Bill Text: CA AB2201 | 2023-2024 | Regular Session | Amended
Bill Title: Toxics: air care products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-30 - Ordered to inactive file at the request of Assembly Member Addis. [AB2201 Detail]
Download: California-2023-AB2201-Amended.html
|
Amended
IN
Assembly
April 09, 2024 |
| Introduced by Assembly Member Addis |
February 07, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous materials and hazardous waste. Existing law, known as the Green Chemistry program, which is part of the hazardous waste control laws, requires the department to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered to be chemicals of concern. Existing law requires a product manufacturer, upon a formal request by the department for information, to provide to the department data and information on the ingredients and use of a consumer product, as provided. Existing law requires, if the product manufacturer certifies in writing that it does not have access to information requested by the department, to provide the identity and contact information of the supplier
or chemical manufacturer to the department, as provided. Existing law authorizes the department to issue an independent information request to the supplier or chemical manufacturer for that unknown information and for the identity and contact information of other suppliers or chemical manufacturers, as necessary to access the information requested. Existing law requires the chemical manufacturer or supplier to provide that information to the department, as provided. Under existing law, product manufacturers, suppliers, and chemical manufacturers are subject to a civil penalty for a violation of these requirements, as provided. Existing law defines “chemical manufacturer” for these purposes as a person who manufactures a chemical or chemical ingredient that is used in a consumer product. A violation of the hazardous waste control laws, including the Green Chemistry program, is a crime.
This bill would amend the definition of “chemical manufacturer” to also include a
person who manufacturers a chemical mixture that is used in a consumer product. Because a violation of the above-referenced requirement by such a person would also be a crime, the 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 12.6 (commencing with Section 25966) is added to Division 20 of the Health and Safety Code, to read:CHAPTER 12.6. Prohibiting Toxic Ingredients in Air Care Products
25966.
For purposes of this chapter, the following definitions apply:25966.5.
(a) On and after July 1, 2026, a person, including, but not limited to, a manufacturer, shall not sell or distribute in commerce in this state an air care product that contains any of the following intentionally added ingredients:For purposes of this article, the following definitions apply:
(a)“Chemical manufacturer” means a person who manufactures a chemical, chemical mixture, or chemical ingredient that is used in a consumer product.
(b)“Consumer product” means a product or part of the product that is used, brought, or leased for use by a person for any purposes. “Consumer product” does not include any of the following:
(1)A dangerous drug or dangerous device as defined in Section
4022 of the Business of Professions Code.
(2)Dental restorative materials as defined in subdivision (b) of Section 1648.20 of the Business and Professions Code.
(3)A device as defined in Section 4023 of the Business of Professions Code.
(4)A food as defined in subdivision (a) of Section 109935.
(5)The packaging associated with any of the items specified in paragraph (1), (2), or (3).
(6)A pesticide as defined in Section 12753 of the Food and Agricultural Code or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(c)“Council” means the California Environmental Policy Council established
pursuant to subdivision (b) of Section 71017 of the Public Resources Code.
(d)“Office” means the Office of Environmental Health Hazard Assessment.
(e)“Panel” means the Green Ribbon Science Panel established pursuant to Section 25254.
(f)“Product manufacturer” means a person who manufactures a consumer product or a person who controls the manufacturing process for, or specifies the use of a chemical to be included in, a consumer product.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.
