BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 977|
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THIRD READING
Bill No: SB 977
Author: Yee (D)
Amended: 8/7/12
Vote: 27 - Urgency
SENATE HEALTH COMMITTEE : 7-0, 6/13/12
AYES: Hernandez, Harman, Alquist, Anderson, DeSaulnier,
Rubio, Wolk
NO VOTE RECORDED: Blakeslee, De Le�n
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
SUBJECT : Sherman Food, Drug, and Cosmetic Law: nail
polish
SOURCE : Author
DIGEST : This bill makes a manufacturer of nail polish
that violates provisions of the Sherman Food, Drug, and
Cosmetic Law (Sherman Law) related to misbranded cosmetics
or any regulation adopted pursuant to those provisions, if
convicted, subject to imprisonment for not more than one
year in the county jail or a fine of up to $2,000.
ANALYSIS :
Existing law:
CONTINUED
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1. Prohibits misbranding of a cosmetic, as specified.
2. Requires the Department of Public Health, under the
Sherman Law, to regulate the manufacture, sale,
labeling, and advertising activities related to food,
drugs, devices, and cosmetics in conformity with the
federal Food, Drug, and Cosmetic Act.
3. Makes any person who violates any provision of the
Sherman Law or any regulation adopted pursuant to it, if
convicted, subject to imprisonment for up to one year in
the county jail or a fine of up to $1,000, or both.
This bill makes a manufacturer of nail polish that violates
provisions of the Sherman Law related to misbranded
cosmetics or any regulation adopted pursuant to those
provisions, if convicted, subject to imprisonment for not
more than one year in the county jail or a fine of up to
$2,000.
Background
According to the Department of Toxic Substances Control,
nail products are known to contain toxic chemicals, such as
dibutyl phthalate (DBP), toluene, and formaldehyde, that
are health and safety concerns for about 121,000 nail salon
workers in California. DBP and toluene are known to the
State of California as developmental toxins. Formaldehyde
is a known carcinogen. These three chemicals are commonly
called the "toxic-trio" and are a part of an ongoing debate
over nail product safety and potential health risks for
nail salon workers.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/1/12)
Personal Care Products Council
ARGUMENTS IN SUPPORT : According to the author,
"Consumers and nail salon workers deserve to be informed of
what is in the products they use. While we have made great
strides in ensuring safer working conditions in nail
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salons, the presence of sometimes dangerous chemicals still
persists. There are no excuses for manufacturers to
mislabel or misrepresent the substances in their products.
The purpose of this bill is to influence the bad behavior
of some nail polish manufacturers by instituting a greater
monetary disincentive against mislabeling or
misrepresenting the ingredients in nail polish cosmetics.
This bill attempts to address a health and public safety
risk to consumers and, especially, the nail salon workers
who are exposed to nail polish on a daily basis."
CTW:k 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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