Bill Text: CA SB763 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Medical professionals: probation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB763 Detail]

Download: California-2015-SB763-Amended.html

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BILL NUMBER: SB 763	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  MAY 7, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Leno

                        FEBRUARY 27, 2015

   An act to add Sections 19095 and 19161.4 to the Business and
Professions Code, relating to home furnishings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 763, as amended, Leno. Juvenile products: flame retardant
chemicals.
   Existing federal law requires the Consumer Product Safety
Commission to institute proceedings for the determination of an
appropriate flammability standard if the commission finds that such a
standard, including labeling, for a mattress, a fabric, related
material, or product, may be needed to protect the public. Existing
federal law authorizes a state to establish a flammability standard
if, among other things, it provides a higher degree of protection
from the risk of fire.
   Existing state law, the Home Furnishings and Thermal Insulation
Act, provides for the licensure and regulation of upholstered
furniture manufacturers by the Bureau of Electronic and Appliance
Repair, Home Furnishings, and Thermal Insulation. Existing state law
requires every upholstered-furniture manufacturer to hold a furniture
and bedding manufacturer's license. Existing state law also requires
every upholstered-furniture retailer to hold a retail furniture
dealer's license. A violation of the act is a crime.
   Existing state law requires upholstered furniture and bedding to
contain a specified label that is securely fastened in a manner
approved by the bureau in an area open to visible view. Existing
state law establishes a standard to produce upholstered furniture
which is safer from the hazards associated with smoldering ignition.
The standard provides methods for smolder resistance of cover
fabrics, barrier materials, resilient filling materials, and decking
materials for use in upholstered furniture.
   This bill would require a manufacturer of juvenile products, as
defined, sold in California to indicate whether or not the product
contains added flame retardant chemicals, as defined, by including a
specified statement on a permanently affixed label. For sales in
California over the Internet and paper catalog sales to California,
the bill would require the retailer of juvenile products in
California to display a point-of-sale sign in a specified manner.
   The bill would require the manufacturer of the juvenile product to
retain sufficient documentation to show whether flame retardant
chemicals were added to a juvenile product or component. The bill
would provide that a written statement by the supplier of each
component attesting that flame retardant chemicals were added or not
added is sufficient to make this showing. The bill would require the
bureau to assess a fine for a violation of the documentation
requirement or for failure to provide, upon request, the required
documentation to the bureau, as specified.
   The bill would require a manufacturer of a juvenile product sold
in California, upon request, to provide to the bureau, within 30 days
of the request, documentation establishing the accuracy of the flame
retardant chemical statement on the label. The bill would require
the bureau to provide the Department of Toxic Substances Control with
samples of the juvenile product or components thereof sold in
California from products marked "contains NO added flame retardant
chemicals" for testing for the presence of added flame retardant
chemicals, as specified. If the department's testing shows that a
juvenile product labeled as "contains NO added flame retardant
chemicals" is mislabeled because it contains added flame retardant
chemicals, the bill would authorize the bureau to assess fines for
violations against manufacturers of the juvenile product and
component manufacturers, as specified.
   The bill would require the bureau to make information about any
citation issued pursuant to its provisions available to the public on
its Internet Web site. The bill would also make it the duty of the
bureau to receive consumer complaints.
   The bill would authorize the bureau to adopt regulations to carry
out these provisions.
   Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program.
   The Home Furnishings and Thermal Insulation Act requires that all
mattresses and mattress sets manufactured for sale in this state, and
all seating furniture sold or offered for sale for use in this
state, be fire retardant, as defined. Existing law requires that all
bedding products, other than mattresses and mattress sets, that the
bureau determines to contribute to mattress bedding fires comply with
specified regulations adopted by the bureau.
   Existing law authorizes the chief of the bureau, subject to
specified approval, to exempt items of upholstered furniture that are
not deemed to be a serious fire hazard from these fire retardant
requirements. Existing regulation exempts from these fire retardant
requirements specified articles of upholstered furniture that include
bassinets, booster seats, and car seats that are not used for, or
in, facilities designed for the care or treatment of humans.
   This bill would exempt from the aforementioned fire retardant
requirements under the act specified articles of juvenile products,
as provided.
   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.  Section 19095 is added to the Business and Professions
Code, to read:
   19095.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Component" means the separate constituent parts of juvenile
products sold in California, specifically cover fabrics, barrier
materials, resilient filling materials, and plastic parts.
   (2) "Juvenile product"  includes, but is not limited to,
  means a product subject to the Home Furnishings and
Thermal Insulation Act and intended for use by infants and children
under 12 years of age, such as  a bassinet, booster seat, infant
car seat, changing pad, floor play mat, highchair, highchair pad,
infant bouncer, infant carrier, infant seat, infant swing, infant
walker, nursing pad, nursing pillow, playpen side pad, playard,
portable hook-on chair, stroller, children's nap mat,  baby
carrier that is worn by an adult, and an  and 
infant foam crib mattress.  Products subject to the requirements
of Section 19094 are not subject to the requirements of this section.
 "Juvenile product" does not include products required to meet
federal flammability standards contained in Part 1632 or 1633 of
Title 16 of the Code of Federal Regulations.
   (3) "Added flame retardant chemicals" means flame retardant
chemicals that are present in any juvenile product or component
thereof at levels above 1,000 parts per million.
   (4) "Flame retardant chemical" means any chemical or chemical
compound for which a functional use is to resist or inhibit the
spread of fire. Flame retardant chemicals include, but are not
limited to, halogenated, phosphorous-based, nitrogen-based, and
nanoscale flame retardants, flame retardant chemicals listed as
"designated chemicals" pursuant to Section 105440 of the Health and
Safety Code, and any chemical or chemical compound for which "flame
retardant" appears on the substance Safety Data Sheet (SDS) pursuant
to Section 1910.1200(g) of Title 29 of the Code of Federal
Regulations.
   (5) "Chemical" means either of the following:
   (A) An organic or inorganic substance of a particular molecular
identity, including any combination of those substances occurring, in
whole or in part, as a result of a chemical reaction or occurring in
nature, and any element, ion, or uncombined radical, and any
degradate, metabolite, or reaction product of a substance with a
particular molecular identity.
   (B) A chemical ingredient, which means a substance comprising one
or more substances described in subparagraph (A).
   (6) "Molecular identity" means the substance's properties listed
below:
   (A) Agglomeration state.
   (B) Bulk density.
   (C) Chemical composition, including surface coating.
   (D) Crystal structure.
   (E) Dispersibility.
   (F) Molecular structure.
   (G) Particle density.
   (H) Particle size, size distribution, and surface area.
   (I) Physical form and shape, at room temperature and pressure.
   (J) Physicochemical properties.
   (K) Porosity.
   (L) Solubility in water and biologically relevant fluids.
   (M) Surface charge.
   (N) Surface reactivity.
   (7) "Department" means the Department of Toxic Substances Control.

