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

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Date Published: 07/13/2017 09:00 PM
SB258:v95#DOCUMENT

Amended  IN  Assembly  July 13, 2017
Amended  IN  Assembly  July 06, 2017
Amended  IN  Assembly  June 27, 2017
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 6398.5 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 designated product, as defined, that is sold in the state to disclose on the product label and on the product-specific Internet Web site information related to chemicals contained in the designated product, as specified. The bill would authorize a manufacturer to protect certain chemicals from disclosure by use of a generic name, as specified. The bill would prohibit the sale in the state of a designated product that does not satisfy these requirements.
Existing law, the Hazardous Substances Information and Training Act, ensures the transmission of necessary information to employees regarding the properties and potential hazards of hazardous substances in the workplace. A serious and knowing or negligent violation of the act by an employer and every officer, management official, or supervisor having direction, management, control, or custody of any employment, place of employment, or of any other employee is a crime. Existing law requires the Occupational Safety and Health Standards Board to adopt a standard setting forth an employer’s duties toward its employees consistent with specified guidelines, including, among other things, that the employer shall make a safety data sheets on substances in the workplace available to employees, collective bargaining representatives, or employee physicians.
This bill would require an employer that is required to make a safety data sheet readily accessible to an employee pursuant to that standard to make readily accessible in the same manner, for designated products in the workplace, certain information included in the online disclosures described above relating to chemicals contained in those products. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program.
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) 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) Sensitive subpopulations, including janitorial workers and domestic cleaners, may be disproportionately impacted by exposure to 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.
(e) Ingredient labels are mandatory for food, retail cosmetics, and drugs, but not for cleaning products.
(f) 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.
(g) Enhanced cleaning product ingredient disclosure provides consumers and workers with “right to know” information, which encourages and promotes informed purchasing decisions. Ingredient information contained on product labels, posted on manufacturers’ Internet Web sites, and available via toll-free telephone numbers provides the opportunity for consumers to obtain meaningful information and ask questions about the ingredients in these products.
(h) Many Californians mistakenly believe that existing state or federal law already requires cleaning product manufacturers and distributors to provide enhanced ingredient disclosure on product labels.
(i) Companies that want to provide enhanced ingredient disclosure to their potential customers would benefit from a consistent set of rules to do so.
(j) Therefore, it is the intent of the Legislature to require a manufacturer of designated products sold in the state to list specified ingredients on the product label and on the manufacturer’s Internet Web site.

