BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 2125
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|Author: |Chiu |
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|Version: |5/31/2016 |Hearing |6/15/2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rachel Machi Wagoner |
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SUBJECT: Healthy Nail Salon Recognition Program
ANALYSIS:
Existing federal law:
Regulates cosmetics, under the Federal Food, Drug, and Cosmetic
Act, which requires:
1) Nail products sold in the United States be free of poisonous
or deleterious substances that might injure users when used
as labeled or under the usual or customary conditions of use.
2) Warning labels of all cosmetics, whether marketed to
consumers or salons, with warning statements whenever
necessary or appropriate to prevent a health hazard that may
occur with use of the product.
3) Cosmetics sold on a retail basis to consumers also must bear
an ingredient declaration, with the names of the ingredients
listed in descending order of predominance. However, the
requirement for an ingredient declaration does not apply to
products used at professional establishments or samples
distributed free of charge.
Cosmetic products and ingredients, including nail products, are
not subject to Food and Drug Administration (FDA) premarket
approval authority, with the exception of most color additives.
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Existing California law:
1) Requires, under the Safe Drinking Water and Toxic Enforcement
Act of 1986 (Proposition 65), the state to publish a list of
chemicals known to cause cancer or reproductive toxicity.
2) Requires the Department of Public Health (DPH) to maintain a
program on occupational health and occupational disease
prevention, including, but not limited to, investigations
into the causes of morbidity and mortality from work-induced
diseases; development of recommendations for improved control
of work-induced diseases; and, maintenance of a thorough
knowledge of the effects of industrial chemicals and work
practices on the health of California workers.
3) Establishes the California Safe Cosmetics Act of 2005 to
collect information on hazardous and potentially hazardous
ingredients in cosmetic products sold in California and to
make this information available to the public. Requires, for
all cosmetic products sold in California, the manufacturer,
packer, and/or distributor named on the product label to
provide to DPH a list of all cosmetic products that contain
any ingredients known or suspected to cause cancer or
developmental or other reproductive harm.
4) Requires, under the Safer Consumer Product statutes, the
Department of Toxic Substances Control (DTSC) to adopt
regulations to identify, prioritize, and evaluate chemicals
of concern in consumer products and determine how best to
limit exposure or to reduce the level of hazard posed by a
chemical of concern in consumer products.
5) Requires the Division of Occupational Safety and Health,
better known as Cal/OSHA, at the Department of Industrial
Relations to enforce all occupational safety and health
standards.
6) Regulates, under the Barbering and Cosmetology Act, nail
salons and manicurists by the Board of Barbering and
Cosmetology at the Department of Consumer Affairs.
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This bill:
1) Requires DPH 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.
2) Requires DPH to develop awareness campaigns, present the
guidelines to local health officers, local environmental
health departments, and other local agencies, and post
specified information on its Internet Web site.
Background
Health impacts from exposure to nail products: According to
DTSC, nail products commonly contain toxic chemicals that can
pose health and safety concerns, especially for the roughly
121,000 nail salon workers in California. Among the many
potentially toxic chemicals found in nail products, dibutyl
phthalate (DBP), toluene, and formaldehyde, collectively
referred to as the "toxic-trio," are at the center of ongoing
public attention. California has recognized that exposure to
these three chemicals is associated with cancer, birth defects,
asthma, and other chronic health conditions.
Additionally DTSC has found that nearly all the nail polishes
the state agency tested that claimed to be free of a so-called
"toxic trio" of chemicals linked to cancer, neurological damage,
and reproductive harm in fact contained the chemicals, sometimes
at higher levels than nail polishes that made no such claims.
Scientists researching nail-salon product safety bought 25
different bottles of nail polish used exclusively at salons (not
brands that you'd find in your drugstore) and tested them for
toluene, a solvent that helps nail polish go on smoothly but is
neurotoxic; formaldehyde, a cancer-causing preservative; and
dibutyl phthalate (DBP), a chemical that keeps nail polish
flexible but is known to interfere with reproductive hormones.
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Of the 25 products, 12 claimed to be free of toluene and one or
both of the other two chemicals. But just two of the 12
products were actually free of toluene, and one product
advertised as being free of all three chemicals contained higher
levels of dibutyl phthalate than products making no ingredient
claims at all. At the same time, three products that made no
claims about chemical content were free of the toxic trio, and
levels of toluene in all the no-claim products were, on average,
significantly lower than the levels of toluene in products
making safety claims.
