BILL NUMBER: SB 928	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 1, 2010

   An act to add Article 6 (commencing with Section 108670) to
Chapter 5 of Part 3 of Division 104 of the Health and Safety Code,
relating to consumer product safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 928, as amended, Simitian.  Consumer products: content
information.
   Existing law regulates the labeling and use of various consumer
products, including toys and toxic household products.
   The bill would require a manufacturer or wholesaler of a 
designated  consumer product, as defined, on or before March 31,
2011, to provide a notice that lists all substances, identified by a
number or other unique identifier, that are contained in that
product  by more than   1/10 
 of 1%  , by posting that information on the
manufacturer's or wholesaler's Internet Web site. A manufacturer or
wholesaler that does not maintain an Internet Web site would be
required by the bill to establish such an Internet Web site. The bill
would declare that its provisions are severable and if any provision
of the bill is held invalid, that invalidity would not affect other
provisions or applications that can be given effect without the
invalid provision or application.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 6 (commencing with Section 108670) is added to
Chapter 5 of Part 3 of Division 104 of the Health and Safety Code, to
read:

      Article 6.  Consumer Product Content Information


   108670.  The Legislature finds and declares all of the following:
   (a) The federal Consumer Product Safety Act (15 U.S.C. Sec. 2051
et seq.; the federal act) was enacted with the purpose of protecting
the public against unreasonable risks of injury associated with
consumer products, by assisting consumers in evaluating the
comparative safety of consumer products, and developing uniform
safety standards for those products.
   (b) The federal act generally defines the term "consumer product"
as a product produced or distributed for sale to a consumer for use
in or around a household, a school, in recreation, or otherwise, but
excludes certain items, including tobacco, motor vehicles,
pesticides, drugs, devices, or cosmetics, and food.
   (c) The state is aware of, and appreciates, the regulatory regime
established by the federal act, but the federal act does not fully
regulate the chemical-exposure risks posed by many consumer products.

   (d) The federal act provides that if a consumer product safety
standard applies to a risk of injury associated with a consumer
product, a state is prohibited from establishing a safety standard or
regulation that deals with the same risk of injury associated with
that consumer product.
   (e) However, the federal act allows a state to impose safety
requirements that are more stringent than federal standards, if the
state standard is designed to protect against a risk of injury
associated with a consumer product and if the state standard provides
a higher degree of protection from that risk than the federal
standard.
   (f) The informational requirements of this article would impose
additional safety requirements that do not deal with the same risk of
injury for consumer products that is associated with existing
consumer product safety standards under the federal act or that are
more stringent than the federal standards and provide a higher degree
of protection from risk.
   108671.  For purposes of this article, the following definitions
shall apply: 
   (a) "Consumer product" has the same meaning as defined in Section
2052 of Title 15 of the United States Code, as that section reads, on
December 31, 2010.  
   (b) "Department" means the Department of Toxic Substances Control.
 
   (a) "Designated consumer product" means a product included in the
following categories:  
   (1) "Air care product," which means a chemically formulated
product designed to affect indoor air.  
   (2) "Automotive product," which means a chemically formulated
product designed to maintain the appearance of a motor vehicle. 

   (3) "Cleaning product," which means a soap, detergent, or other
chemically formulated product designed for personal hygiene, fabric
care, dish or other ware washing, or surface cleaning.  
   (4) "Polish or floor maintenance product," which means a
chemically formulated product, including, but not limited to, a
polish, wax, or a restorer designed to polish, protect, or maintain
furniture, floors, metal, leather, or other surfaces.  
   (c) 
    (b)  "Manufacturer" means a person who manufactures a
 designated  consumer product in this state. 
   (d) 
    (c)  "Wholesaler" means a person who purchases a 
designated  consumer product, for resale in this state, from a
person who did not manufacture the  designated  consumer
product in this state.
   108672.  On or before March 31, 2011, a manufacturer or wholesaler
of a  designated  consumer product shall provide a notice
that lists all substances, identified by a number or other unique
identifier, that are contained in that product  by more than
one-tenth of 1 percent.   . 
   108673.  (a) A manufacturer or wholesaler shall provide the notice
required by Section 108672 by posting the information on the
manufacturer's or wholesaler's Internet Web site.
   (b) A manufacturer or wholesaler subject to this section that does
not maintain an Internet Web site shall establish an Internet Web
site for purposes of compliance with this article.
   108674.  The provisions of this article are severable. If any
provision of this article or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.