abstract Service (CAS) number and
either the Consumer Specialty Products Association (CSPA)
Consumer Product Ingredients Dictionary name or the
International Nomenclature Cosmetic Ingredient name, and if
there is no specified name, requires the ingredients to be
identified by the CAS number and the International Union of Pure
Applied Chemistry name, and if those names are not available,
requires the product to be identified by the CAS number and
common chemical name.
11)Requires the manufacturer, when identifying an ingredient name,
to also identify which of the nomenclature references were used
for ingredient identification.
12)Requires each ingredient to have an explanation and purpose for
being on the designated consumer product on the manufacturer's
Internet Web site.
13)Requires a manufacturer to provide a statement on their Web
site, if the product contains a chemical listed on the
informational list of candidate chemicals posted on the DTSC
Internet Web site, as specified, that additional information
about any potential health impacts of the ingredients may be
obtained from the Internet Web sites for the following, along
with the link to the Internet Web sites:
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a) The informational list of candidate chemicals posted on
the Internet Web site of the DTSC, as specified; and,
b) The Household Products Database of the National Library of
Medicine.
EXISTING LAW:
Federal Law
1)Establishes the Federal Food, Drug, and Cosmetic Act, giving
authority to the United States Food and Drug Administration
(FDA) to oversee the safety of food, drugs, and cosmetics. (21
United States Code (U.S.C.) Section 301 et seq.)
2)Establishes the Fair Packaging and Labeling Act (FPLA) which
directs the Federal Trade Commission and the FDA to issue
regulations requiring all "consumer commodities" be labeled to
disclose net contents, identity of commodity, and name and place
of business of the product's manufacturer, packer, or
distributor. (15 U.S.C. Section 1451 et seq.)
3)Establishes the Toxic Substances Control Act which granted the
Federal Environmental Protection Agency the authority to create
a regulatory framework to collect data on chemicals in order to
evaluate, assess, mitigate, and control risks that may be posed
by their manufacture, processing, and use. (15 U.S.C. Section
2601 et seq.)
California Law
1)Establishes the California Safe Cosmetic Act (CSCA) of 2005,
which requires the manufacturer, packer, or distributor named on
a product label to provide to the California Safe Cosmetics
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Program in the Department of Public Health (DPH) a list of all
cosmetic products that contain any ingredients known or
suspected to cause cancer, birth defects, or other reproductive
harm. (Health and Safety Code (HSC) Section 111791 et seq.)
2)Requires the DTSC on or before January 1, 2011, to adopt
regulations to establish a process to identify and prioritize
those chemicals or chemical ingredients in consumer products
that may be considered as being a chemical of concern, as
specified, and requires the DTSC to establish an identification
and prioritization process that includes, but is not limited to,
all of the following considerations: the volume of the chemical
in commerce in this state; the potential for exposure to the
chemical in a consumer product; and the potential effects on
sensitive subpopulations, including infants and children. (HSC
Section 25252)
Establishes the Safe Drinking Water and Toxic Enforcement Act of
1986, (Proposition 65), which requires the state to publish a
list of chemicals known to cause cancer or birth defects or
other reproductive harm and must be updated at least once a
year. (HSC Section 25249.5 et seq.)
FISCAL EFFECT: According to the Assembly Appropriations
Committee, annual costs to the DTSC of approximately $500,000 to
$800,000 to enforce the provisions of this bill. Although this
bill does not require DTSC to enforce its provisions, DTSC assumes
it is required to enforce this bill because of the Health and
Safety Code in which the bill is placed, which includes
enforcement authority for DTSC.
COMMENTS:
Purpose. This bill is sponsored by the Environmental Working
Group and the Breast Cancer Fund. According to the author,
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"Cleaning product manufacturers through advertisements encourage
consumers and business owners to keep their homes and workplaces
clean and fresh using their products. But what isn't well known
is that our culture for cleaning leads to frequent and repeated
exposure to toxic chemicals that may harm Californians. However,
unlike food, cosmetics, and drugs, most cleaning product
manufacturers are not required to disclose ingredients. Absent
any state mandate for ingredient disclosure, consumers are left
in the dark when it comes to purchasing cleaning products they
feel are safe for them, their families, or their workers."
"Disproportionately low-wage workers, women, immigrants, and
people of color work in much needed service industries that
require complex and often hazardous cleaning solutions. However,
all ingredients are not always listed on the labels. [This bill]
would require that manufacturers clearly identify ingredients in
common household products, particularly cleaning products, air
care products, automotive products, and floor maintenance
products. By being open and transparent, consumers can make an
informed choice about the types of products they want to buy and
use in their households and local businesses."
Background. This bill is specifically targeting "cleaning
products," including commercial and consumer-household products,
which are not required to disclose product ingredients under
current disclosure laws, unlike personal care products and food.