Lack of Access to Information - Adding to the Risk. Many nail
products contain potentially harmful ingredients, but are
allowed on the market because they are deemed safe when used as
directed. However, as noted above, retail products that contain
these toxic chemicals have been found to be mislabeled. For the
salon specific products, the Federal Food, Drug, and Cosmetic
Act does not require labeling of ingredients. Also as noted
above, the FDA does not require premarket approval of the
product before it is sold to and used in a salon. Because there
is so little federal oversight over salon products, there is
added risk to both workers and consumers in exposure to these
products.
Language and Cultural Barriers. DTSC points to a 2008 study in
the Journal of Community Health, "A preliminary survey of
Vietnamese nail salon workers in Alameda County," that estimated
that 59% to 80% of California nail salons are run by women of
Vietnamese decent who face socio-cultural barriers that may
compromise their workplace safety and health care access.
English is often not their primary language. Limited English
proficiency can limit a worker's ability to comprehend warnings
of health risks, exposure routes, and preventive measures in
product literature. DTSC notes that workers who stay on the job
while pregnant expose themselves and their fetuses to a variety
of known and potentially toxic chemicals that may lead to a wide
range of acute and chronic adverse health conditions for both
mother and child.
Local HNSR programs: According to the California Healthy Nail
Salon Collaborative, a cosponsor of this bill, they implemented
a Healthy Nail Salon Campaign in San Francisco in 2009 by
establishing a partnership with the former San Francisco
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Supervisor, now Assembly Member and author of this bill, David
Chiu, and the San Francisco Department of Environment. In
October of 2010, the City and County of San Francisco passed an
ordinance directing the San Francisco Department of Environment
to create a voluntary recognition program for nail salons that
are implementing "safer practices and products to protect the
health of salon staff, the health of customers and the
environment." To qualify for the recognition program, nail
salons must use nail products that do not contain the
"toxic-trio" or additional chemicals designated by San Francisco
Department of Environment, and follow designated protocols, such
as ventilating the salon, requiring staff to wear nitrile
gloves, and educating staff on safer nail products and
procedures.
The California Healthy Nail Salon Collaborative notes that there
are now local HNSR programs in Alameda County, San Francisco,
San Mateo County, and the City of Santa Monica. These programs
are modeled after the original program in San Francisco. An
established working group, comprised of the above localities as
well as worker health groups, meets regularly to share
information and resources. Standardized HNSR program materials
are created, translated and used by participating entities,
reducing start up and operating costs for each local government
interested in implementing an HNSR program.
The goal of this bill is to establish state criteria for HNSR
programs so that additional jurisdictions can adopt such
programs.
Recent state action on toxics in nail salons: On March 27,
2013, DTSC released its document, "Guidance on Becoming a
'Greener' Nail Salon," under its Pollution Prevention Program.
The document lays out criteria that nail salons must meet in
order to be considered a "green" nail salon. In addition to
criteria similar to those required by local established HNSR
programs and by this bill, this document considers additional
environmental factors such as reduced energy consumption;
reduced water use; reduced wastewater generation; reduced solid
waste generation; and, educating customers about best practices.
Because DTSC's Pollution Prevention Program was essentially
defunded, DTSC did not undertake outreach or establish a state
program for "green" nail salons.
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On August 26, 2015, the Assembly held an informational hearing
on the "Labor Practices, Health, and Safety in California Nail
Salons." The hearing was jointly hosted by the Assembly Select
Committee on Women in the Workplace, the Assembly Select
Committee on Girls and Women of Color, and the Assembly
Committees on Health, Business and Professions, and Labor. The
purpose of the hearing was for state agencies, advocates, and
industry to obtain and share information, address concerns, and
discuss policy recommendations regarding nail salon practices.
Among the policy recommendations discussed was the statewide
expansion of voluntary incentive-based programs that recognize
nail salons that implement healthy practices for workers and
consumers.
Comments
1) Purpose of Bill. According to the author, "Nail salon
workers experience unnecessary exposures to harmful chemicals
in the workplace. Every day, nail salon workers handle
solvents, glues, polishes and other products containing
chemicals known or suspected to cause cancer, allergies,
respiratory, neurological and reproductive harm. These
workers report acute health concerns such as headaches,
dizziness, rashes and breathing difficulties? Nail salon
owners say being a healthy nail salon is better for their
health and good for business too. In a survey conducted by
the California Healthy Nail Salon Collaborative and Asian
Health Services, the large majority of recognized salons said
that by participating in the program, they and their
employees are healthier -- work-related acute health symptoms
disappeared. Most also said that their revenues increased,
and that the safety and health trainings are effective?
Passage of AB 2125 would contribute to healthier nail salon
workers and consumers."
2) Suggested Amendments: Building off of the work already done.
