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

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Date Published: 07/10/2017 02:00 PM
AB1575:v92#DOCUMENT

Amended  IN  Senate  July 10, 2017
Amended  IN  Senate  June 26, 2017
Amended  IN  Senate  June 21, 2017
Amended  IN  Assembly  May 30, 2017
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
(Principal coauthor: Senator Jackson)
(Coauthor: Assembly Member Chiu)

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 a professional cosmetic manufactured on or after July 1, 2019, for sale to a professional for use in this state to declare its ingredients on the container label by having the content of the container label comply with the requirements in the same manner as required for a cosmetic that is regulated by in this state to have a label affixed on the container that satisfies all of the labeling requirements required for any other cosmetic pursuant to specific federal laws. 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 define terms for its purposes and 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) Most cosmetologists and manicurists are of reproductive age and, therefore, are particularly vulnerable to chemical exposures.
(c) It is estimated that as many as 59 to 80 percent of manicurists in California are Vietnamese immigrants, many with limited English skills.
(d) Existing federal law does not regulate professional cosmetics in the same manner as cosmetics sold to consumers. 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) A professional cosmetic manufactured on or after July 1, 2019, for sale to a professional for use in this state shall declare its ingredients on the container label by having the content of the container label comply with the requirements in the same manner as required for a cosmetic that is regulated by in this state shall have a label affixed on the container that satisfies all of the labeling requirements required for any other cosmetic pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301, et seq.), and the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451, et seq.).
(b) The following definitions shall apply to this section:
(1) “Ingredient” has the same meaning as in Section 111791.5.
(2) “Professional” means a person that has been granted a license by the State Board of Barbering and Cosmetology 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.