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SB-258 Cleaning Product Right to Know Act of 2017.(2017-2018)

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Date Published: 03/20/2017 09:00 PM
SB258:v98#DOCUMENT

Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 258


Introduced by Senator Lara

February 08, 2017


An act to add Chapter 13 (commencing with Section 108950) to Part 3 of Division 104 of the Health and Safety Code, and to add Section 6414 to the Labor Code, relating to consumer product safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 258, as amended, Lara. Cleaning Product Right to Know Act of 2017.
Existing law regulates the existence of, and disclosure of, specified chemicals and components in consumer products, including phthalates and bisphenol A.
This bill would require a manufacturer of a cleaning product, as defined, that is manufactured or sold in the state on or after January 1, 2018, to disclose ingredients or contaminants of concern contained in and health impact information related to the cleaning product on the product label, post the cleaning product ingredient information on the manufacturer’s Internet Web site, and include specified information on the cleaning product’s label concerning ingredients or contaminants of concern contained in the cleaning product, including Internet Web sites where more information may be found. The bill would require the California Environmental Protection Agency to develop a pictogram to communicate those potential health concerns. The bill would prohibit a manufacturer from manufacturing or selling a cleaning product in the state unless the product complies with these provisions. The bill would require an employer to identify a cleaning product and list the ingredients or contaminants of concern of the product in the manner described above on any container used in the workplace into which a cleaning product is transferred. The bill would make related legislative findings and declarations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Cleaning products are used by millions of Californians every day.
(b) Cleaning products contain thousands of chemicals, many of which have been associated in scientific studies with cancer, asthma and other respiratory damage, skin allergies, and reproductive, developmental, and hormonal changes.
(c) Scientific studies have shown that chemicals from cleaning products can be found in urine, breast milk, and blood, including the umbilical cord blood of newborns.
(d) Many of the chemicals found in cleaning products have negative impacts on our water quality and environment.
(e) The cleaning workforce, in particular low-income and minority workers, is disproportionately impacted by exposure to unsafe chemicals in cleaning products. Janitorial workers and domestic cleaners have higher rates of asthma and respiratory illnesses, and, in the case of pregnant workers, higher rates of birth defects.
(f) Ingredient labels are mandatory for food, retail cosmetics, and drugs, but not for cleaning products.
(g) Knowing what chemicals are included in a product is an important factor in helping consumers, workers, and employers select cleaning products that minimize public health impacts, particularly for vulnerable populations such as children, pregnant women, cancer survivors, and individuals with health conditions such as asthma, allergies, or other sensitivities.
(h) The lack of cleaning product ingredient disclosure creates an obstacle to consumers’ and workers’ “right to know” and prevents people from making informed purchases.
(i) Many Californians mistakenly believe that existing state or federal law already requires cleaning product manufacturers and distributors to fully disclose ingredients on product labels.
(j) Companies that want to provide full ingredient disclosure to their potential customers do not have a clear and consistent set of rules to do so, creating confusion among businesses and customers.
(k) Therefore, it is the intent of the legislature Legislature to require a manufacturer of a cleaning product manufactured or sold in the state to list the ingredients included in the cleaning product on the product label.

SEC. 2.

 Chapter 13 (commencing with Section 108950) is added to Part 3 of Division 104 of the Health and Safety Code, to read:
CHAPTER  13. Cleaning Product Right to Know Act of 2017

108950.
 (a) It is the intent of the Legislature to reduce public health impacts from exposure to potentially harmful chemicals in cleaning products by requiring cleaning product manufacturers to provide a full and complete list of the chemicals used in their products, and to require employers to provide a full and complete list of chemicals in cleaning products used by their employees, in order to maximize the information available to workers, consumers, employees, companies, and employers.
(b) This chapter shall be known, and may be cited as, the Cleaning Product Right to Know Act of 2017.

108952.
 For purposes of this chapter, the following definitions shall apply:
(a) “Air care product” means a chemically formulated consumer product designed, designed or labeled to indicate that the purpose of the product is, is to mask odors or to freshen, clean, scent, or deodorize the air.
(b) “Automotive product” means a chemically formulated consumer product designed, designed or labeled to indicate that the purpose of the product is, 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.
(c) “Chemical” means either of the following:
(1) An organic or inorganic substance of a particular molecular identity, including any combination of those substances occurring, in whole or in part, as a result of a chemical reaction or occurring in nature, and any element, ion, or uncombined radical, and any degradate, metabolite, or reaction product of a substance with a particular molecular identity.
(2) A chemical ingredient, which means a substance comprising one or more substances described in paragraph (1).

(c)

(d) “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 user is not considered further processing.

(d)

(e) “Cleaning product” means any product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, general cleaning product, or a polish or floor maintenance product.

(e)

(f) “Contaminant of concern” means a chemical present in the product at or above the practical limit of detection quantitation limit that has no functional or technical effect in the finished product and is included in the list of candidate chemicals as defined in subdivision (i), (j), is included among the allergenic fragrances that appear on the list in Annex III of EU Cosmetics Regulation 1223/2009, or is included in subsequent updates to either list.

(f)

(g) “Department” means the Department of Toxic Substances Control.

(g)

(h) “General cleaning product” means a soap, detergent, or other chemically formulated consumer product designed, designed or labeled to indicate that the purpose of the product is, is to clean, disinfect, or otherwise care for fabric, dishes or other wares, surfaces including, but not limited to, floors, furniture, countertops, showers and baths, or other hard surfaces, such as stovetops, microwaves, and other appliances.

