BILL NUMBER: AB 2318 CHAPTERED 09/07/00 CHAPTER 326 FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2000 APPROVED BY GOVERNOR SEPTEMBER 5, 2000 PASSED THE ASSEMBLY AUGUST 21, 2000 PASSED THE SENATE AUGUST 18, 2000 AMENDED IN SENATE JUNE 20, 2000 AMENDED IN ASSEMBLY APRIL 10, 2000 INTRODUCED BY Assembly Member Lowenthal FEBRUARY 24, 2000 An act to add Section 111246 to the Health and Safety Code, relating to environmental health. LEGISLATIVE COUNSEL'S DIGEST AB 2318, Lowenthal. Lindane: prohibition. Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the packaging, labeling, and advertising of food, drugs, and cosmetics. Violation of any of these provisions is a crime. This bill, commencing January 1, 2002, would prohibit any product used for the treatment of lice or scabies in human beings that contains the pesticide Lindane from being used or sold in the state. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Lindane is the working ingredient in over 2 million prescriptions issued each year for biocidal shampoos and creams meant to control head lice and scabies. (b) The prescriptions containing Lindane are prescribed to young children, pregnant women, and nursing mothers. (c) The main source of Lindane in sewers is from the treatment of head lice and the treatment of scabies, which is a mite that can live in human skin. (d) A single treatment of Lindane to kill head lice or scabies pollutes 6 million gallons of water. (e) According to the State Department of Health Services, Lindane has been shown to damage the liver, kidney, nervous systems, and immune systems of laboratory animals such as rats, mice, and dogs when exposed to high levels during their lifetime. (f) The State Department of Health Services stated that Lindane is less effective and has more potential toxicity than the easily available alternatives; therefore, there is no reason to continue prescribing Lindane for the control of head lice in California. SEC. 2. Section 111246 is added to the Health and Safety Code, to read: 111246. Commencing January 1, 2002, any product used for the treatment of lice or scabies in human beings that contains the pesticide Lindane shall not be used or sold in the state. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.