BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2125|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 2125
          Author:   Chiu (D), et al.
          Amended:  8/1/16 in Senate
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  7-0, 6/15/16
           AYES:  Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

           SENATE BUS., PROF. & ECON. DEV. COMMITTEE:  9-0, 6/27/16
           AYES:  Hill, Bates, Block, Gaines, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  76-4, 6/2/16 - See last page for vote

           SUBJECT:   Healthy Nail Salon Recognition Program


          SOURCE:    Author


          DIGEST:  This bill requires the Department of Toxic Substance  
          Control (DTSC) to publish guidelines for a Healthy Nail Salon  
          Recognition (HNSR) Program, which will be voluntarily  
          implemented at the local level, and specifies components that  
          may be required in the program. 


          ANALYSIS:  

          Existing federal law regulates cosmetics, under the Federal  
          Food, Drug, and Cosmetic Act, which requires:









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           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.   


          Existing state 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,  








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            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, 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. 

          This bill:  

          1)Requires DTSC to, by January 1, 2018, publish guidelines for a  
            HNSR voluntarily implemented by local governments.

          2)Specifies guidelines for any program adopted.

          3)Authorizes DTSC to prioritize outreach to counties that have  
            the greatest number of nail salons.

          4)Authorizes the State Board of Barbering and Cosmetology to  
            notify local governments if a nail salon is found to be in  
            violation.


          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  








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          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.

          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  








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          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  
          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  








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          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.  

          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. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No










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          According to the Senate Committee on Appropriations, the costs  
          associated with this bill are as follows:


           Approximately $152,000 annually (Toxic Substances Control  
            Account) to DTSC to develop and administer the program.
           Minor, if any costs, to the State Board of Barbering and  
            Cosmetology.


          SUPPORT:   (Verified8/11/16)


          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 Health Services
          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 Healthy Nail Salon Collaborative  
          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








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          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 
          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 Mateo County Board of Supervisors
          UCLA Labor Occupational Safety and Health Program
          Vietnamese American Community Center of the East Bay
          Women's Foundation of California
          Women's Voices for the Earth
          Worksafe 
          Numerous Individuals


          OPPOSITION:   (Verified8/11/16)










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          None received

          ASSEMBLY FLOOR:  76-4, 6/2/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez,  
            Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,  
            Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,  
            Williams, Wood, Rendon
          NOES:  Gallagher, Grove, Harper, Mathis

          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          8/15/16 20:02:03


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