BILL NUMBER: AB 2125 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2016
INTRODUCED BY Assembly Member Chiu
( Coauthor: Assembly Member
Roger Hernández )
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 amended, Chiu. Healthy Nail Salon Recognition Program.
Existing law regulates the existence of, and
disclosure of, 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
voluntarily 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 $7.3 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. prepubescent girls and young women.
(e) It is well established that endocrine-disrupting
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 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,
prepubescent girls and young women, 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
shall, by January 1, 2018, publish guidelines
and best practices for cities, counties, and cities and
counties to voluntarily 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).
(1) The salon shall not use any cosmetic product that contains any
of the following:
(A) Any ingredient, as defined in subdivision (d) of Section
111791.5, that is a chemical classified by the United States
Environmental Protection Agency as carcinogenic to humans, likely to
be carcinogenic to humans, or for which there is suggestive evidence
of carcinogenic potential, or identified by the state to cause cancer
as listed in the Safe Drinking Water and Toxic Enforcement Act of
1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20)
list of chemicals known to cause cancer or reproductive toxicity.
(B) Any ingredient, as defined in subdivision (d) of Section
111791.5, that is a reproductive toxicant that causes birth defects,
reproductive harm, or developmental harm as identified by the United
States Environmental Protection Agency, or listed in the Safe
Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6
(commencing with Section 25249.5) of Division 20) list of chemicals
known to cause cancer or reproductive toxicity.
(C) Dibutyl phthalate (DBP), formaldehyde, toluene, or methyl
ethyl ketone.
(4)
(2) The salon shall ensure that all nail salon staff
wear nitrile or other gloves determined to be
sufficiently protective when using nail products.
(5)
(3) 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.
ventilated with mechanical ventilation units.
(6) The salon shall install mechanical ventilation units within
one year of entering the recognition program, if not already in use.
(7)
(4) All salon staff, whether on payroll or on contract,
and owners shall be trained on safer practices.
practices delineated in the HNSR program guidelines.
(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)
(5) The salon shall not allow clients to bring in
outside products for use, unless those products meet the
program criteria, as determined by salon staff.
(11)
(6) The salon shall be in compliance with Chapter 10
(commencing with Section 7301) of Division 3 of the Business and
Professions Code.
(7) Any other guidelines or best practices determined by the
department to further the goals of an HNSR program.
(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. model
ordinances that local entities may adopt to implement an HNSR
program. The model ordinance shall direct local entities to, at a
minimum, do all of the following:
(A) Coordinate with other local HNSR programs to assist businesses
in achieving and moving beyond regulatory compliance.
(B) 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.
(C) Promote improved community health outcomes, economic vitality,
and sustainable business approaches.
(D) Require a training element for owners and staff to ensure
thorough knowledge of safe and environmentally friendly procedures.
(E) Provide an approved seal or certificate upon meeting all
requirements to be hung in full public view in the business.
(F) Establish a process by which a salon can enroll in an HNSR
program and be verified by the local entity.
(G) Establish the frequency at which salon compliance will be
reverified by the local entity.
(4) Consult with the Division of Occupational Safety and
Health, 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.
Internet Web sites.
(d) The department may prioritize its outreach to those counties
that have the greatest number of nail salons and that have the
highest pollution burdens and vulnerabilities as determined by
CalEnviroScreen.
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.