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AB-1575 Professional cosmetics: labeling requirements.(2017-2018)

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Date Published: 04/27/2017 09:00 PM
AB1575:v96#DOCUMENT

Amended  IN  Assembly  April 27, 2017
Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1575


Introduced by Assembly Member Kalra

February 17, 2017


An act to add Section 110371 to the Health and Safety Code, relating to professional cosmetics.


LEGISLATIVE COUNSEL'S DIGEST


AB 1575, as amended, Kalra. Professional cosmetics: labeling requirements.
(1) The Sherman Food, Drug, and Cosmetic Law, among other things, regulates the labeling of cosmetics and authorizes the State Department of Public Health to require a cosmetic label to list ingredients under specified circumstances. The law generally defines the term “cosmetic” as an article, or its components, intended to be applied to the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. The law makes a violation of its provisions a crime.
This bill would require, on and after January 1, 2019, a manufacturer of a professional cosmetic sold or manufactured in this state to declare the ingredients on the container label by the common or usual name of each ingredient, listed in order of weight, and would require a manufacturer to provide a statement on the label regarding the ingredients, if they are specified hazardous chemicals. weight. The bill would also require a manufacturer with an Internet Web site to state the Internet address on the container label and further require the manufacturer to state the ingredients on its Internet Web site in a specified manner. By expanding the requirements of this law, the bill would expand the scope of a crime, and thus would impose a state-mandated local program.
(2) 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   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) According to the State Board of Barbering and Cosmetology, there are over 129,000 licensed manicurists, and almost 53,000 licensed salon businesses, many of which provide manicure services. There are over 312,000 licensed cosmetologists who are licensed to provide nail and hair services.
(b) On a daily basis, for long hours, salon professionals handle beauty care products containing a multitude of chemicals known or suspected to cause both acute harm, including, among others, headaches, rashes, nausea, and breathing difficulty, and chronic harm, including, among others, miscarriages, birth defects, cancer, and respiratory illness.
(c) The International Agency for Research on Cancer lists “occupational exposures as a hairdresser or barber” as a probable carcinogen.
(d) Most cosmetologists and manicurists are of reproductive age, and therefore, are particularly vulnerable to chemical exposures.
(e) It is estimated that as many as 59 to 80 percent of manicurists in California are Vietnamese immigrants, many with limited English skills.
(f) Many chemicals in professional cosmetics can cause serious harm and include, but are not limited to, all of the following:
(1) Dibutyl phthalate (DBP) (nail polish, bases, and top coats) is a female and male reproductive toxicant and a developmental toxicant linked to birth defects.
(2) Diethyl phthalate (fragranced shampoos and conditioners) can cause reproductive and developmental harm, particularly for boys and men, and decreases pulmonary function.
(3) Formaldehyde or methylene glycol (nail polish, bases, hardener, and top coats, keratin hair straightening treatments, and products that use formaldehyde-releasing compounds, such as preservatives) is a carcinogen known to cause respiratory harm and allergic dermatitis, may be linked to reproductive harm, and irritates the eyes, nose, throat, and skin.
(4) Sodium hydroxide or lye (hair relaxers and hair removers) is extremely corrosive and can cause pain, redness, burns, eye damage, and blistering and result in permanent scarring and hair loss.
(5) Titanium dioxide (nail polish) is a carcinogen.
(6) Toluene (nail polish, bases, and top coats, fingernail glue and thinners, wig glue, and hairpiece bonding) is a neurological and developmental toxicant that can cause headaches, dizziness, nausea, symptoms similar to drunkenness, and loss of short-term memory and may contribute to spontaneous abortions or other harm to unborn children.
(g) Chemicals in professional cosmetics can also be harmful to salon customers. Endocrine-disrupting chemicals can cause harm at very low levels of exposure.
(h) Existing federal law does not regulate professional cosmetics in the same manner as nonprofessional cosmetics. Information on the ingredients in professional salon products is essential to ensuring that workers and owners can make safer product choices and take steps to protect themselves and their customers against harmful exposures.

SEC. 2.

 Section 110371 is added to the Health and Safety Code, to read:

110371.
 (a) Notwithstanding Section 110340, on and after January 1, 2019, a manufacturer of a professional cosmetic sold, including, but not limited to, sold via the Internet, or manufactured in this state shall do all of the following:
(1) Declare the ingredients on the container label by the common or usual name of each ingredient and list in order of decreasing predominance by weight. An ingredient present at a concentration of not more than 1 percent may be listed without respect to order of predominance following other ingredients and contaminant of concern.
(2) Provide its Internet Web site address on the container label with a statement directing product users to the manufacturer’s Internet Web site, and post on its Internet Web site the ingredients in a standard format that is readable in an electronic format. This paragraph does not apply to manufacturers that do not have an Internet Web site.

(b)If one or more of the ingredients in the professional cosmetic are hazardous chemicals and are listed in the California Environmental Protection Agency Department of Toxic Substances Control (DTSC) Candidate Chemical lists, the manufacturer shall provide the following statement on the container label: “Some of these chemical ingredients may be harmful to your health. Go to the DTSC Candidate Chemical Web site at dtsc.ca.gov/SCP/CandidateChemicals.cfm for more information.”

(c)

(b) The following definitions shall apply to this section:
(1) “Ingredient” means a chemical that has a functional or technical effect on the product, including coloring agents, but not including fragrance.
(2) “Professional” means a person that has been granted a license by a state board, legal agency, or legal authority to practice in the field of cosmetology, nail care, barbering, or esthetics.
(3) “Professional cosmetic” means a cosmetic product as it is defined in Section 109900 that is intended or marketed to be used only by a professional on account of a specific ingredient, increased concentration of an ingredient, or other quality that requires safe handling, or is otherwise used by a professional.

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.