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AB-708 Consumer products: content information. (2015-2016)

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Amended  IN  Assembly  January 27, 2016
Amended  IN  Assembly  September 11, 2015
Amended  IN  Assembly  June 02, 2015
Amended  IN  Assembly  April 30, 2015
Amended  IN  Assembly  April 14, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 708


Introduced by Assembly Member Jones-Sawyer
(Coauthor: Assembly Member McCarty)
(Coauthors: Senators Leno and Pavley)

February 25, 2015


An act to add Chapter 13 (commencing with Section 108950) to Part 3 of Division 104 of the Health and Safety Code, relating to consumer product safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 708, as amended, Jones-Sawyer. Consumer products: content information.
Existing law regulates the labeling and use of various consumer products, including toys and toxic household products.
This bill would, commencing January 1, 2017, require the manufacturer of cleaning products for retail sale in this state to disclose each ingredient contained in the product on the product label, as specified, post the product ingredient information and certain additional information on the manufacturer’s Internet Web site, site and provide the Internet Web site and page address on the product label, along with a prescribed statement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 13 (commencing with Section 108950) is added to Part 3 of Division 104 of the Health and Safety Code, to read:
CHAPTER  13. Chemically Formulated Consumer Products

108950.
 For purposes of this chapter, the following definitions shall apply:
(a) “Chemically formulated consumer product” means a consumer product, as defined in subdivision (e) of Section 25251, but excluding home appliances, 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) “Cleaning 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, to mask odors or to freshen, clean, scent, or deodorize 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) “General 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.
(c)  “Incidental ingredient” means a contaminant in or on feedstock, water, or processing equipment, or byproducts or intermediates unintentionally introduced during formulation, that are present at a level of 25 parts per million or more and have no technical or functional effect in the finished cleaning product.

(c)

(d) “Ingredient” means a chemical in intentionally added to a cleaning product. product or the intentional breakdown product of a chemical that has an effect on the cleaning product. “Ingredient” does not include an incidental ingredient.

(d)

(e) “Manufacturer” means a person or entity that manufactures, assembles, produces, packages, repackages, or relabels a cleaning product that is sold or used in this state.

108952.
 The manufacturer of a cleaning product manufactured after January 1, 2017, for retail sale in this state, shall disclose each ingredient contained in the product on the product label, post the product ingredient information on the manufacturer’s Internet Web site, site and provide the Internet Web site and page address on the label of the cleaning product along with a statement directing the consumer to the Internet Web site for information concerning a full list of ingredients contained in the product. Each ingredient shall have an explanation of its purpose for being in the cleaning product on the manufacturer’s Internet Web site.

108954.
 (a) (1) For purposes of disclosing each ingredient contained in the cleaning product on the product label, the 20 most predominant manufacturer’s Internet Web site, the ingredients shall be listed in descending order. If there are more than 20 ingredients, the label shall also state that a listing of all ingredients is available at the manufacturer’s Internet Web site. order of predominance.

(2)In addition to paragraph (1), if the product contains any additional ingredient listed on the informational list of candidate chemicals posted on the Internet Web site of the department pursuant to Section 69502.3 of Title 22 of the California Code of Regulations, that ingredient shall be listed on the label in descending order of predominance.

(3)

(2) The manufacturer is not required to list the weight of an ingredient in the product on the label or the manufacturer’s Internet Web site.

(4)

(3) Notwithstanding any other provision of this subdivision, an ingredient present at a concentration of not more than 1 percent may be listed after the ingredients present at a concentration of more than 1 percent without respect to order of predominance.
(b) (1)An ingredient shall be listed by its Consumer Specialty Products Association (CSPA) Consumer Product Ingredients Dictionary name. If a CSPA Consumer Product Ingredients Dictionary name is not available, an ingredient shall be listed by its International Nomenclature Cosmetic Ingredient (INCI) name. If an INCI name is also not available, an ingredient shall be listed by its International Union of Pure and Applied Chemistry (IUPAC) name. If an IUPAC name is also not available, an ingredient shall be listed by its common chemical name and the Chemical Abstract Service (CAS) number.

(2)The CAS number of an ingredient need only be included on the ingredient list provided on the manufacturer’s Internet Web site.

(c) If the product contains a chemical listed on the informational list of candidate chemicals posted on the Internet Web site of the department pursuant to Section 69502.3 of Title 22 of the California Code of Regulations, the manufacturer shall post on its Internet Web site a statement that additional information about any potential health impacts of the ingredients may be obtained from the Internet Web sites for the following and shall post a link to the Internet Web sites:
(1) The informational list of candidate chemicals posted on the Internet Web site of the department pursuant to Section 69502.3 of Title 22 of the California Code of Regulations.
(2) The Household Products Database of the National Library of Medicine.

(d)The manufacturer shall update its product labels, if necessary, no later than one year after a new chemical is added to the list of candidate chemicals posted on the Internet Web site of the department pursuant to Section 69502.3 of Title 22 of the California Code of Regulations.