(h)

(i) “Ingredient” means a chemical that has a functional or technical effect on the product, including, but not limited to, the components of fragrances and coloring agents.

(i)

(j) “List of candidate chemicals” means the list of chemicals identified as candidate chemicals that exhibit a hazard trait or an environmental or toxicological endpoint and that meets the criteria specified in regulations adopted by the department pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20, and is published on the Internet Web site of the Department of Toxic Substances Control pursuant to those regulations.

(j)

(k) “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.
(l) “Molecular identity” means the substance’s properties listed below:
(1) Agglomeration state.
(2) Bulk density.
(3) Chemical composition, including surface coating.
(4) Crystal structure.
(5) Dispersability.
(6) Molecular structure.
(7) Particle density.
(8) Particle size, size distribution, and surface area.
(9) Physical form and shape, at room temperature and pressure.
(10) Physicochemical properties.
(11) Porosity.
(12) Solubility in water and biologically relevant fluids.
(13) Surface charge.
(14) Surface reactivity.

(k)

(m) “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.
(n) “Practical quantitation limit” means the lowest concentration of a chemical that can be reliably measured within specified limits of precision and accuracy using routine laboratory procedures.

108954.
 (a) A manufacturer of a cleaning product manufactured or sold in the state shall disclose on the cleaning product label all of the following:
(1) A list of each ingredient and contaminant of concern contained in the cleaning product, in descending order of predominance. An ingredient present at a concentration of not more than 1 percent may be listed without respect to order of predominance following the other ingredients and contaminants of concern.
(2) A pictogram which that communicates the potential health impacts of any of the ingredients or contaminants of concern in the product that appear on the list of candidate chemicals or among the allergenic fragrances that appear on the list of Annex III of EU Cosmetics Regulation 1223/2009. 1223/2009, or that appear in subsequent updates to either list. The California Environmental Protection Agency shall develop the model pictogram to be used pursuant to this paragraph.
(3) A statement directing the consumer to the manufacturer’s Internet Web site for information concerning ingredients contained in the product and listed pursuant to subdivision (b).
(b) The manufacturer of a cleaning product shall post on its Internet Web site, in an electronically readable format, a list of all ingredients and contaminants of concern contained in the product, in descending order of predominance, including each ingredient or contaminant of concern’s name, its Chemical Abstract Abstracts Service (CAS) number, and the functional purpose served by the ingredient or contaminant of concern. ingredient. An ingredient or contaminant of concern present at a concentration below 1 percent may be listed in any order following the other ingredients and contaminants of concern.
(c) If the list of ingredients and contaminants of concern required pursuant to paragraph (1) of subdivision (b) includes a chemical that appears on the list of candidate chemicals or is an allergenic fragrance that appears on the list in Annex III of EU Cosmetics Regulation 1223/2009, or is included in subsequent updates to either list, the manufacturer shall include on the label a statement that information about potential health impacts of the ingredients may be obtained from its Internet Web site, and on its Internet Web site shall provide Internet Web links to each of the following lists on which the chemical or chemicals appear:
(1) The list of candidate chemicals, posted on the Internet Web site of the department.
(2) Annex III of EU Cosmetics Regulation 1223/2009.
(d) An ingredient or contaminant of concern listed or posted pursuant to this section shall be listed or posted 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 or contaminant of concern shall be listed by its International Nomenclature of Cosmetic Ingredients (INCI) name. If an INCI name is also not available, an ingredient or contaminant of concern shall be listed by its International Union of Pure and Applied Chemistry (IUPAC) name. If an IUPAC name is also not available, an ingredient or contaminant of concern shall be listed by its common chemical name and the Chemical Abstract Abstracts Service (CAS) number.
(e) To protect trade secrets, this section shall not be construed to require a manufacturer to disclose the weight or amount of an ingredient or contaminant of concern or how a cleaning product is manufactured, and shall not require ingredients or contaminants of concern present at a concentration below one percent 1 percent to be listed in any paprticular particular order, except as required by paragraph (1) of subdivision (a) and subdivision (b).
(f) A manufacturer shall adopt a uniform Quick Response (QR) code that is readable by an electronic mobile device and display the QR code on a cleaning product that contains a chemical on the list of candidate chemicals for the purpose of providing a warning that the cleaning product contains toxic chemicals.

(g)The requirements of this section apply to a cleaning product manufactured or sold in the state on or after January 1, 2018.

108956.
 (a) The requirements of this chapter apply to a cleaning product manufactured or sold in the state on or after January 1, 2018.
(b) A manufacturer may label a cleaning product manufactured before January 1, 2018, pursuant to Section 108954. this chapter.

108958.
 A cleaning product shall not be manufactured or sold in the state unless the product complies with the requirements of Section 108954. this chapter.

SEC. 3.

 Section 6414 is added to the Labor Code, to read:

6414.
 An employer shall include on any container into which a cleaning product, as defined in Section 108952 of the Health and Safety Code, is transferred, a label that includes all of the following information:
(a) The name of the cleaning product in the container.
(b) A list of ingredients and contaminants of concern in the cleaning product in the format required by Section 108954 of the Health and Safety Code.
(c) A pictogram of potential health impacts of any ingredients in the cleaning product in the form required by paragraph (2) of subdivision (a) of Section 108954 of the Health and Safety Code.