BILL NUMBER: AB 2125 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
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 Chapter 14 (commencing with Section 108960)
to Part 3 of Division 104 of Section 25257.2 to
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 Department of Toxic Substances Control to
publish guidelines for cities, counties, and 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. 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. The bill would also require the
department to develop awareness campaigns, a
consumer education program, 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 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)
(a) 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)
(b) 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)
(c) Chemicals in professional cosmetics can be harmful
to salon customers, who increasingly include prepubescent girls and
young women.
(e)
(d) Endocrine-disrupting chemicals can cause harm at
very low levels. Some may enter the body through the skin or cuticle.
(f)
(e) 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)
(f) Developmental toxicants interfere with proper
growth or health of a child, acting at any point from conception to
puberty.
(h)
(g) Toluene, a solvent found in nail polish, is a
developmental and neurological toxicant that causes headaches,
dizziness, and nausea, among other symptoms.
(i)
(h) 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
(i) A number of cosmetic
product manufacturers, including both small domestic producers
and large multinational corporations, have eliminated certain
substances that cause cancer or reproductive harm from their
products.
(k)
(j) 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)
(k) 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.
(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.
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.
SEC. 2. Section 25257.2 is added to the
Health and Safety Code , to read:
25257.2. (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.