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 provide consumers and workers with ingredient information about designated products that encourages informed purchasing decisions and reduces public health impacts from exposure to potentially harmful chemicals in designated products by requiring product manufacturers to provide a specific list of the chemicals used in their products, and requiring specified employers to provide that information to their employees.
(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 or labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air.
(b) “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.
(c) “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 to be used by household, institutional, and commercial consumers without further processing for specific purposes. For the purposes of this subdivision, dilution by the user is not considered further processing.
(d) “Colorant” means ingredients that, alone or in combination with other ingredients, are added to a product for the specific purpose of imparting or altering the color of a product.
(e) “Confidential business information” means any ingredient or combination of ingredients that a manufacturer or its suppliers have claimed on the federal Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Confidential Inventory, or for which the manufacturer or its suppliers claim protection under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code).
(f) “Designated product” means an air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for commercial janitorial, domestic, or institutional cleaning purposes. “Designated product” shall not mean any of the following:
(1) Foods, drugs, and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap.
(2) Industrial products specifically manufactured for, and exclusively used in, oil and gas production, steel production, heavy industry manufacturing, industrial water treatment, industrial textile maintenance and processing other than industrial laundering, food and beverage processing and packaging, or other industrial manufacturing processes.
(3) A trial sample of a designated product that satisfies both of the following:
(A) The trial sample is included with the purchase of a separate home appliance, and obtaining the home appliance is the primary purpose and intent of the purchase.
(B) The trial sample is not packaged for individual sale, resale, or retail.
(g) “Designated trait list” means any of the following, including subsequent revisions when adopted by the authoritative body:
(1) Chemicals known to cause cancer or reproductive toxicity that are listed pursuant to Section 25249.8.
(2) Chemicals classified by the European Union as carcinogens, mutagens, or reproductive toxicants pursuant to Category 1A and 1B in Annex VI to Regulation (EC) 1272/2008.
(3) Chemicals included in the European Union Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(f) for endocrine disrupting properties.
(4) Chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the federal Environmental Protection Agency’s Integrated Risk Information System.
(5) Chemicals that are identified as carcinogenic to humans, likely to be carcinogenic to humans, or as Group A, B1, or B2 carcinogens in the federal Environmental Protection Agency’s Integrated Risk Information System.
(6) Chemicals included in the European Chemicals Agency Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(d), Article 57(e), or Article 57(f) of Regulation (EC) 1907/2006 for persistent, bioaccumulative and toxic, or very persistent and very bioaccumulative properties.
(7) Chemicals that are identified as persistent, bioaccumulative, and inherently toxic to the environment by the Canadian Environmental Protection Act Environmental Registry Domestic Substances List.
(8) Chemicals classified by the European Union in Annex VI to Regulation (EC) 1272/2008 as respiratory sensitizer category 1.
(9) Group 1, 2A, and 2B carcinogens identified by the International Agency for Research on Cancer.
(10) Neurotoxicants that are identified in the federal Agency for Toxic Substances and Disease Registry’s Toxic Substances Portal, Health Effects of Toxic Substances and Carcinogens, Nervous System.
(11) Persistent bioaccumulative and toxic priority chemicals that are identified by the federal Environmental Protection Agency National Waste Minimization Program.
(12) Reproductive or developmental toxicants identified in Monographs on the Potential Human Reproductive and Developmental Effects published by the federal National Toxicology Program, Office of Health Assessment and Translation.
(13) Chemicals identified by the federal Environmental Protection Agency’s Toxics Release Inventory as Persistent, Bioaccumulative and Toxic Chemicals that are subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001, et seq.).
(14) The Washington Department of Ecology’s Persistent, Bioaccumulative, Toxic (PBT) Chemicals identified in Chapter 173-333 of Title 173 of the Washington Administrative Code.
(15) Chemicals that are identified as known to be, or reasonably anticipated to be, human carcinogens by the 13th Report on Carcinogens prepared by the federal National Toxicology Program.
(16) Chemicals for which notification levels, as defined in Section 116455, have been established by the State Department of Public Health.
(17) Chemicals for which primary maximum contaminant levels have been established and adopted under Section 64431 or 64444 of Title 22 of the California Code of Regulations.
(18) Chemicals identified as toxic air contaminants under Section 93000 or 93001 of Title 17 of the California Code of Regulations.
(19) Chemicals that are identified as priority pollutants in the California water quality control plans pursuant to subdivision (c) of Section 303 of the federal Clean Water Act and in Section 131.38 of Title 40 of the Code of Federal Regulations, or identified as pollutants by the state or the federal Environmental Protection Agency for one or more water bodies in the state under subdivision (d) of Section 303 of the federal Clean Water Act and Section 130.7 of Title 40 of the Code of Federal Regulations.
(20) Chemicals that are identified with noncancer endpoints and listed with an inhalation or oral reference exposure level by the Office of Environmental Health Hazard Assessment pursuant to paragraph (2) of subdivision (b) of Section 44360.
(21) Chemicals identified as priority chemicals by the California Environmental Contaminant Biomonitoring Program.
(22) Chemicals that are identified on Part A of the list of Chemicals for Priority Action prepared by the Oslo and Paris Conventions for the Protection of the Marine Environment of the North-East Atlantic.
(23) Chemicals included in Annex III of the EU Cosmetics Regulation 1223/2009, as adopted by the European Detergents Directive, Regulation (EU) No. 259/2012 Annex VII.
(h) “Electronically readable format” means the following:
(1) Machine readable by automated systems, including, but not limited to, Web browsers, accessibility software to aid the disabled, automated scripts, and other software programs or applications.
(2) Not restricted from access by search engines.
(3) Not restricted from access by a requirement for registration, the provision of personally identifiable information, or the use of CAPTCHA or similar challenge response test technologies, whether visual, auditory, or otherwise.
(4) Conforms to the most current version of the Web Content Accessibility Guidelines (WCAG) adopted by the Web Content Accessibility Guidelines Working Group of the World Wide Web Consortium.
(i) “Fragrance ingredient” means any basic substance or compound used for its odorous, odor-enhancing, or blending properties. A fragrance ingredient may be obtained by chemical synthesis from synthetic, fossil, or natural raw materials or by physical operations from natural sources. A fragrance ingredient may include, but is not limited to, aroma chemicals, essential oils, natural extracts, distillates and isolates, and oleoresins.
(j) “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, 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.
(k) “Ingredient” means a chemical that a manufacturer has intentionally added to a designated product and that has a functional or technical effect on the finished designated product, including, but not limited to, the components of intentionally added fragrances and coloring agents, but does not include confidential business information.
(l) “Manufacturer” means a person or entity that manufactures, assembles, produces, packages, repackages, relabels, or distributes a designated product that is sold or used in the state.
(m) “Nonfunctional constituent” means any substance that is an incidental component of an ingredient, a breakdown product of an ingredient, or a byproduct of the manufacturing process that has not been intentionally added as a separate substance and serves no technical function in the individual finished product, and includes only the following:
(1) 1,4 dioxane.
(2) 1,1 dichloroethane.
(3) Acrylic acid.
(4) Benzene.
(5) Benzidine.
(6) 1.3 butadeine.
(7) Carbon tetrachloride.
(8) Chloroform.
(9) Ethylene oxide.
(10) Nitilotriacetic acid.
(11) Butyl benzyl phthalate.
(12) Butyl decyl phthalate.
(13) Di(2-ethylhexyl) phthalate.
(14) Diethyl phthalate.
(15) Diisobutyl phthalate.
(16) Di(n-octyl) phthalate.
(17) Diisononyl phthalate.
(18) Diicocytl phthalate.
(19) Butylparaben.
(20) Ethylparaben.
(21) Isobutylparaben.
(22) Methylparaben.
(23) Propylparaben.
(24) Formaldehyde.
(25) 1-(3-chloroallyl) 3,5,7, triaza 1.
(26) Azoniaadamantane chloride.
(27) DMDM hydantoin.
(28) Diazolidinyl urea.
(29) Glyoxal.
(30) Imidazolidinyl urea.
(31) Polyoxymethylene urea.
(32) Sodium hydroxymethylglycinate.
(33) 2-Bromo-2-nitropropane-1,3-diol.
(34) N-Nitrosodimethylamine.
(35) N-Nitosodiethylamine.
(n) “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.
(o) “Product label” means a display of written, printed, or graphic material that is affixed to a product or its immediate container or wrapper.

