BILL NUMBER: AB 708 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 25, 2015
An act to add Article 10.92 (commencing with Section 25219.5) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
consumer product safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 708, as introduced, Jones-Sawyer. Consumer products: content
information.
Existing law regulates the labeling and use of various consumer
products, including toys and toxic household products.
Existing law, administered by the Department of Toxic Substances
Control, prohibits the management of hazardous waste, except in
accordance with the hazardous waste laws or the regulations adopted
by the department. A violation of these laws is a crime.
This bill would, commencing July 1, 2016, prohibit the
manufacture, sale at the wholesale or retail level, or distribution
of certain consumer products unless the manufacturer (1) discloses
each ingredient contained in the product by posting that information
on the product label and on the manufacturer's Internet Web site, as
prescribed, and (2) provides the Web site and page address on the
product label, along with a prescribed statement. By creating a new
crime, this 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 10.92 (commencing with Section 25219.5) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:
Article 10.92. Chemically Formulated Consumer Products
25219.5. For purposes of this article, the following definitions
shall apply:
(a) "Chemically formulated consumer product" means a consumer
product that is manufactured from chemicals or chemical compounds to
be used by household, institutional, commercial, and industrial
consumers without further processing for specific purposes. For the
purposes of this subdivision, dilution by the consumer is not
considered further processing.
(b) "Consumer product" has the same meaning as is specified in
subdivision (e) of Section 25251.
(c) "Designated consumer product" means any product included in
the following categories:
(1) "Air care product" means a chemically formulated consumer
product designed, or labeled to indicate that the purpose of the
product is, for masking odors, or for freshening, cleaning, scenting,
or deodorizing the air.
(2) "Automotive product" means a chemically formulated consumer
product designed, or labeled to indicate that the purpose of the
product is, to maintain the appearance of a motor vehicle, as defined
in Section 670 of the Vehicle Code, including products for washing,
waxing, polishing, cleaning, or treating the exterior or interior
surfaces of motor vehicles. "Automotive product" does not include
automotive paint or paint repair products.
(3) "Cleaning product" means a soap, detergent, or other
chemically formulated consumer product designed, or labeled to
indicate that the purpose of the product is, to clean or disinfect
surfaces, including, but not limited to, floors, furniture,
countertops, showers and baths, or other hard surfaces, such as
stovetops, microwaves, and other appliances, fabric care, or dish or
other ware washing.
(4) "Polish or floor maintenance product" means a chemically
formulated consumer product, such as polish, wax, or a restorer,
designed, or labeled to indicate that the purpose of the product is,
to polish, protect, buff, condition, temporarily seal, or maintain
furniture, floors, metal, leather, or other surfaces.
(d) "Ingredient" means a chemical in a designated consumer
product.
(e) "Manufacturer" means a person or entity that manufactures,
assembles, produces, packages, repackages, or relabels a designated
consumer product that is sold, distributed, or used in this state.
25219.52. Commencing July 1, 2016, no designated consumer product
may be manufactured, sold at the wholesale or retail level, or
otherwise distributed in this state unless the manufacturer discloses
each ingredient contained in the product on the product label and by
posting the product ingredient information on the manufacturer's
Internet Web site and provides the Web site and page address on the
label of the designated product along with a statement directing the
consumer to the Internet Web site for information concerning
ingredients contained in the product.
25219.54. (a) For purposes of disclosing each ingredient
contained in the designated consumer product on the product label,
the ingredients shall be listed in order of weight, as measured by
the ingredient's percentage weight of the total weight of all
ingredients in the product. The manufacturer is not required to list
the weight of an ingredient in the product.
(b) (1) For purposes of disclosing each ingredient contained in
the designated consumer product on the manufacturer's Internet Web
site, ingredients in a designated consumer product shall be
identified by the Chemical Abstract Service (CAS) number and either
the Consumer Specialty Products Association Consumer Product
Ingredients Dictionary (CSPA dictionary) name, if and when the
dictionary is made accessible to the public, or the International
Nomenclature Cosmetic Ingredient (INCI) name. If there is not a CSPA
dictionary name or INCI name, then the ingredients in a designated
consumer product shall be identified by the CAS number and the
International Union of Pure and Applied Chemistry (IUPAC) name. If
there is no CSPA dictionary name, INCI name, or IUPAC name, then the
product shall be identified by the CAS number and common chemical
name.
(2) In identifying the ingredient name, the manufacturer shall
also identify which of the nomenclature references were used for
ingredient identification.
(3) Each ingredient shall have an explanation of its purpose for
being in the designated consumer product.
SEC. 2. 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.