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AB-495 Cosmetics: safety.(2019-2020)

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Date Published: 03/27/2019 09:00 PM
AB495:v97#DOCUMENT

Amended  IN  Assembly  March 27, 2019
Amended  IN  Assembly  March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 495


Introduced by Assembly Members Muratsuchi and Wicks

February 12, 2019


An act to amend Section Sections 111792.5 and 111793 of, and to add Sections 111673 and 111794 to, the Health and Safety Code, relating to cosmetics.


LEGISLATIVE COUNSEL'S DIGEST


AB 495, as amended, 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. A violation of these provisions is a crime.
This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, or any of several specified intentionally added ingredients. 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. If the division determines that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, existing law requires the division to immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations and the Office of Environmental Health Hazard Assessment. A violation of these provisions is a crime.
This bill would additionally authorize the division to investigate a cosmetic that is adulterated, as described above. The bill would also require a referral to be made if the division determines that the determines, pursuant to an investigation, that a cosmetic is adulterated and require those referrals to additionally be made to the Department of Justice. The 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 these provisions. 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.

SECTION 1.SEC. 2.

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

111673.
 A cosmetic is adulterated if it contains asbestos, lead, or any of the following intentionally added ingredients:
(a) Dibutyl phthalate.
(b) Diethylhexyl phthalate.
(c) Formaldehyde.
(d) Formaldehyde releasers.
(e) Mercury and related compounds.
(f) Isobutylparaben.
(g) Isopropylparaben.
(h) Butylparaben.
(i) Propylparaben.
(j) Toluene.
(k) Triclosan.
(l) Carbon black.
(m) Per- and Polyfluoroalkyl substances (PFAS).

SEC. 3.

 Section 111792.5 of the Health and Safety Code is amended to read:

111792.5.
 (a) In order to determine potential health effects of exposure to ingredients in cosmetics sold in the state, the division may conduct an investigation of one or more cosmetic products that contain chemicals identified as causing cancer or reproductive toxicity or other ingredients of concern to the division. division or a cosmetics product that may be adulterated as described in Section 111673.
(b) An investigation conducted pursuant to subdivision (a) may include, but not be limited to, a review of available health effects data and studies, worksite health hazard evaluations, epidemiological studies to determine the health effects of exposures to chemicals in various subpopulations, and exposure assessments to determine total exposures to individuals in various settings.
(c) If an investigation is conducted pursuant to subdivision (a), the manufacturer of any product subject to the investigation may submit relevant health effects data and studies to the division.
(d) In order to further the purposes of an investigation, the division may require manufacturers of products subject to the investigation to submit to the division relevant health effects data and studies available to the manufacturer and other available information as requested by the division, including, but not limited to, the concentration of the chemical in the product, the amount by volume or weight of the product that comprises the average daily application or use, and sales and use data necessary to determine where the product is used in the occupational setting.
(e) The division shall establish reasonable deadlines for the submittal of information required pursuant to subdivision (d). Failure by a manufacturer to submit the information in compliance with the requirements of the division shall constitute a violation of this part.

SEC. 2.SEC. 4.

 Section 111793 of the Health and Safety Code is amended to read:

111793.
 (a) If the division determines pursuant to an investigation that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, or that the cosmetic is adulterated pursuant to Article 2 (commencing with Section 111670), the division shall immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations, the Department of Justice, and the Office of Environmental Health Hazard Assessment.
(b) Within 180 days after it receives the results of an investigation pursuant to subdivision (a), the Division of Occupational Safety and Health shall, pursuant to Section 147.1 of the Labor Code, develop and present one or more proposed occupational health standards to the Occupational Safety and Health Standards Board in the Department of Industrial Relations, unless the Division of Occupational Safety and Health affirmatively determines, in a written finding within 90 days, that a standard is not necessary to protect the health of an employee who has regular exposure to the hazard for the period of the employee’s working life. The written finding shall identify the reasons for determining the standard is not necessary and the factual basis for the finding.

SEC. 3.SEC. 5.

 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.SEC. 6.

 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.