108954.
 (a) A manufacturer of a designated product sold in the state shall disclose on the designated product label the information specified by either paragraph (1) or (2):
(1) (A) A list of each ingredient contained in the product that is included on a designated trait list, and each fragrance ingredient or colorant that is included on a designated trait list.
(B) A list of each ingredient that is present at a concentration at or above .01 percent (100 ppm) in the individual finished designated product and is a fragrance allergen included on Annex II of the EU Cosmetics Regulation 1223/2009, as adopted by the European Detergents Directive, Regulation (EU) No. 259/2012 Annex VII.
(C) Notwithstanding subparagraph (A), an ingredient that is included on a designated trait list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall be required to be listed on the designated product label on and after January 1, 2023.
(2) (A) A list of each ingredient contained in the designated product, except for fragrance ingredients.
(B) If an ingredient contained in the designated product is a fragrance allergen included on Annex III of the EU Cosmetics Regulation 1223/2009 as adopted by the European Detergents Directive, Regulation (EU) No. 259/2012 Annex VII and subsequent updates thereto and is present in the finished product at a concentration at or above .01 percent (100 ppm), the phrase “Contains fragrance allergen(s)” shall be included on the product label.
(C) Notwithstanding subparagraph (A), chemicals contained in the product as components of fragrances or colorants may be listed on the product label as “fragrances” or “colorants,” respectively, provided that an ingredient in the fragrance or colorant does not appear on a designated trait list.
(D) Notwithstanding subparagraph (A), an ingredient that is listed on a designated trait list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall be required to be listed on the designated product label on and after January 1, 2023.
(b) A manufacturer of a designated product sold in the state shall disclose the manufacturer’s toll-free telephone number and Internet Web site address on the designated product label.
(c) The manufacturer of a designated product sold in the state that is regulated by the federal Occupational Safety and Health Administration shall, if required by the federal hazard communication standard (29 CFR Parts 1910, 1915 and 1926), and subsequent revisions thereto, to include pictograms on the designated product’s safety data sheet, include those pictograms on the label of the designated product.
(d) This section shall not apply to a product that is a pesticide as defined in Section 12753 of the Food and Agricultural Code.
(e) This section shall not be construed to preclude a manufacturer from using technologies, such as electronic or digital ink, in addition to the disclosures required to be printed on a designated product label, to communicate the information required by this section.