Beginning July 1, 2017, this bill will require designated consumer
cleaning products manufactured for sale in California to include a
list of the product's 20 most prevalent ingredients on the product
label along with a link to the manufacturer's Web site where
consumers will also be able to find the relevant list of product
ingredients. If there are more than 20 ingredients in a product,
the product label must include the number of additional
ingredients and state that the remaining ingredients are available
on the manufacturer's Web site. In addition, this bill requires
the manufacturer's to include on the product label, any of those
chemicals that are found the DTSC's candidate chemical list.
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Similar Federal Legislation. Last year, New York Representative
Steve Israel introduced the "Cleaning Product Right to Know Act of
2014," which would have required a cleaning product manufactured
or offered for sale, distributed in commerce, or imported into the
United States to bear a label listing each of its ingredients and
would have allowed the Consumer Product Safety Commission
(Commission) to exempt certain products from labeling
requirements, including those ingredients found at such a low
level detection is not technically possible, or providing
five-year exemption periods for ingredients that a manufacturer
would deem to be a trade secret. In addition, the legislation
would have required the manufacturer to make available on its Web
site a complete list of ingredients, among other provisions.
However, the federal legislation did not move, and according to
the author's office there is not a similar federal law pending.
Need for Product Label Disclosures. A 2011 study, Dirty Secrets:
What's Hiding in Your Cleaning Products?, commissioned by Women's
Voices for the Earth, conducted an independent laboratory review
of many household cleaning products and reported that some of the
ingredients in common household products contain reproductive
toxins and allergens, yet none of those chemicals were listed on
the product's ingredient label. Further, the Environmental
Working Group created a "Guide to Healthy Cleaning," which
reviewed the chemical ingredients of many cleaning products, and
noted, "Its researchers discovered that it took hard work to find
out what potentially toxic chemicals were in them. Unlike
manufacturers of cosmetics and personal care products, companies
that make cleaning products are not required to list the
ingredients they put in their formulations on the package, bottle
or box? just seven percent of cleaning products adequately
disclosed their contents."
Further, the Work-Related Asthma Prevention Program, established
at the Department of Public Health, tracks information about
workers with asthma in California, and helps workers avoid getting
asthma from their job. The program reported that nearly 10% of
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all work-related asthma cases were caused by exposure to cleaning
products. Most of these cases had new asthma that started only
after they began work - implying that the exposures caused their
asthma. The program also reported that about one in five people
(almost 20%) used cleaning products directly, such as janitors.
The other 80% of workers attributed their asthma symptoms to
cleaning products used nearby. Many workplaces, like schools,
hospitals, and restaurants are places where everyone, including
children, can be affected by cleaning products.
Federal law requires employers to make available to workers and
their representatives Safety Data Sheets (SDSs) (formerly known as
Material Safety Data Sheets or MSDSs) for each substance which
provides detailed information about chemical hazards, their
effects, how to prevent exposure and emergency treatment if an
exposure occurs. However, the SDSs are not required to disclose
all chemicals contained in the product. While many household
consumer products have SDSs for some of their products, such as
Proctor and Gamble's Tide products, and Seventh Generation's
products, they are not required for consumer disclosure and
manufacturers are not required to disclose all of the products'
ingredients. In addition, not all SDSs are easy to access and
they are not required to be provided in a standardized format
across manufacturers.
Voluntary Ingredient Disclosures. As part of a voluntary effort
undertaken by industry representatives, the Consumer Product
Ingredient Initiative provides a framework for industry members to
comply with voluntary ingredient disclosure. According to the
CSPA, the industry-led initiative will help consumers make more
informed choices about the products they use in and around their
homes. Member companies, working with other industry trade
organizations, developed the initiative for four product
categories, including: 1) air care, 2) automotive care, 3)
cleaning, and 4) polish and floor maintenance products. However,
the voluntary initiative suggests that participating groups have
the option to provide the ingredient list on the product label, on
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the manufacturer's Web site, by phone, or some other electronic
means. This bill would require that ingredients are to be posted
on both the product label and the manufacturer's Web site.
As noted by the author, there are a number of companies who are
complying with the voluntary initiative by making product
ingredient information available to consumers. However, it is
unclear the number of participating companies who comply with the
voluntary initiative as there is no a formal list of participants.
Concerns have been raised with the voluntary program as it is not
consistent amongst companies, because ingredients may be disclosed
over the phone, via a Web site or on the product label directly.
Further, because it is voluntary, companies could chose to omit
certain ingredients. Lastly, voluntary ingredient disclosures
don't always contain the product ingredients contained in the
various "fragrances" which are related to a products unique smell.
According to some industry groups, the chemical elements of
"fragrances" are often considered proprietary information or
"trade secrets." This bill does not require a manufacturer to
list the weight of an ingredient in the product.
Federal Regulations. Federal laws regulate numerous consumer
products. Regulations are done through a diverse array of federal
regulatory entities as products are regulated through different
regulatory mandates. For example, the FPLA requires each package
of household consumer commodities that is included under the FPLA
to contain a label which bears a statement identifying the
commodity (like detergent), the name and place of business of the
manufacturer, packer or distributor, and the net quantity of
contents in terms of weight, measure or numerical count. The
Commission is charged with protecting the public from unreasonable
risks of injury or death associated with the use of the thousands
of types of consumer products under the agency's jurisdiction.
