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AB-2762 Cosmetics: safety.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
AB2762:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2762


Introduced by Assembly Members Muratsuchi, Quirk, and Wicks
(Coauthor: Assembly Member Bloom)

February 20, 2020


An act to add Sections 111673 and 111794 to the Health and Safety Code, relating to cosmetics.


LEGISLATIVE COUNSEL'S DIGEST


AB 2762, as introduced, Muratsuchi. Cosmetics: safety.
Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated cosmetics, and prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users when used as directed in the cosmetic’s labeling or advertising or under customary or usual conditions. Provisions of this law are enforced by the State Department of Public Health. A violation of these provisions is a crime.
This bill would additionally prescribe that a cosmetic is adulterated if it contains any of several specified intentionally added ingredients or another chemical identified by the department, except under specified circumstances. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law, the California Safe Cosmetics Act of 2005, authorizes the Division of Environmental and Occupational Disease Control within the State Department of Public Health to investigate cosmetic products that contain certain chemicals. A violation of these provisions is a crime.
This bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement the act. By expanding the scope of a crime, this 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.

 This act shall be known, and may be cited, as the Toxic-Free Cosmetics Act.

SEC. 2.

 Section 111673 is added to the Health and Safety Code, to read:

111673.
  (a) Beginning January 1, 2022, except as provided in subdivision (c), a cosmetic is adulterated if it contains any amount of the following intentionally added ingredients:
(1) Dibutyl phthalate.
(2) Diethylhexyl phthalate.
(3) Formaldehyde.
(4) Paraformaldehyde.
(5) Methylene glycol.
(6) Quaternium-15.
(7) Mercury.
(8) Isobutylparaben.
(9) Isopropylparaben.
(10) m-Phenylenediamine and its salts.
(11) o-Phenylenediamine and its salts.
(12) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:
(A) Perfluorooctane sulfonate (PFOS).
(B) Perfluorooctanoic acid (PFOA).
(C) Perfluorodecanoic acid (PFDA).
(D) Perfluorononanoic acid (PFNA).
(b) Except as otherwise provided in subdivision (c), a cosmetic is adulterated if it contains a chemical, other than those listed in subdivision (a), that has been identified by the department by regulation after a stakeholder process. Additional chemicals may only be identified if the chemical is listed as a banned substance in Annex II of Regulation No. 1223/2009 of the European Parliament and of the Council or in any updates to that Annex.
(c) If a cosmetic product made through manufacturing processes intended to comply with this part contains a technically unavoidable trace quantity of a chemical listed in subdivision (a) or identified pursuant to subdivision (b), and that trace quantity stems from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging, that trace quantity shall not cause the cosmetic product to be adulterated.

SEC. 3.

 Section 111794 is added to the Health and Safety Code, to read:

111794.
 (a) Failure to comply with any of the following is a violation of this part:
(1) The requirements of this article.
(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.
(3) Guidelines or instructions issued by the division to implement this article.
(b) The division shall report all violations of this article to the Department of Justice.

SEC. 4.

 It is the intent of the Legislature to enact a prohibition on the presence of chemicals in cosmetics that is consistent with the prohibition on the presence of chemicals in cosmetics that was enacted by the European Union.

SEC. 5.

 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.