   (8) "Consumer Price Index" means the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics.
   (b) (1) (A) A manufacturer of juvenile products sold in California
shall indicate whether or not the product contains added flame
retardant chemicals by including the following statement on a label
permanently affixed to the juvenile product:

   "The State of California has determined that this product does not
pose a serious fire hazard. The state has identified many flame
retardant chemicals as being known to, or strongly suspected of,
adversely impacting human health or development.
   This product:
   _____contains added flame retardant chemicals
   _____contains NO added flame retardant chemicals"

   (B) A manufacturer of juvenile products sold in California shall
indicate the absence or presence of added flame retardant chemicals
by placing an "X" in one of the appropriate blanks.
   (2) (A) For sales of juvenile products sold in California via an
Internet Web site, the retailer of juvenile products in California
shall place a point-of-sale sign containing the flame retardant
chemical statement clearly and conspicuously, and in close proximity
to the juvenile product's price, on each Internet Web site page that
contains a detailed description of the juvenile product and its
price. The point-of-sale sign shall be sized and placed so as to
remain clear and conspicuous to a consumer viewing the page.
   (B) For sales of juvenile products sold in California through
paper catalogs, the retailer of juvenile products in California shall
place a point-of-sale sign containing the flame retardant chemical
statement clearly and conspicuously, and in close proximity to the
juvenile product's price, on each page that contains a detailed
description of the juvenile product and its price. The point-of-sale
sign shall be sized and placed so as to remain clear and conspicuous
to consumers.
   (c) (1) The manufacturer of the juvenile product sold in
California shall retain documentation to show whether flame retardant
chemicals were added. A written statement by the supplier of each
component of a juvenile product attesting either that flame retardant
chemicals were added or not added shall be sufficient documentation.

