Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

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

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/20/2017 09:00 PM
AB1575:v97#DOCUMENT

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 Sections 110371 and 111856 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 the ingredients by the common or usual name of each ingredient, listed in order of weight, and a statement would require a manufacturer to provide a statement on the label regarding the ingredients, if they are specified hazardous chemicals. The bill would also require the a manufacturer with an Internet Web site to state the address on the container label its Internet Web site address and further require the manufacturer to state the ingredients on its Internet Web site the ingredients 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. The bill would also provide civil penalties, of not less than $10,000 or $25,000 per day for a violation of the law relating to cosmetics and professional cosmetics, as specified. The bill would make legislative findings in support of its provisions.
(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) On Notwithstanding Section 110340, on and after January 1, 2019, a manufacturer of a professional cosmetic sold, including, but not limited to, sold by 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 dtsc.ca.gov/SCP/CandidateChemicals.cfm for more information.”
(c) The following definitions shall apply to this section and Section 11856: 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.Section 111856 is added to the Health and Safety Code, to read:
111856.

(a)If any person violates any provision of this part in relation to professional cosmetics, or any regulation adopted pursuant to this part related to professional cosmetics, the department shall assess a civil penalty against that person as provided by this section. Penalties related to cosmetics collected pursuant to this section shall be paid to the Department of Public Health and available upon appropriation by the Legislature. The department shall recover all costs and fees and all reasonable costs incurred by the department in investigation and administrative enforcement of this part related to professional cosmetics.

(b)For violations of this part in relation to professional cosmetics, the penalty shall be in an amount not less than ten thousand dollars ($10,000) per day, unless the penalty is for a violation of Section 111825, in which case the penalty may be in an amount not less than twenty-five thousand dollars ($25,000) per day. Each day a violation continues shall be considered a separate violation.

(c)If, after examination of a possible violation and the facts surrounding that possible violation, the department concludes that a violation has occurred, the department may issue a complaint to the person charged with the violation. The complaint shall allege the acts or failures to act that constitute the basis for the violation and the amount of the penalty. The complaint shall be served by personal service or by certified mail and shall inform the person so served of the right to a hearing.

(d)Any person served with a complaint pursuant to subdivision (c) may, within 20 days after service of the complaint, request a hearing by filing with the department a notice of defense. A notice of defense is deemed to have been filed within the 20-day period if it is postmarked within the 20-day period. If a hearing is requested by the person, it shall be conducted within 90 days after the receipt by the department of the notice of defense. If no notice of defense is filed within 20 days after service of the complaint, the department shall issue an order setting the penalty as proposed in the complaint unless the department and the person have entered into a settlement agreement, in which case the department shall issue an order setting the penalty in the amount specified in the settlement agreement. When the person has not filed a notice of defense or where the department and the person have entered into a settlement agreement, the order shall not be subject to review by any court or agency.

(e)Any hearing required under this section shall be conducted pursuant to the procedures specified in Section 100171, except to the extent they are inconsistent with the specific requirements of this section.

(f)Orders setting civil penalties under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint.

(g)Within 30 days after service of a copy of a decision issued by the director after a hearing, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of the decision or order of the director in any judicial proceeding brought to enforce the decision or order or for other remedies. Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this part or the accrual of any penalties assessed pursuant to this section. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.

(h)The remedies under this section are in addition to, and do not supersede, or limit, any and all other remedies, civil or criminal.

SEC. 4.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.