BILL ANALYSIS �
SB 977
Page 1
( Without Reference to File )
SENATE THIRD READING
SB 977 (Yee)
As Amended August 31, 2012
Majority vote
SENATE VOTE :36-0
HEALTH 12-2
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|Ayes:|Pan, Ammiano, Atkins, |
| |Eng, Gordon, Hayashi, |
| |Bonnie Lowenthal, |
| |Mansoor, Mitchell, |
| |Monning, |
| |V. Manuel P�rez, Silva |
| | |
|-----+--------------------------|
|Nays:|Logue, Nestande |
| | |
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SUMMARY : Subjects a manufacturer of nail polish that violates
provisions of existing law governing misbranded cosmetics, if
convicted, to a maximum fine of $2,000 and/or imprisonment for
one year in the county jail. Clarifies that the provisions of
this bill shall not apply to nail salons or to distributors,
retailers or wholesalers of nail polish.
FISCAL EFFECT : None
COMMENTS : The author points to a recent report by the
Department of Toxic Substances Control (DTSC) that found that
ingredients listed on the labels of some nail polishes did not
accurately reflect the products' chemical composition as
evidence of the need for this bill. The author states that this
bill is intended to influence the bad behavior of some nail
polish manufacturers by imposing a greater monetary disincentive
against mislabeling or misrepresenting their ingredients. In
addition, the author points out that the provisions of this bill
will not apply to nail salons or to distributors, retailers or
wholesalers of nail polish. According to the author, this bill
SB 977
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attempts to address a health and public safety risk to consumers
and to nail salon workers, in particular, who are exposed to the
chemicals in nail polish on a daily basis and deserve to be
informed of what is in the products they use.
According to the DTSC, nail products containing the "toxic-trio"
of the chemicals called dibutyl phthalate (DBP), toluene, and
formaldehyde pose health and safety risks to roughly 121,000
nail salon technicians in more than 48,000 salons throughout
California. These chemicals have been the subject of ongoing
public scrutiny from non-government organizations, environmental
and worker rights groups, and various regulatory agencies over
concerns about nail product safety. Exposure to toxic-trio
chemicals is associated with cancer, birth defects, asthma, and
other chronic health conditions.
In May 2011, DTSC conducted a limited-scale sampling of nail
products offered for sale in the San Francisco Bay Area in an
effort to further support a local ordinance establishing a
voluntary recognition program for nail salons that choose safer
nail products. DTSC's objective in sampling the products was to
investigate the accuracy of claims made by a small number of
nail product manufacturers that their goods were free of some or
all toxic-trio chemicals; provide information on hazardous
chemicals used in these products; and, examine trends of
possible ingredient substitutions. Twenty-five nail product
samples, which included both products with toxic-trio related
claims and those with no claims about chemical content, were
randomly collected from six distributors and tested.
Manufacturers of 12 of the 25 products claimed that they were
free of at least one toxic-trio chemical and that seven claimed
to contain none of the toxic-trio chemicals.
In five of the seven products that claimed to be free of all of
the toxic-trio chemicals, DTSC found that the products contained
high levels of DBP, toluene, or a combination of both. DTSC
also found chemicals in the nail products whose functionality,
toxicities, environmental behavior, and exposure risks remain
unknown and stated that these unknown chemicals may be
alternatives to the toxic-trio. Based on the findings of its
study, DTSC recommended that manufacturers disclose nail product
formulations and provide information demonstrating that
substitutions are safer to public health and the environment.
DTSC also urged more collaboration and coordination among
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interested stakeholders, in addition to expanded outreach,
education, and training of nail salon owners and workers.
The Personal Care Products Council states in support of a prior
version of this bill, which contained a $15,000 fine, that this
bill will protect consumers from misleading claims and
advertisements concerning nail polish.
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097
FN: 0005858