BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2125| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 2125 Page 2 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, AB 2125 Page 3 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 AB 2125 Page 4 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 AB 2125 Page 5 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 AB 2125 Page 6 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 AB 2125 Page 7 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 AB 2125 Page 8 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) AB 2125 Page 9 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 **** END ****