Amended in Assembly April 5, 2016

Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2125

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 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 begin insert State Board of Barbering and Cosmetology within the end insert Department of Consumer Affairs.

This bill would require the State Department of Public Health to publish begin delete guidelines end delete begin insert guidelines, including one or more model ordinances, end insert 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 $7.3
billion in 2012 to $8.54 billion in 2014.

(d) Chemicals in professional cosmetics can be harmful to salon
customers, who increasingly include prepubescent girls and young
women.

(e) 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 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, by
January 1, 2018, publish begin delete guidelines and best practices end delete begin insert guidelines,
including one or more model ordinances, end insert for cities, counties, and
cities and counties to voluntarily implement local healthy nail
salon recognition (HNSR) programs.

(b)  begin delete Qualifications end delete begin insert The guidelines, including the model ordinance
or ordinances, end insert for an HNSR program may include, but are not
limited to, all of the begin delete following: end delete begin insert following qualifications: end insert

(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.

(2) The salon shall ensure that all nail salon staff wear nitrile
or other gloves determined to be sufficiently protective when using
nail products.

(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 with mechanical ventilation units.

(4) All salon staff, whether on payroll or on contract, and owners
shall be trained on safer practices delineated in the HNSR program
guidelines.

(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.

(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.

begin insert

(c) The model ordinance required pursuant to subdivision (a)
shall impose, but not be limited to, all of the following requirements
on a local entity that adopts a HNSR program:

end insert begin insert

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

end insert begin insert

(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.

end insert begin insert

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

end insert begin insert

(4) Require training for the salon owners and staff to ensure
thorough knowledge of safe and environmentally friendly
procedures.

end insert begin insert

(5) Provide an approved seal or certificate to a salon that has
met all specified requirements, required to be displayed in full
public view in the salon location.

end insert begin insert

(6) Establish a process by which a salon can enroll in an HNSR
program and be verified by the local entity.

end insert begin insert

(7) Establish the frequency at which the local entity shall verify
continued compliance by a salon that has previously met all
specified requirements.

end insert begin insert

(d) The State Department of Public Health shall, throughout
the process of developing guidelines pursuant to subdivision (a),
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.

end insert begin delete

(c)

end delete

begin insert (e) end insert  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.

begin delete

(3) Develop and adopt one or more 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)

end delete

begin insert (3) end insert  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.

begin delete

(6)

end delete

begin insert (4) end insert  Develop an Internet Web site or a section on the
department’s Internet Web site that links to county HNSR Internet
Web sites.

begin delete

(d)

end delete

begin insert (f) end insert  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.