California Legislature—2015–16 Regular Session

Assembly Bill No. 2125

Introduced by Assembly Member Chiu

February 17, 2016

An act to add Chapter 14 (commencing with Section 108960) to Part 3 of Division 104 of the Health and Safety Code, relating to nail salons.

LEGISLATIVE COUNSEL’S DIGEST

AB 2125, as introduced, Chiu. Healthy Nail Salon Recognition Program.

Existing law regulates the existence of, and disclosure of, specified chemicals and components in consumer products, including phthalates and bisphenol A. Existing law also provides for the licensing and regulation of nail salons and manicurists by the Department of Consumer Affairs.

This bill would require the State Department of Public Health to publish guidelines for cities, counties, and city and counties to implement local healthy nail salon recognition (HNSR) programs with specified criteria for nail salons, including the use of less toxic nail polishes and polish removers and improved ventilation. The bill would also require the department to develop awareness campaigns, model ordinances for local governments, and post specified information on its Internet Web site.

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) According to the State Board of Barbering and Cosmetology,
there are 98,613 licensed manicurists, and 41,830 licensed business
establishments providing manicure services. There are 253,571
licensed cosmetologists, many of whom work as nail salon
technicians.

(b) Beauty care workers, including cosmetologists and
manicurists, are highly exposed to the potential harm of
carcinogens and reproductive toxins in cosmetics. Cosmetologists
and manicurists are predominantly women and minorities. In
California, an estimated 80 percent of nail salons are operated by
Vietnamese women.

(c) Nail services are increasing in popularity among consumers.
The money consumers spent in nail salons increased from $7.30
billion in 2012 to $8.54 billion in 2014.

(d) Chemicals in professional cosmetics can be harmful to salon
customers, who increasingly include still-developing younger girls.

(e) It is well established that endocrine-disrupting chemicals
can cause harm at very low levels. Some may enter the body
through the skin or cuticle.

(f) Dibutyl phthalate (DBP), included in nail polish to reduce
brittleness and cracking, is a reproductive and developmental
toxicant that is especially harmful to pregnant women.

(g) Developmental toxicants interfere with proper growth or
health of a child, acting at any point from conception to puberty.

(h) Toluene, a solvent found in nail polish, is a developmental
and neurological toxicant that causes headaches, dizziness, and
nausea, among other symptoms.

(i) Formaldehyde, a chemical that acts as a disinfectant and as
a preservative in nail polishes, is a known carcinogen. Exposure
to formaldehyde in the short term can irritate the eyes, nose, throat
and skin, and in the long term exposure can cause asthma.

(j) Alternatives to substances that cause serious harm, including
cancer or reproductive toxicity, are readily available for use in
cosmetic products. A number of manufacturers, including both
small domestic producers and large multinational corporations,
have eliminated certain substances that cause cancer or
reproductive harm from their products.

(k) Some local governments have already adopted successful
Healthy Nail Salon Recognition Programs (HNSR programs),
including the City and County of San Francisco, the Counties of
Alameda, San Mateo, and Santa Clara, and the City of Santa
Monica.

(l) These local HNSR programs support nail salons that use less
toxic products and practices that are safer for workers and their
customers.

(m) Given the presence of substances in cosmetic products that
cause cancer and reproductive toxicity and other serious adverse
impacts, the heavy use of these products by women of childbearing
age, the increasing use of manicure services among consumers
including still-developing younger girls, the significant exposure
to these products in occupational settings such as nail and beauty
salons, the recently enacted successful local HNSR programs, and
the availability of safer alternative products, it is in the interest of
the people of the State of California to take steps to ensure that
nail salons are given guidelines to operate safely for workers and
consumers, support local solutions to reduce potentially harmful
chemical exposures among customers and workers, determine the
success of the HNSR programs in reducing harmful exposures
experienced by nail salon customers and workers, and make
recommendations for program improvements, as appropriate.

SEC. 2.  

Chapter 14 (commencing with Section 108960) is
added to Part 3 of Division 104 of the Health and Safety Code, to
read:

 

Chapter  14. Healthy Nail Salon Recognition Program

 

108960.  

(a) The State Department of Public Health shall
publish guidelines for cities, counties, and cities and counties to
implement local healthy nail salon recognition (HNSR) programs.

(b) Qualifications for an HNSR program may include, but are
not limited to, all of the following:

(1) The salon shall choose nail polishes that do not contain
dibutyl phthalate (DBP), toluene, or formaldehyde.

(2) The salon shall use safer nail polish removers, including,
but not limited to, acetone.

(3) The salon shall avoid using nail polish thinners unless
absolutely necessary. When the salon does use thinners, those
products should not contain toluene and methyl ethyl ketone
(MEK).

(4) The salon shall ensure that all nail salon staff wear nitrile
gloves when using nail products.

(5) The salon shall be ventilated to improve air quality. A
specific area shall be designated for artificial nail services and that
area shall be properly ventilated.

(6) The salon shall install mechanical ventilation units within
one year of entering the recognition program, if not already in use.

(7) All salon staff, whether on payroll or on contract, and owners
shall be trained on safer practices.

(8) The salon shall allow appropriate local staff to monitor air
quality within the salon.

(9) The salon shall be committed to trying and adopting safer
artificial nail products.

(10) The salon shall not allow clients to bring in products for
use, unless those products meet the program criteria, as determined
by staff.

(11) The salon shall be in compliance with Chapter 10
(commencing with Section 7301) of Division 3 of the Business
and Professions Code.

(c) The department shall promote the HNSR program established
pursuant to this chapter by doing all of the following:

(1) Solicit and support voluntary implementation of HNSR
programs through awareness campaigns directed at nail salon
business owners and local governments.

(2) Develop and implement a consumer education program to
promote awareness about HNSR programs.

(3) Develop and adopt one or more models for an HNSR
program or ordinance that local governments may adopt and
implement to reduce chemical exposure and improve the health
and safety of consumers and workforce members at nail salons.

(4) Consult with representatives of local agencies with existing
HNSR programs, personnel of private nonprofit entities who have
experience and skills in implementing HNSR programs, and
members of affected communities, among others, throughout the
development of the model program or ordinance.

(5) Develop and either distribute or post on its Internet Web
site information for local entities, including, but not limited to,
suggestions for successful implementation of HNSR programs and
resource lists that include names and contact information of
vendors, consultants, or providers of financial assistance or loans
for purchases of ventilation equipment.

(6) Develop an Internet Web site or a section on the
department’s Internet Web site that links to county HNSR
programs, if the county has an Internet Web site available, and
recognized salons.

108961.  

(a) A city, county, or city and county that institutes
a local HNSR program pursuant to this chapter is encouraged to
do all of the following:

(1) Coordinate with other local HNSR programs to assist
businesses with achieving and moving beyond regulatory
compliance.

(2) Encourage businesses to implement strategies to reduce
toxic exposures to chemicals in nail salon products, improve
ventilation strategies, and achieve greater understanding of products
and their impacts on health.

(3) Promote improved community health outcomes, economic
vitality, and sustainable business approaches.

(4) Provide small businesses with a level and quality of
consultation on environmentally preferable business practices to
which small businesses otherwise may have limited access.

(5) Require a training element for owners and staff to ensure
thorough knowledge of safe and environmentally friendly
procedures.

(6) Provide an approved seal or certificate upon meeting all
requirements to be hung in full public view in the business.