As written, this bill has individual agencies implementing
various pieces independent of each other, possibly resulting
in disjointed implementation of the bill.
However, because DTSC has already developed criteria for what
makes a healthy nail salon, it may be prudent to direct DTSC,
in consultation with other agencies, to incorporate the
specifications of this bill into the criteria already
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developed and to publish "Healthy Nail Salon" criteria on its
Internet website along with educational materials that may be
used by local governments as well as directly by advocacy
organizations. Additionally, rather than require individual
agencies to independently implement pieces of the bill,
direct DTSC to provide the other health and safety agencies
the criteria to be on their Internet websites as well.
Additionally, because the bill develops guidelines for what it
is to be a "Healthy Nail Salon" as well as local HNSR programs,
it may have a broader impact statewide to create a
self-certification symbol provided on the state Internet
websites that may be used by salons to identify themselves as
Healthy Nail Salons, in addition to local governments to develop
local HSNR programs.
Related/Prior Legislation
SB 484 (Migden) established the California Safe Cosmetics Act of
2005, requiring the manufacturer of any cosmetic product subject
to regulation by the Food and Drug Administration (FDA) that is
sold in this state, commencing January 1, 2007, to, on a
schedule, and in electronic or other format, as determined by
the Division of Environmental and Occupational Disease Control
(DEODC) of the Department of Health Services (DHS), provide
DEODC with a complete and accurate list of its cosmetic
products, as specified, that, as of the date of submission, are
sold in the state that contain any ingredient, as defined, that
is a chemical identified as causing cancer or reproductive
toxicity.
AB 1879 (Feuer, Chapter 559, Statutes of 2008) and SB 509
(Simitian, Chapter 560, Statutes of 2008) established
California's Safer Consumer Products program at DTSC to evaluate
products and alternatives to products containing chemicals of
concern, as specified, and regulates the use of those products
in California.
DOUBLE REFERRAL:
If this measure is approved by the Senate Environmental Quality
Committee, the do pass motion must include the action to
re-refer the bill to the Senate Rules Committee.
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SOURCE: Asian Health Services (cosponsor)
California Healthy Nail Salon Collaborative
(cosponsor)
SUPPORT:
ACT for Women and Girls
Alameda County Department of Environmental Health
Alameda Health Consortium
American Cancer Society Cancer Action Network
American Lung Association in California
American Sustainable Business Council
Asian & Pacific Islander American Health Forum
Asian Americans Advancing Justice - Asian Law Caucus
Asian Americans Advancing Justice - Los Angeles
Asian Immigrant Women Advocates
Asian Pacific Environmental Network
Association of Asian Pacific Community Health Organizations
Berkeley School of Public Health
Black Women for Wellness
Breast Cancer Action
Breast Cancer Fund
California Environmental Justice Alliance
California Health Advocates
California Immigrant Policy Center
California Labor Federation
California Pan-Ethnic Health Network
Cancer Prevention Institute of California
Center for Environmental Health
Center of Policy Initiatives
Center on Race, Poverty & the Environment
CHANGE Coalition
City of Garden Grove, Mayor Bao Nguyen
City of Los Angeles, Mayor Eric Garcetti
City of Santa Monica, Mayor Tony Vazquez
Clean Water Action California
Coalition for Clean Air
Community Action Marin
Community Health Partnership
Environmental Working Group
Immigrant Resettlement & Cultural Center
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Khmer Girls in Action
La Maestra Community Health Clinics
Los Angeles Community College District, Trustee Mike Fong
Mexican American Legal Defense and Education Fund
National Council of Jewish Women - California
National Employment Law Project
Natural Resources Defense Council
North County Health Services
OCA - Asian Pacific American Advocates: East Bay Chapter
(OCA-East Bay)
OCA - Sacramento Chapter
OCA - San Francisco Chapter
Orange County Asian and Pacific Islander Community Alliance
(OCAPICA)
Pacific Arts Movement
Physicians for Social Responsibility - Los Angeles
Physicians for Social Responsibility - San Francisco Bay Area
Chapter
Planned Parenthood Action Fund of the Pacific Southwest
Planned Parenthood Affiliates of California
Proven Recruiting
San Francisco Department of the Environment
San Jose State University, several Members of the School of
Social Work
San Mateo County Board of Supervisors
UCLA Labor Occupational Safety and Health Program
University of San Diego, Department of Ethnic Studies
Vietnamese American Community Center of the East Bay
Women's Foundation of California
Women's Voices for the Earth
Worksafe
25 Individual Nail Salon Workers
OPPOSITION:
None received
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