Amended in Senate August 1, 2016

Amended in Assembly May 31, 2016

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

(Coauthors: Assembly Members Bonta, Chu, Gonzalez, Roger Hernández, Low, and Ting)

(Coauthor: Senator Pan)

February 17, 2016

An act to add begin delete Chapter 14 (commencing with Section 108960) to Part 3 of Division 104 of end delete begin insert Section 25257.2 to end insert 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 begin delete State Department of Public Health end delete begin insert Department of Toxic Substances Control end insert to publish guidelines for cities, counties, and cities and counties to voluntarily implement local healthy nail salon recognition (HNSR) begin delete programs with specified criteria for nail salons, including the use of less toxic nail polishes and polish removers and improved ventilation. end delete begin insert programs. The bill would allow the guidelines to include, but not be limited to, specified criteria, such as the potential for exposure of nail salon workers and customers to chemicals. end insert The bill would also require the department to develop begin delete awareness campaigns, end delete begin insert a consumer education program, end insert 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:

begin delete

(a) According to the State Board of Barbering and Cosmetology,
there are 129,015 licensed manicurists, and 52,680 licensed
business establishments providing manicure services. There are
312,215 licensed cosmetologists, many of whom work as nail salon
technicians.

(b)

end delete

begin insert (a) end insert  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. begin delete In
California, an estimated 80 percent of nail salons are operated by
Vietnamese women. end delete

begin delete

(c)

end delete

begin insert (b) end insert  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.

begin delete

(d)

end delete

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

begin delete

(e)

end delete

begin insert (d) end insert  Endocrine-disrupting chemicals can cause harm at very low
levels. Some may enter the body through the skin or cuticle.

begin delete

(f)

end delete

begin insert (e) end insert  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.

begin delete

(g)

end delete

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

begin delete

(h)

end delete

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

begin delete

(i)

end delete

begin insert (h) end insert  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.

begin delete

(j) Alternatives to substances that cause serious harm, including
cancer or reproductive toxicity, are readily available for use in
cosmetic products. A

end delete

begin insert (i) end insert begin insert   end insert begin insert A end insert number of begin insert cosmetic product end insert manufacturers, including both
small domestic producers and large multinational corporations,
have eliminated certain substances that cause cancer or
reproductive harm from their products.

begin delete

(k)

end delete

begin insert (j) end insert  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.

begin delete

(l)

end delete

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

begin delete

(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.

end delete begin insert

(l) Given the recently enacted successful local HNSR programs,
and the availability of safer alternative cosmetic products, it is in
the interest of the people of the State of California to ensure that
nail salons are given guidelines to operate safely for workers and
consumers.

end insert

begin delete

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 for cities, counties, and cities
and counties to voluntarily implement local healthy nail salon
recognition (HNSR) programs.

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

(1) The salon shall not use 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) 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, 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, 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 guidelines required pursuant to subdivision (a) shall
impose, but not be limited to, all of the following requirements on
a city, county, or city and county that adopts an HNSR program:

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

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

(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.

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

(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 and
the State Board of Barbering and Cosmetology.

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

(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.

(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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25257.2 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25257.2. end insert   

(a) The department shall, by January 1, 2018, publish
guidelines for healthy nail salon recognition (HNSR) programs
voluntarily implemented by local cities and counties.

(b) The guidelines for an HNSR program adopted pursuant to
subdivision (a) may include, but shall not be limited to, all of the
following:

(1) A list of specific chemical ingredients that should not be
used by a nail salon seeking recognition. In determining whether
to include a chemical on the list, the department shall consider:

(A) Whether the chemical is identified as a candidate chemical
pursuant to the regulations adopted pursuant to Section 25252.

(B) Whether an existing healthy nail salon program has
restricted the use of the chemical.

(C) The potential for exposure of nail salon workers and
customers to the chemical.

(D) The availability of existing, safer alternatives to the chemical
in products available to nail salons in California.

(2) Specific best practices for minimizing exposure to hazardous
chemicals, including:

(A) A list of specific personal protective equipment that should
be used by personnel in a salon seeking recognition and guidance
on when and how to use it.

(B) Engineering controls that should be adopted by salons
seeking recognition, including specific ventilation practices and
equipment.

(C) Prohibiting nail polishes that contain dibutyl phthalate,
formaldehyde, or toluene.

(D) Prohibiting nail polish thinners that contain methyl ethyl
ketone or toluene.

(E) Prohibiting nail polish removers that contain ethyl or butyl
acetate.

(3) A list of specific training topics for salon owners and staff,
whether on payroll or contract, on safer practices delineated in
the HNSR program guidelines.

(4) Criteria for the use of outside products brought in by clients.

(5) Verification that a salon seeking recognition is in compliance
with Chapter 10 (commencing with Section 7301) of Division 3 of
the Business and Professions Code, and all applicable regulations
enforced by the State Board of Barbering and Cosmetology.

(6) Any other guidelines or best practices determined by the
department to further the goals of an HNSR program.

(c) The guidelines adopted pursuant to subdivision (a) shall
include criteria for cities and counties that adopt an HNSR
program. These criteria may cover, but are not limited to:

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

(2) Training and certification requirements for the salon owners
and staff to ensure thorough knowledge of safe and environmentally
friendly procedures.

(3) Issuance of an approved seal or certificate to salons that
have met certification requirements.

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

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

(d) In developing guidelines pursuant to subdivision (a), the
department shall consult with the Division of Occupational Safety
and Health, the State Department of Public Health, and the State
Board of Barbering and Cosmetology.

(e) In collaboration with existing healthy nail salon programs,
the department shall promote the HNSR guidelines developed
pursuant to subdivision (a) by doing all of the following:

(1) Developing and implementing a consumer education
program.

(2) Presenting the HNSR guidelines to local health officers,
local environmental health departments, and other local agencies
as appropriate.

(3) Developing and either distributing or posting 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) Developing 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.

(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.

(h) Nothing in this section shall prevent the adoption or
enforcement of any local rules or ordinances.

end insert