Bill Text: CA AB2125 | 2015-2016 | Regular Session | Chaptered
Bill Title: Healthy Nail Salon Recognition Program.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2016-09-24 - Chaptered by Secretary of State - Chapter 564, Statutes of 2016. [AB2125 Detail]
Download: California-2015-AB2125-Chaptered.html
BILL NUMBER: AB 2125 CHAPTERED
BILL TEXT
CHAPTER 564
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 19, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
INTRODUCED BY Assembly Member Chiu
(Coauthors: Assembly Members Bonta, Chu, Gonzalez, Roger
Hernández, Low, and Ting)
(Coauthor: Senator Pan)
FEBRUARY 17, 2016
An act to add Section 25257.2 to the Health and Safety Code,
relating to nail salons.
LEGISLATIVE COUNSEL'S DIGEST
AB 2125, Chiu. Healthy Nail Salon Recognition Program.
Existing law regulates the existence and disclosure of specified
chemicals and components in consumer products, including phthalates
and bisphenol A. Existing law also provides for the licensing and
regulation of nail salons and manicurists by the State Board of
Barbering and Cosmetology within the Department of Consumer Affairs.
This bill would require the Department of Toxic Substances Control
to publish guidelines for cities, counties, and cities and counties
to voluntarily implement local healthy nail salon recognition (HNSR)
programs. The bill would allow the guidelines to include, but not be
limited to, specified criteria, such as the potential for exposure of
nail salon workers and customers to chemicals. The bill would also
require the department to develop a consumer education program,
present the guidelines to local health officers, local environmental
health departments, and other local agencies, and post specified
information on its Internet Web site.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Beauty care workers, including cosmetologists and manicurists,
are highly exposed to the potential harm of carcinogens and
reproductive toxins in cosmetics. Cosmetologists and manicurists are
predominantly women and minorities.
(b) Nail services are increasing in popularity among consumers.
The money consumers spent in nail salons increased from $7.3 billion
in 2012 to $8.54 billion in 2014.
(c) Chemicals in professional cosmetics can be harmful to salon
customers, who increasingly include prepubescent girls and young
women.
(d) Endocrine-disrupting chemicals can cause harm at very low
levels. Some may enter the body through the skin or cuticle.
(e) Dibutyl phthalate (DBP), included in nail polish to reduce
brittleness and cracking, is a reproductive and developmental
toxicant that is especially harmful to pregnant women.
(f) Developmental toxicants interfere with proper growth or health
of a child, acting at any point from conception to puberty.
(g) Toluene, a solvent found in nail polish, is a developmental
and neurological toxicant that causes headaches, dizziness, and
nausea, among other symptoms.
(h) Formaldehyde, a chemical that acts as a disinfectant and as a
preservative in nail polishes, is a known carcinogen. Exposure to
formaldehyde in the short term can irritate the eyes, nose, throat,
and skin, and in the long term exposure can cause asthma.
(i) A number of cosmetic product manufacturers, including both
small domestic producers and large multinational corporations, have
eliminated certain substances that cause cancer or reproductive harm
from their products.
(j) Some local governments have already adopted successful Healthy
Nail Salon Recognition Programs (HNSR programs), including the City
and County of San Francisco, the Counties of Alameda, San Mateo, and
Santa Clara, and the City of Santa Monica.
(k) These local HNSR programs support nail salons that use less
toxic products and practices that are safer for workers and their
customers.
(l) Given the recently enacted successful local HNSR programs, and
the availability of safer alternative cosmetic products, it is in
the interest of the people of the State of California to ensure that
nail salons are given guidelines to operate safely for workers and
consumers.
SEC. 2. Section 25257.2 is added to the Health and Safety Code, to
read:
25257.2. (a) The department shall, by January 1, 2018, publish
guidelines for healthy nail salon recognition (HNSR) programs
voluntarily implemented by local cities and counties.
(b) The guidelines for an HNSR program adopted pursuant to
subdivision (a) may include, but shall not be limited to, all of the
following:
(1) A list of specific chemical ingredients that should not be
used by a nail salon seeking recognition. In determining whether to
include a chemical on the list, the department shall consider:
(A) Whether the chemical is identified as a candidate chemical
pursuant to the regulations adopted pursuant to Section 25252.
(B) Whether an existing healthy nail salon program has restricted
the use of the chemical.
(C) The potential for exposure of nail salon workers and customers
to the chemical.
(D) The availability of existing, safer alternatives to the
chemical in products available to nail salons in California.
(2) Specific best practices for minimizing exposure to hazardous
chemicals, including:
(A) A list of specific personal protective equipment that should
be used by personnel in a salon seeking recognition and guidance on
when and how to use it.
(B) Engineering controls that should be adopted by salons seeking
recognition, including specific ventilation practices and equipment.
(C) Prohibiting nail polishes that contain dibutyl phthalate,
formaldehyde, or toluene.
(D) Prohibiting nail polish thinners that contain methyl ethyl
ketone or toluene.
(E) Prohibiting nail polish removers that contain ethyl or butyl
acetate.
(3) A list of specific training topics for salon owners and staff,
whether on payroll or contract, on safer practices delineated in the
HNSR program guidelines.
(4) Criteria for the use of outside products brought in by
clients.
(5) Verification that a salon seeking recognition is in compliance
with Chapter 10 (commencing with Section 7301) of Division 3 of the
Business and Professions Code, and all applicable regulations
enforced by the State Board of Barbering and Cosmetology.
(6) Any other guidelines or best practices determined by the
department to further the goals of an HNSR program.
(c) The guidelines adopted pursuant to subdivision (a) shall
include criteria for cities and counties that adopt an HNSR program.
These criteria may cover, but are not limited to:
(1) Coordination with other local HNSR programs to assist
businesses in achieving and moving beyond regulatory compliance.
(2) Training and certification requirements for the salon owners
and staff to ensure thorough knowledge of safe and environmentally
friendly procedures.
(3) Issuance of an approved seal or certificate to salons that
have met certification requirements.
(4) The process by which a salon can enroll in an HNSR program and
be verified by the local entity.
(5) The frequency at which the local entity shall verify continued
compliance by a salon that has previously met all specified
requirements.
(d) In developing guidelines pursuant to subdivision (a), the
department shall consult with the Division of Occupational Safety and
Health, the State Department of Public Health, and the State Board
of Barbering and Cosmetology.
(e) In collaboration with existing healthy nail salon programs,
the department shall promote the HNSR guidelines developed pursuant
to subdivision (a) by doing all of the following:
(1) Developing and implementing a consumer education program.
(2) Presenting the HNSR guidelines to local health officers, local
environmental health departments, and other local agencies as
appropriate.
(3) Developing and either distributing or posting on its Internet
Web site information for local entities, including, but not limited
to, suggestions for successful implementation of HNSR programs and
resource lists that include names and contact information of vendors,
consultants, or providers of financial assistance or loans for
purchases of ventilation equipment.
(4) Developing an Internet Web site or a section on the department'
s Internet Web site that links to county HNSR Internet Web sites.
(f) The department may prioritize its outreach to those counties
that have the greatest number of nail salons.
(g) The State Board of Barbering and Cosmetology may notify the
city, county, or city and county if a recognized salon is found in
violation of Article 12 of the State Board of Barbering and
Cosmetology regulations. A violation shall result in the removal of
healthy nail salon recognition from that salon.
(h) Nothing in this section shall prevent the adoption or
enforcement of any local rules or ordinances.
