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AB-60 Sunscreen: oxybenzone and octinoxate.(2019-2020)

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Date Published: 12/03/2018 09:00 PM
AB60:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 60


Introduced by Assembly Member Friedman

December 03, 2018


An act to add Chapter 10 (commencing with Section 119410) to Part 15 of Division 104 of the Health and Safety Code, relating to sunscreen.


LEGISLATIVE COUNSEL'S DIGEST


AB 60, as introduced, Friedman. Sunscreen: oxybenzone and octinoxate.
The existing Medical Waste Management Act, administered by the State Department of Public Health, regulates the management, handling, and disposal of medical waste, as defined, including pharmaceutical waste. The act provides that transporting, storing, treating, disposing of, or causing the treatment or disposal of medical waste in a manner not authorized by permit or registration, or by the act, is a crime, except as specified.
This bill would prohibit the sale, offering of sale, or distribution for sale in the state, of any sunscreen that contains oxybenzone, as defined, or octinoxate, as defined, or both, without a prescription. The bill would make a violation of its provisions punishable by a civil penalty of no more than $500.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 10 (commencing with Section 119410) is added to Part 15 of Division 104 of the Health and Safety Code, to read:
CHAPTER  10. Sunscreen

119410.
 (a) A person shall not sell, offer to sell, or distribute for sale in the state any sunscreen that contains octinoxate or oxybenzone, or both, without a prescription.
(b) A violation of this section is punishable by a civil penalty of not more than five hundred dollars ($500).
(c) For the purpose of this section, the following terms have the following meanings:
(1) “Octinoxate” means the chemical (RS)-2-ethylhexyl (2E)-3-(4-methoxyphenyl) prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry, that has a chemical abstract service registry number 5466-77-3, the synonyms of which include, but are not limited to, ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and Uvinul MC80, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
(2) “Oxybenzone” means the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry, that has a chemical abstract service registry number 131-57-7, the synonyms of which include, but are not limited to, benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, usaf cy-9, Uniphenone-3U, 4-Methoxy-2-hydroxybenzophenone, and Milestab 9, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
(3) “Prescription” has the same meaning as defined in Section 4040 of the Business and Professions Code.
(4) “Sunscreen” means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in Section 1834.9.5 of the Civil Code.