BILL ANALYSIS Ó
AB 708
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ASSEMBLY THIRD READING
AB
708 (Jones-Sawyer)
As Amended January 27, 2016
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, Eggman, |Bigelow, Chang, |
| | |Eduardo Garcia, |Gallagher, Jones, |
| | |Gordon, Holden, |Wagner |
| | |Quirk, Rendon, Weber | |
| | | | |
| | | | |
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SUMMARY: Requires the manufacturer of a cleaning product
manufactured after January 1, 2017, for retail sale in
California, to disclose a full list of the product ingredients
on the manufacturer's Web site, as specified, and requires the
manufacturer to include a specified statement regarding any
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ingredient found on the list of candidate chemicals, as
specified. Specifically, this bill:
1)Defines a "chemically formulated consumer product" to mean a
product or part of the product that is used, brought, or
leased for use by a person for any purpose, excluding home
appliances, 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 "cleaning 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) "General 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,
d) "Polish or floor maintenance product" means a chemically
formulated consumer product, such as polish, wax, or a
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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.
3)Defines an "incidental ingredient" to mean a contaminant in or
on feedstock, water, or processing equipment, or byproducts or
intermediates unintentionally introduced during formulation,
that are present at a level of 25 parts per million or more
and have no technical or functional effect in the finished
cleaning product.
4)Defines "ingredient" to mean a chemical intentionally added to
a cleaning product or the intentional breakdown product of a
chemical that has an effect on the cleaning product and
specifies that "ingredient" does not include an incidental
ingredient.
5)Defines a "manufacturer" to mean "a person or entity that
manufactures, assembles, produces, packages, repackages, or
relabels a cleaning product that is sold, distributed, or used
in this state."
6)Requires the manufacturer of a cleaning product manufactured
after January 1, 2017, for retail sale in this state, to
disclose each ingredient contained in the product on the
manufacturer's Internet Web site, and provide the Internet Web
site and page address on the label of the cleaning product
along with a statement directing the consumer to the Internet
Web site for a full list of ingredients contained in the
product.
7)Requires the ingredients disclosed on the manufacturers' Web
site to be listed in descending order of predominance.
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8)States that manufacturers do not have to list the weight of
any ingredient in the product on the label or on the Web site,
and ingredients present at a concentration of not more than 1%
may be listed without respect to order of predominance after
the ingredients present at a concentration of more than 1%.
9)Requires ingredients to be listed by their Consumer Specialty
Product Association (CSPA) Consumer Product Ingredients
Dictionary name, or where this is not available, their
International Nomenclature Cosmetic Ingredient (INCI) name, or
where this not available, their International Union of Pure
and Applied Chemistry (IUPAC) name, or where this is not
available, the common chemical name and the Chemical Abstract
Service (CAS) number.
10)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:
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 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.)
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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.)
EXISTING STATE 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
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)
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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,
"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
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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 January 1, 2017, this bill will require designated
consumer cleaning products manufactured for sale in California
to include on the product label, a link to the manufacturer's
Web site where consumers will be able to find the relevant list
of product ingredients.
Similar Federal Legislation. In 2014, 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
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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 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
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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 the manufacturer's Web site, by phone, or some
other electronic means. This bill would require that
ingredients are to be posted on 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
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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 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 cleaning 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 DPH all products sold in California on or after
January 1, 2007, which contain ingredients known or suspected to
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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 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
full list of the product's ingredients on the manufacturer's Web
site.
Analysis Prepared by:
Elissa Silva / B. & P. / (916) 319-3301 FN:
0002605
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