   (2) The bureau shall ensure compliance with the labeling and
documentation requirements in this section.
   (3) (A) Upon request, a manufacturer of a juvenile product sold in
California shall provide to the bureau, within 30 days of the
request, documentation establishing the accuracy of the flame
retardant chemical statement on the label required by subdivision
(b).
   (B) The bureau shall assess fines of not less than two thousand
five hundred dollars ($2,500) but not more than fifteen thousand
dollars ($15,000) in accordance with the factors described in
subdivision (d) for the failure of the manufacturer of the juvenile
product to maintain the documentation required by this section, or
for the failure of the manufacturer of the juvenile product to
provide, upon request, the documentation required by this section to
the bureau. These fines shall replace any other fines in this article
for a violation of the documentation requirements of this section.
This subparagraph does not alter or amend any other penalty otherwise
imposed by this article.
   (C) A manufacturer of juvenile products sold in California and
component suppliers shall be jointly and severally liable for
violations of the documentation required in this section.
   (D) (i) The bureau shall provide the Department of Toxic
Substances Control with a selection of samples from juvenile products
marked "contains NO added flame retardant chemicals" for testing for
the presence of added flame retardant chemicals. The samples shall
be from the components identified in paragraph (1) of subdivision
(a). The bureau shall select samples based on consultation with the
department, taking into account a range of manufacturers and types of
juvenile products. The bureau and the department shall consult on
the tests to be conducted by the department. The department shall
provide the results of any completed test to the bureau. The bureau
shall reimburse the department for the cost of testing for the
presence of added flame retardant chemicals in juvenile products
marked "contains NO added flame retardant chemicals."
   (ii) No later than August 1 of each fiscal year, the bureau shall
assess available resources and determine the number of tests to be
conducted in the corresponding fiscal year, pursuant to this
subparagraph.
   (E) (i) If the department's testing shows that a juvenile product
labeled as "contains NO added flame retardant chemicals" is
mislabeled because it contains added flame retardant chemicals, the
bureau may assess fines for violations against manufacturers of the
juvenile product and component manufacturers to be held jointly and
severally liable for the violation.
   (ii) A fine for a violation of this subparagraph relating to
mislabeling shall be assessed in accordance with the factors
described in subdivision (d) and the following schedule:
   (I) The fine for the first violation shall be not less than one
thousand dollars ($1,000) but not more than two thousand five hundred
dollars ($2,500).
   (II) The fine for the second violation shall be not less than two
thousand five hundred dollars ($2,500) but not more than five
thousand dollars ($5,000).
   (III) The fine for the third violation shall be not less than five
thousand dollars ($5,000) but not more than seven thousand five
hundred dollars ($7,500).
   (IV) The fine for any subsequent violation shall be not less than
seven thousand five hundred dollars ($7,500) but not more than ten
thousand dollars ($10,000).
   (iii) The fines in clause (ii) shall replace any other fines in
this article for a violation of the testing requirements of this
section. This clause does not alter or amend any other penalty
otherwise imposed by this article.
   (iv) If the department's testing shows that a juvenile product
labeled as "contains NO added flame retardant chemicals" is
mislabeled because it contains added flame retardant chemicals, in
addition to a fine or any other request, the bureau may request that
the label required by subdivision (b) for juvenile products that
belong to the same stock keeping unit (SKU) currently produced by the
manufacturer be corrected to reflect that flame retardant chemicals
are added to the juvenile product.
   (v) If the department's testing shows that a juvenile product
labeled as "contains NO added flame retardant chemicals" is
mislabeled because it contains added flame retardant chemicals, in
addition to a fine or any other request, the bureau may request
additional testing of more products belonging to the same stock
keeping unit (SKU) at the manufacturer's expense to verify the
accuracy of the label required by subdivision (b) for juvenile
products if the manufacturer wishes to retain the "contains NO added
flame retardant chemicals" designation on the label required by
subdivision (b).
   (d) (1) The bureau shall make information about any citation
issued pursuant to this section available to the public on its
Internet Web site.
   (2) In determining the amount of the fine for violations of this
section, the bureau shall consider the following factors:
   (A) The nature and severity of the violation.
   (B) The good or bad faith of the cited person.
   (C) The history of previous violations.
   (D) Evidence that the violation was willful.
   (E) The extent to which the cited person or entity has cooperated
with the bureau.
   (3) (A) The bureau shall adjust all minimum and maximum fines
imposed by this section for inflation every five years.
   (B) The adjustment shall be equivalent to the percentage, if any,
that the Consumer Price Index at the time of adjustment exceeds the
Consumer Price Index at the time this section goes into effect. Any
increase determined under this paragraph shall be rounded as follows:

   (i) In multiples of ten dollars ($10) in the case of penalties
less than or equal to one hundred dollars ($100).
   (ii) In multiples of one hundred dollars ($100) in the case of
penalties greater than one hundred dollars ($100) but less than or
equal to one thousand dollars ($1,000).
   (iii) In multiples of one thousand dollars ($1,000) in the case of
penalties greater than one thousand dollars ($1,000).
   (4) It shall be the duty of the bureau to receive complaints from
consumers concerning juvenile products sold in California.
   (e) The bureau may adopt regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) to
carry out this section.
  SEC. 2.  Section 19161.4 is added to the Business and Professions
Code, to read:
   19161.4.  The requirements of Section 19161 shall not apply to
juvenile products, as defined in Section 19095.
  SEC. 3.  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.