BILL NUMBER: AB 2125	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 31, 2016
	AMENDED IN ASSEMBLY  APRIL 5, 2016
	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Chiu
   (  Coauthor:   Assembly Member 
 Roger Hernández   Coauthors:  
Assembly Members   Bonta,   Chu,  
Gonzalez,   Roger Hernández,  Low,   and
Ting  )
    (   Coauthor:   Senator   Pan
  ) 

                        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 State Board of
Barbering and Cosmetology within the Department of Consumer Affairs.
   This bill would require the State Department of Public Health to
publish  guidelines, including one or more model ordinances,
  guidelines  for cities, counties, and 
city   cities  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,  
present the guidelines to local health officers, local environmental
health departments, and other local agencies,  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   129,015  licensed
manicurists, and  41,830   52,680  licensed
business establishments providing manicure services. There are
 253,571   312,215  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  guidelines, including one or more
model ordinances,   guidelines  for cities,
counties, and cities and counties to voluntarily implement local
healthy nail salon recognition (HNSR) programs.
   (b) The  guidelines, including the model ordinance or
ordinances,   guidelines  for an HNSR program may
include, but are not limited to, all of the following qualifications:

   (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.  
   (C) Nail polishes that contain dibutyl phthalate (DBP),
formaldehyde, or toluene.  
   (D) Nail polish thinners that contain methyl ethyl ketone or
toluene.  
   (E) Nail polish removers that contain ethyl or butyl acetate.

   (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   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.   Code, and   all relevant
regulations enforced by the State Board of Barbering and Cosmetology.

   (7) Any other guidelines or best practices determined by the
department to further the goals of an HNSR program.
   (c) The  model ordinance   guidelines 
required pursuant to subdivision (a) shall impose, but not be limited
to, all of the following requirements on a  local entity
  city, county, or city and county  that adopts
 a   an  HNSR program:
   (1) Coordinate with other local HNSR programs to assist businesses
in 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) 
    (2)  Require training for the salon owners and staff to
ensure thorough knowledge of safe and environmentally friendly
procedures. 
   (5) 
    (3)  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. 
   (6) 
    (4)  Establish a process by which a salon can enroll in
an HNSR program and be verified by the local entity. 
   (7) 
    (5)  Establish the frequency at which the local entity
shall verify continued compliance by a salon that has previously met
all specified requirements.
   (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.   Health and the State Board
of Barbering and Cosmetology. 
   (e) The department shall promote the HNSR  program
  guidelines  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) 
    (1)  Develop and implement a consumer education program
to promote awareness about HNSR programs. 
   (2) Present the HNSR guidelines to local health officers, local
environmental health departments, and other local agencies as the
department deems appropriate. 
   (3) 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.
   (4) Develop an Internet Web site or a section on the department's
Internet Web site that links to county HNSR Internet Web sites.
   (f) 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.  salons.  
   (g) The State Board of Barbering and Cosmetology may notify the
city, county, or city and county if a recognized salon is found in
violation of Article 12 of the State Board of Barbering and
Cosmetology regulations. A violation shall result in the removal of
healthy nail salon recognition from that salon.