The EPA regulates some of the pesticides for sale in the United
States, while the Federal Hazardous Substances Act (Act) requires
precautionary labeling on the immediate container of hazardous
household products to help consumers safely store and use those
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products and to give them information about immediate first aid
steps to take if an accident happens. The Act also allows the
Commission to ban certain products that are so dangerous or if the
nature of the hazard is so severe that labeling is not adequate to
protect consumers. As each regulatory agency has a mission with
respect to consumer products, there is no federal mandate that
requires a household consumer product to list all of its
ingredients. The closest requirements may be found under
pesticide regulations, which have stringent reporting requirements
under the EPA.
California Disclosure Requirements. The CSCA requires
manufacturers, packers, and distributors of cosmetic products to
report to the Department of Public Health (DPH) all products sold
in California on or after January 1, 2007, which contain
ingredients known or suspected to cause cancer, birth defects, or
other reproductive harm, and makes this information available to
the public. However, only those companies making $1 million or
more in aggregate sales of those cosmetic products within and
outside of California are required to report. Subsequently, the
California Safe Cosmetics Program was established to implement the
CSCA.
Food labeling is also required. Certain label information such as
the responsible firm's name and address and ingredient declaration
is required while other information may be voluntarily displayed.
Green Chemistry. AB 1879 (Feuer), Chapter 559, Statutes of 2008,
established the "Green Chemistry" Law. In an effort to provide
better awareness about the ingredients in household products, the
law authorizes and requires the DTSC to adopt regulations to
establish a process to identify and prioritize chemicals in
consumer products and to establish a process for evaluating
chemicals of concern in consumer products and their potential
alternatives. The objective of Green Chemistry is to evaluate
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certain chemicals within consumer products that are known to be of
concern and for DTSC to provide input and make recommendations for
safer alternatives. The Green Chemistry program does not mandate
or specify labeling requirements for consumer products. This bill
does not require or recommend that manufacturers use alternative
products, but instead disclose a specified number of the product's
ingredients on the product label and on the manufacturer's Web
site.
Arguments In Support:
The Environmental Working Group writes in support, "Unlike food
and cosmetic products, current law does not require manufacturers
to disclose the ingredients in cleaning products to consumers or
workers. While some companies are beginning to disclose cleaning
product ingredients, many chemicals remain hidden, particularly
those that are found in fragrances. Consumers who want to make
educated purchases are often in the dark when it comes to how to
purchase safe cleaning products. California's own Department of
Public Health has come out with recommendations for using "green"
cleaning products in schools to help protect children, teachers,
and workers. [This bill] would help everyone discover what is in
their cleaning product so that they can avoid an ingredient that
they know is affecting their health now or in the future."
The Breast Cancer Fund writes in support, "Current law does not
require manufacturers to disclose the ingredients in cleaning
products to consumers or workers. While some companies are
beginning to disclose cleaning product ingredients, many chemicals
remain hidden, particularly those that are found in fragrances.
Consumers who want to make educated purchases are often in the
dark when it comes to how to purchase safe cleaning products."
The Service Employees International Union writes in support,
"[This bill] will give workers the information they need to be
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aware of the risks and dangers associated with handling the
dangerous ingredients in cleaning products."
The California Teamsters Public Affairs Council writes in support,
"The Teamsters support this measure because many of our members
are exposed to cleaning products every day at the worksite.
Despite the evidence that chemical exposure is a serious hazard to
the health and safety of workers, the law does not require
manufacturers to disclose the ingredients of cleaning products on
the label."
Arguments In Opposition:
The California Chamber of Commerce, Alliance of Automobile
Manufacturers, Association of Home Appliance Manufacturers,
American Chemistry Council, American Coatings Association,
California Paint Council, California Pool & Spa Association,
California Manufacturers & Technology Association, California
Retailers Association , Chemical Industry Council of California,
National Federation of Independent Businesses, Pharmaceutical
Researchers and Manufacturers of America (PhRMA), and SPI: The
Plastics Industry Trade Association write in opposition, "One of
the most troubling aspects of [this bill] is that it fails to
provide protection of confidential business information (CBI).
The promise of safer consumer products depends utterly on the
protection of CBI."
The International Fragrance Association, North America, is opposed
unless amended and writes, "IFRA North America's chief concern
with [this bill] is its lack of protections for intellectual
property. Protection of intellectual property is critical to the
success of industries highly invested in research and development
and is recognized and protected under several federal and state
statutes and programs such as the Federal, Food Drug and Cosmetic
Act, [EPA's] Safer Choice Program and the [CSCA]."
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Analysis Prepared by:
Kala Tailor / B. & P. / (916) 319-3301 FN:
0000883