108954.5.
 (a) The manufacturer of a designated product sold in the state shall post on its product-specific Internet Web site, in an electronically readable format, and no more than ____ number of links from the Uniform Resource Locator (URL) printed on the product label, the following information related to the designated product:
(1) (A) A list of all ingredients contained in the product, except fragrance ingredients subject to subdivision (b).
(B) Notwithstanding subparagraph (A), an ingredient that is included on a designated trait list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall be required to be listed on and after January 1, 2023.
(C) Ingredients listed pursuant to this paragraph shall be listed in descending order of predominance by weight in the product, except that ingredients present at a weight below one percent may be listed following the other ingredients without respect to the order of predominance by weight.
(2) (A) A list of all nonfunctional constituents present in the finished product at a concentration at or above .01 percent (100 ppm).
(B) Notwithstanding subparagraph (A), 1,4 dioxane shall be listed if it is present in the finished product at a concentration at or above .001 percent (10 ppm).
(C) Notwithstanding subparagraph (A), a list of each nonfunctional constituent that is listed on a designated trait list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) and that triggers a product warning pursuant to that act.
(3) The Chemical Abstracts Service (CAS) number for any ingredient or nonfunctional constituent listed pursuant to this section. If a CAS number is not available or if the ingredient or nonfunctional constituent is confidential business information, the phrase “not available” may be used in place of the CAS number.
(4) The functional purpose served by each ingredient, fragrance ingredient, or colorant listed pursuant to this section.
(5) An electronic link to the relevant designated trait list for any ingredient that is listed on a designated trait list and any fragrance allergen included on Annex III of the EU Cosmetics Regulation 1223/2009, as adopted by the European Detergents Directive, Regulation (EU) No. 259/2012 Annex VII, or subsequent updates thereto. Electronic links to designated trait lists may be grouped together in a single location.
(6) The hazard communication safety data sheet for the designated product.
(b) In addition to the information required by subdivision (a), the manufacturer of a designated product sold in the state shall post on its Internet Web site, in an electronically readable format, the following information related to fragrance mixtures or ingredients contained in the designated product:
(1) A list of all fragrance ingredients that are listed on a designated trait list, except for ingredients that are listed on a designated trait list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20). A manufacturer shall not use a generic name pursuant to Section 108955 to list a fragrance ingredient pursuant to this paragraph.
(2) A list of fragrance ingredients, including fragrance ingredients that are confidential business information, that are listed in Annex III of the European Cosmetics Regulation 1223/2009, as adopted by the European Detergents Directive, Regulation (EU) No. 259/2012 Annex VII, and subsequent updates thereto, that are identified as fragrance allergens and are required to be labeled as fragrance allergens. The list shall include intentionally added fragrance ingredients and components of intentionally added fragrance ingredients, including natural ingredients or components, in aggregate, within the finished designated product at a concentration at or above .01 percent (100 ppm).
(3) On and after January 1, 2023, a list of fragrance ingredients, including fragrance ingredients that are confidential business information, that are listed on a designated trait list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20). A manufacturer shall not use a generic name pursuant to Section 108955 to list a fragrance ingredient pursuant to this paragraph.
(4) A list of all fragrance ingredients, other than those described in paragraphs (1) to (3), inclusive, that are present in the finished product at a concentration at or above .01 percent (100 ppm). A manufacturer may protect a fragrance ingredient described in this paragraph as confidential business information by use of a generic name pursuant to Section 108955.
(5) The Chemical Abstracts Service (CAS) number for any fragrance ingredient listed pursuant to this subdivision. If a CAS number is not available or if the fragrance ingredient is confidential business information, the phrase “not available” may be used in place of the CAS number.
(6) The functional purpose for each fragrance ingredient listed pursuant to this subdivision, which may be described as “fragrance.”
(c) A manufacturer of a designated product shall make the information described in paragraphs (1) to (5), inclusive, of subdivision (a) and in subdivision (b) available in an easily printable format. A manufacturer may satisfy this requirement by including this information on the product safety data sheet or in a separate printable list.
(d) A manufacturer of a designated product regulated as a pesticide pursuant to Section 12753 of the Food and Agricultural Code shall comply with this section. This section shall not be construed to impose any requirements affecting the label or labeling of a pesticide.

