Today's Law As Amended


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AB-495 Cosmetics: safety.(2019-2020)



As Amends the Law Today


SECTION 1.
 This act shall be known, and may be cited, as the Toxic-Free Cosmetics Act.

SEC. 2.

 Section 111673 is added to the Health and Safety Code, to read:

111673.
 (a) Except as otherwise provided in subdivision (b), a cosmetic is adulterated if it contains any of the following:
(1) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.
(2) Beginning July 1, 2023, lead above a de minimis amount in the cosmetic. The Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis concentration of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis concentration shall comply with the requirements specified in subparagraph (B) of paragraph (4).
(3) Beginning January 1, 2022, any amount of the following intentionally added ingredients:
(A) Dibutyl phthalate.
(B) Diethylhexyl phthalate.
(C) Formaldehyde.
(D) Paraformaldehyde.
(E) Methylene glycol.
(F) Quaternium-15.
(G) Mercury.
(H) Isobutylparaben.
(I) Isopropylparaben.
(J) m-Phenylenediamine.
(K) o-Phenylenediamine.
(L) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:
(i) Perfluorooctane sulfonate (PFOS).
(ii) Perfluorooctanoic acid (PFOA).
(iii) Perfluorodecanoic acid (PFDA).
(iv) Perfluorononanoic acid (PFNA).
(4) A chemical or contaminant, other than those listed in paragraphs (1), (2), and (3), identified by the department by regulation. The department may identify additional chemicals and contaminants only if the chemicals and contaminants satisfy both of the following conditions:
(A) The contaminant or chemical is listed as a banned substance in Annex II of Regulation No. 1223/2009 of the European Parliament and of the Council or in any updates to that Annex.
(B) If the department adopts an allowable de minimis concentration of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis concentration shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children.
(b) If a cosmetic product made through manufacturing processes intended to comply with this part contains a chemical or contaminant listed in paragraph (3) of subdivision (a) or identified pursuant to paragraph (4) of subdivision (a) that was not intentionally added and was technically unavoidable or present due to migration from other sources, the presence of the chemical or contaminant shall not cause the cosmetic product to be considered adulterated under this part.

SEC. 3.

 Section 111794 is added to the Health and Safety Code, to read:

111794.
 (a) Failure to comply with any of the following is a violation of this part:
(1) The requirements of this article.
(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.
(3) Guidelines or instructions issued by the division to implement this article.
(b) The division shall report all violations of this article to the Department of Justice.
SEC. 4.
 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.