Bill Text: CA AB2775 | 2017-2018 | Regular Session | Chaptered
Bill Title: Professional cosmetics: labeling requirements.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2018-09-14 - Chaptered by Secretary of State - Chapter 393, Statutes of 2018. [AB2775 Detail]
Download: California-2017-AB2775-Chaptered.html
| Assembly Bill No. 2775 |
| CHAPTER 393 |
An act to add Section 110371 to the Health and Safety Code, relating to professional cosmetics.
[
Approved by
Governor
September 14, 2018.
Filed with
Secretary of State
September 14, 2018.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 2775, Kalra.
Professional cosmetics: labeling requirements.
(1) The Sherman Food, Drug, and Cosmetic Law, among other things, regulates the labeling of cosmetics and authorizes the State Department of Public Health to require a cosmetic label to list ingredients under specified circumstances. The law generally defines the term “cosmetic” as an article, or its components, intended to be applied to the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. The law makes a violation of its provisions a crime.
This bill would require a professional cosmetic manufactured on or after July 1, 2020, for sale in this state to have a label affixed on the container that satisfies all of the labeling requirements for any other cosmetic pursuant to specific federal laws. By expanding the requirements of this law, the bill would
expand the scope of a crime, and thus would impose a state-mandated local program. The bill would define terms for its purposes and make legislative findings in support of its provisions.
(2) 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: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) According to the State Board of Barbering and Cosmetology, there are over 129,000 licensed manicurists, and almost 53,000 licensed salon businesses, many of which provide manicure services. There are over 312,000 licensed cosmetologists who are licensed to provide nail and hair services.
(b) Most cosmetologists and manicurists are of reproductive age and, therefore, are particularly vulnerable to chemical exposures.
(c) It is estimated that as many as 59 to 80 percent of manicurists in California are Vietnamese immigrants, many with limited English
skills.
(d) Existing federal law does not regulate professional cosmetics in the same manner as cosmetics sold to consumers. Information on the ingredients in professional salon products is essential to ensuring that workers and owners can make safer product choices and take steps to protect themselves and their customers against harmful exposures.
SEC. 2.
Section 110371 is added to the Health and Safety Code, to read:110371.
(a) A professional cosmetic manufactured on or after July 1, 2020, for sale in this state shall have a label affixed on the container that satisfies all of the labeling requirements for any other cosmetic pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301, et seq.), and the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451, et seq.).(b) The following definitions shall apply to this section:
(1) “Ingredient” has the same meaning as in Section 111791.5.
(2) “Professional” means a person that has been granted a license by the State Board of Barbering and Cosmetology to practice in the
field of cosmetology, nail care, barbering, or esthetics.
(3) “Professional cosmetic” means a cosmetic product as it is defined in Section 109900 that is intended or marketed to be used only by a professional on account of a specific ingredient, increased concentration of an ingredient, or other quality that requires safe handling, or is otherwise used by a professional.