108955.
 (a) To protect confidential business information, this chapter shall not be construed to require a manufacturer to disclose the weight or amount of an ingredient or nonfunctional constituent or to disclose how a product is manufactured, and shall not be construed to require ingredients or nonfunctional constituents present in a designated product at a concentration below one percent to be listed in any particular order.
(b) (1) A manufacturer may protect as confidential business information any ingredient or combination of ingredients listed on the federal Toxic Substances Control Act (TSCA) Confidential Inventory List, or for which the manufacturer or its supplier claim protection under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code).
(2) If protecting an ingredient or combination of ingredients pursuant to paragraph (1), a manufacturer shall use the generic name for the ingredient or combination of ingredients as provided in the federal Toxic Substances Control Act (TSCA) Confidential Inventory. If unavailable, the manufacturer shall use a name for the ingredient or combination of ingredients that is only as generic as necessary to protect the confidential identity of the particular chemical substance. A manufacturer shall use the generic name framework provided by the federal Environmental Protection Agency guidance for the TSCA Confidential Inventory List, the European Chemicals Agency guidance for alternative chemical names, the New Jersey Trade Secret Registry Number system, or the Canadian Hazardous Materials Information Review Act Registry Number system, if applicable.
(c) A manufacturer shall maintain justification for protecting confidential business information consistent with the requirements of the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code) and provide that justification on request for audit by the Attorney General.

108955.5.
 An ingredient or nonfunctional constituent listed or posted pursuant to this chapter, other than an ingredient for which use of a generic name is permitted by Section 108955, shall be listed or posted by its Consumer Specialty Products Association (CSPA) Consumer Product Ingredients Dictionary name or its International Nomenclature of Cosmetic Ingredients (INCI) name. If a CSPA Consumer Product Ingredients Dictionary name or INCI name is not available, an ingredient or nonfunctional constituent 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 nonfunctional constituent shall be listed by its common chemical name and its Chemical Abstracts Service (CAS) number.

108956.
 (a) The online disclosure requirements described in Section 108954.5 shall apply to a designated product sold in the state on or after January 1, 2020.
(b) The product label disclosure requirements described in Section 108954 shall apply to a designated product sold in the state on or after January 1, 2021.
(c) A manufacturer may label a designated product manufactured before January 1, 2021, in accordance with this chapter.
(d) A designated product manufactured prior to the dates specified in subdivisions (a), (b), and (c), shall be deemed in compliance with the requirements of this chapter if the product displays one of the following on its label:
(1) The day, month, and year of manufacture of the product.
(2) A code indicating the date described in paragraph (1).
(3) The manufacturer’s code.
(e) A manufacturer shall make any revision as a result of a change in a designated trait list to information disclosed online pursuant to Section 108954.5 no later than six months after the adoption of the revised designated trait list by its authoritative body.
(f) A manufacturer shall make any revision as a result of a change in a designated trait list to information disclosed on the product label of a designated product pursuant to Section 108954 no later than 18 months after the adoption of the revised designated trait list by its authoritative body.
(g) A designated product manufactured prior to the expiration of the time periods described in subdivision (e) or (f) shall be deemed in compliance with this chapter if the product displays one of the following on its label:
(1) The day, month, and year of manufacture of the product.
(2) A code indicating the date described in paragraph (1).
(3) The manufacturer’s code.

108958.
 A designated product shall not be sold in the state unless the designated product and the manufacturer of the designated product comply with this chapter.

108960.
 Nothing in this chapter shall be construed to restrict the authority of the Department of Toxic Substances Control to take action on any cleaning product pursuant to its authority under Chapter 6.5 (commencing with Section 25251) of Division 20 and consistent with this act.

SEC. 3.

 Section 6398.5 is added to the Labor Code, to read:

6398.5.
 An employer that is required to maintain safety data sheets and ensure that those safety data sheets are readily accessible in accordance with this chapter and Section 5194 of Title 8 of the California Code of Regulations shall, in the same manner and to the same persons, make readily available the printable information described in subdivision (c) of Section 108954.5 of the Health and Safety Code for designated products, as defined in subdivision (f) of Section 108952 of the Health and Safety Code, in the workplace.

SEC. 4.

 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.