Today's Law As Amended

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AB-708 Consumer products: content information. (2015-2016)



SECTION 1.

 Chapter 13 (commencing with Section 108950) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

CHAPTER  13. Chemically Formulated Consumer Products
108950.
 For purposes of this chapter, the following definitions shall apply:
(a) “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 consumer is not considered further processing.
(b) “Cleaning product” means any product included in the following categories:
(1) “Air care product” means a chemically formulated consumer product designed, or labeled to indicate that the purpose of the product is, to mask odors or to freshen, clean, scent, or deodorize the air.
(2) “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.
(3) “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 or disinfect surfaces, including, but not limited to, floors, furniture, countertops, showers and baths, or other hard surfaces, such as stovetops, microwaves, and other appliances, fabric care, or dish or other ware washing.
(4) “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.
(c)  “Incidental ingredient” means a contaminant in or on feedstock, water, or processing equipment, or byproducts or intermediates unintentionally introduced during formulation, that are present at a level of 25 parts per million or more and have no technical or functional effect in the finished cleaning product.
(d) “Ingredient” means a chemical intentionally added to a cleaning product or the intentional breakdown product of a chemical that has an effect on the cleaning product. “Ingredient” does not include an incidental ingredient.
(e) “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.
108952.
 The manufacturer of a cleaning product manufactured after January 1, 2017, for retail sale in this state, shall disclose each ingredient contained in the product on the manufacturer’s Internet Web site and provide the Internet Web site and page address on the label of the cleaning product along with a statement directing the consumer to the Internet Web site for a full list of ingredients contained in the product. Each ingredient shall have an explanation of its purpose for being in the cleaning product on the manufacturer’s Internet Web site.
108954.
 (a) (1) For purposes of disclosing each ingredient contained in the cleaning product on the manufacturer’s Internet Web site, the ingredients shall be listed in descending order of predominance.
(2) The manufacturer is not required to list the weight of an ingredient in the product on the manufacturer’s Internet Web site.
(3) Notwithstanding any other provision of this subdivision, an ingredient present at a concentration of not more than 1 percent may be listed after the ingredients present at a concentration of more than 1 percent without respect to order of predominance.
(b) An ingredient shall be listed 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 shall be listed by its International Nomenclature Cosmetic Ingredient (INCI) name. If an INCI name is also not available, an ingredient shall be listed by its International Union of Pure and Applied Chemistry (IUPAC) name. If an IUPAC name is also not available, an ingredient shall be listed by its common chemical name and the Chemical Abstract Service (CAS) number.
(c) If the product contains a chemical listed on the informational list of candidate chemicals posted on the Internet Web site of the department pursuant to Section 69502.3 of Title 22 of the California Code of Regulations, the manufacturer shall post on its Internet Web site a statement that additional information about any potential health impacts of the ingredients may be obtained from the Internet Web sites for the following and shall post a link to the Internet Web sites:
(1) The informational list of candidate chemicals posted on the Internet Web site of the department pursuant to Section 69502.3 of Title 22 of the California Code of Regulations.
(2) The Household Products Database of the National Library of Medicine.