Bill Text: CA SB977 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Sherman Food, Drug, and Cosmetic Law: nail polish.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-21 - In Senate. Consideration of Governor's veto pending. [SB977 Detail]

Download: California-2011-SB977-Amended.html

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BILL NUMBER: SB 977	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 4, 2012
	AMENDED IN SENATE  MAY 7, 2012

INTRODUCED BY   Senator Yee

                        JANUARY 23, 2012

   An act to amend Section 111825 of the Health and Safety Code,
relating to the Sherman Food, Drug, and Cosmetic Law, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 977, as amended, Yee. Sherman Food, Drug, and Cosmetic Law:
nail polish.
   Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman
Law), requires the State Department of Public Health to regulate the
manufacture, sale, labeling, and advertising activities related to
food, drugs, devices, and cosmetics in conformity with the federal
Food, Drug, and Cosmetic Act.  The Sherman Law prohibits the
misbranding of a cosmetic.  A violation of these provisions is a
crime.  Existing law, the California Safe Cosmetics Act of
2005, which is within the Sherman Law, requires certain manufacturers
of cosmetic products subject to regulation by the federal Food and
Drug Administration that are sold in the state to provide the
department with a complete and accurate list of their cosmetic
products that contain any chemical identified as causing cancer or
reproductive toxicity, as specified. 
   This bill would increase the criminal penalty for specified
violations by a nail polish manufacturer of the  California
Safe Cosmetics Act of 2005   misbranding prohibitions of
the Sherman Law  to a maximum of  $5,000  
$15,000  .
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 111825 of the Health and Safety Code is amended
to read:
   111825.  (a) Any person who violates any provision of this part or
any regulation adopted pursuant to this part shall, if convicted, be
subject to imprisonment for not more than one year in the county
jail or a fine of not more than one thousand dollars ($1,000), or
both the imprisonment and fine.
   (b) Notwithstanding subdivision (a), any person who violates
Section 111865 by removing, selling, or disposing of an embargoed
food, drug, device, or cosmetic without the permission of an
authorized agent of the department or court shall, if convicted, be
subject to imprisonment for not more than one year in the county jail
or a fine of not more than ten thousand dollars ($10,000), or both
the fine and imprisonment.
   (c) Notwithstanding subdivision (a), a manufacturer, as defined in
Section 111791.5, of nail polish that violates Article  3.5
(commencing with Section 111791)   3 (commencing with
Section 111730) of Chapter 7  or any regulation adopted pursuant
to this article shall, if convicted, be subject to a fine of not
more than  five   fifteen  thousand dollars
 ($5,000)   ($15,000)  .
   (d) If the violation is committed after a previous conviction
under this section that has become final, or if the violation is
committed with intent to defraud or mislead, or if the person
committed a violation of Section 110625 or 111300 that was
intentional or that was intended to cause injury, the person shall be
subject to imprisonment for not more than one year in the county
jail, imprisonment in state prison, or a fine of not more than ten
thousand dollars ($10,000), or both the imprisonment and fine.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the health and safety of  consumers and
nail  salon workers  and consumers of  
from misleading claims and advertisements concerning  nail
polish  from the harmful effects of some of the 
ingredients  of nail polish   and proper use
 , it is necessary that this act take effect immediately as an
urgency statute.