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

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Date Published: 01/15/2020 09:00 PM
AB495:v95#DOCUMENT

Amended  IN  Assembly  January 15, 2020
Amended  IN  Assembly  January 06, 2020
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 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. 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 asbestos, lead, any of several specified intentionally added ingredients, or another chemical or contaminant identified by the department. 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 (a) Except as otherwise provided in subdivision (b), a cosmetic is adulterated if it contains any of the following:

(a)

(1) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.

(b)

(2) Beginning January July 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the The Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis level concentration of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level concentration shall comply with the requirements specified in paragraph (2) of subdivision (d). subparagraph (B) of paragraph (4).

(c)

(3) Beginning January 1, 2022, any amount of the following intentionally added ingredients:

(1)

(A) Dibutyl phthalate.

(2)

(B) Diethylhexyl phthalate.

(3)

(C) Formaldehyde.

(4)

(D) Paraformaldehyde.

(5)

(E) Methylene glycol.

(6)

(F) Quaternium-15.

(7)

(G) Mercury.

(8)

(H) Isobutylparaben.

(9)

(I) Isopropylparaben.

(10)

(J) m-Phenylenediamine.

(11)

(K) o-Phenylenediamine.

(12)

(L) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:

(A)

(i) Perfluorooctane sulfonate (PFOS).

(B)

(ii) Perfluorooctanoic acid (PFOA).

(C)

(iii) Perfluorodecanoic acid (PFDA).

(D)

(iv) Perfluorononanoic acid (PFNA).

(d)

(4) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), paragraphs (1), (2), and (3), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy only if the chemicals and contaminants satisfy both of the following conditions:

(1)

(A) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations. 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.

(2)

(B) If the department adopts an allowable de minimis level concentration of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level concentration shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children.
(b) If a cosmetic product made through manufacturing processes intended to comply with this part contains a chemical or contaminant listed in paragraph (3) of subdivision (a) or identified pursuant to paragraph (4) of subdivision (a) that was not intentionally added and was technically unavoidable or present due to migration from other sources, the presence of the chemical or contaminant shall not cause the cosmetic product to be considered adulterated under this part.

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.

 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.