Today's Law As Amended

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

 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:

 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:

 (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:

 (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, the  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  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 (b), (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 his or her  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. 5.

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

 (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. 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.