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AB-2201 Toxics: air care products.(2023-2024)

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Date Published: 04/25/2024 09:00 PM
AB2201:v97#DOCUMENT

Amended  IN  Assembly  April 25, 2024
Amended  IN  Assembly  April 09, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2201

Introduced by Assembly Member Addis

February 07, 2024

An act to add Chapter 12.6 (commencing with Section 25966) to Division 20 of the Health and Safety Code, relating to toxics.


LEGISLATIVE COUNSEL'S DIGEST


AB 2201, as amended, Addis. Toxics: air care products.
Existing law establishes the Department of Toxic Substances Control, in the California Environmental Protection Agency, with powers and duties regarding, among other things, hazardous waste disposal, underground storage of hazardous substances and waste, and the handling and release of hazardous materials. Existing law establishes a procedure for the protection of information submitted to the department that is claimed to be a trade secret.
The Cleaning Product Right to Know Act of 2017 requires a manufacturer of certain products, including specified air care products, that are sold in this state to disclose on the product label and on the product’s internet website information related to chemicals contained in the product, as specified. The act prohibits the sale in this state of these products that do not satisfy these requirements.
This bill would prohibit, on and after July 1, 2026, a person from selling or distributing in commerce in this state an air care product, as defined, that contains certain specified chemical ingredients, except as provided. The bill would require a manufacturer of an air care product to prepare specified technical documentation or other information and would require the manufacturer to submit to the Department of Toxic Substances Control, upon request, that documentation or other information within 28 days after the date of the request. The bill would require a manufacturer to provide a specified certification to a person who sells or offers for sale that manufacturer’s air care product, upon the request of that person, or to display the certification prominently on the shipping container or on the packaging of the air care product. The bill would authorize a manufacturer to use the existing procedure established for the protection of information submitted to the department that is claimed to be a trade secret. The bill would authorize the department to adopt regulations to implement and administer these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 12.6 (commencing with Section 25966) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  12.6. Prohibiting Toxic Ingredients in Air Care Products

25966.
 For purposes of this chapter, the following definitions apply:
(a) “Air care product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air.
(b) “Chemically formulated consumer product” means a product, excluding a home appliance, that is manufactured from chemicals to be used by household, institutional, or commercial consumers, without further processing, for specific purposes. For purposes of this definition, dilution by the user is not considered further processing.
(c) “Department” means the Department of Toxic Substances Control.
(d) “Ingredient” means a single chemical entity or mixture used as a component in the manufacturing of an air care product.
(e) “Intentionally added ingredient” means a chemical that a manufacturer has intentionally added to an air care product and that has a functional or technical effect in the air care product, including, but not limited to, the components of intentionally added fragrance ingredients and colorants and intentional breakdown products of an added chemical that also have a functional or technical effect in the air care product.
(f) “Nonfunctional constituent” means a substance that is an incidental component of an intentionally added ingredient, a breakdown product of an intentionally added ingredient, or a byproduct of the manufacturing process that has no functional or technical effect on the air care product.

25966.5.
 (a) On and after July 1, 2026, a person, including, but not limited to, a manufacturer, shall not sell or distribute in commerce in this state an air care product that contains any of the following intentionally added ingredients:
(1) Lilial (CAS no. 80-54-6).

(2)Lyral (CAS no. 31906-04-4).

(3)

(2) Methyl eugenol (CAS no. 93-15-2).

(4)

(3) Pulegone (CAS no. 89-82-7).

(5)

(4) The following xylene substances:
(A) Xylene (mixed isomers) (CAS no. 1330-20-7).
(B) o-xylene (CAS no. 95-47-6).
(C) p-xylene (CAS no. 106-42-3).
(D) m-xylene (CAS no. 108-38-3).

(6)

(5) Styrene (CAS no. 100-42-5).

(7)

(6) Acetaldehyde (CAS no. 75-07-0).

(8)The following synthetic musk substances:

(A)Phantolide (CAS no. 15323-35-0).

(B)Tonalide (CAS no. 1506-02-1).

(C)Galaxolide (CAS no. 1222-05-5).

(D)Celestolide (CAS no. 13171-00-1).

(E)Cashmeran (CAS no. 33704-61-9).

(F)Musk ketone (CAS no. 81-14-1).

(G)

(7) Musk xylene (CAS no. 81-15-2).

(H)Versalide (CAS no. 88-29-9).

(I)Traseolide (CAS no. 68140-48-7).

(9)

(8) The following formaldehyde releasers:

(A)DMDM hydantoin (CAS no. 6440-58-0).

(B)Diazolidinyl urea (CAS no. 78491-02-8).

(C)Imidazolidinyl urea (CAS no. 39236-46-9).

(D)

(A) Sodium hydroxymethylglycinate (CAS no. 70161-44-3).

(E)

(B) Quaternium-15 (CAS no. 4080-31-3).

(F)2-bromo-2-nitropropane-1,3-diol (CAS no. 52-51-7).

(G)Glyoxal (CAS no. 107-22-2).

(H)Polyoxymethylene urea (CAS no. 68611-64-3).

(I)Methenamine (CAS no. 100-97-0).

(J)5-bromo-5-nitro-1,3-dioxane (CAS no. 30007-47-7).

(K)Benzylhemiformal (CAS no. 14548-60-8).

(10)

(9) The following phthalates:
(A) Diethyl phthalate (CAS no. 84-66-2).
(B) Dimethyl phthalate (CAS no. 131-11-3).
(C) Benzyl butyl phthalate (CAS no. 85-68-7).
(D) Dibutyl phthalate (CAS no. 84-74-2).
(E) Diethylhexyl phthalate (CAS no. 117-81-7).

(11)The following ethanolamine substances:

(A)Ethanolamine (CAS no. 141-43-5).

(B)

(10) Diethanolamine (CAS no. 111-42-2).

(C)Triethanolamine (CAS no. 102-71-6).

(12)

(11) The following glycol ether substances:

(A)2-Hexyloxyethanol (CAS no. 112-25-4).

(B)Butoxydiglycol (CAS no. 112-34-5).

(C)Diethylene glycol monomethyl ether (CAS no. 111-77-3).

(D)

(A) Ethylene glycol monobutyl ether (CAS no. 111-76-2).

(E)Diethylene glycol (CAS no. 111-46-6).

(F)

(B) Ethylene glycol (CAS no. 107-21-1).

(13)

(12) The following paraben substances:
(A) Propylparaben (CAS no. 94-13-3).
(B) Butylparaben (CAS no. 94-26-8).

(14)

(13) The following naphtha substances:
(A) Naphtha (CAS no. 8030-30-6).
(B) Naphtha, petroleum, hydrotreated heavy (CAS no. 64742-48-9).
(C) Naphtha, petroleum, heavy alkylate (CAS no. 64741-65-7).

(15)

(14) The following cresol substances:
(A) Cresol unspecified (CAS no. 1319-77-3).
(B) m-Cresol (CAS no. 108-39-4).
(C) o-Cresol (CAS no. 95-48-7).
(D) p-Cresol (CAS no. 106-44-5).

(16)

(15) Methyl isobutyl ketone (CAS no. 108-10-1).

(17)

(16) Phenol (CAS no.108-95-2).

(18)

(17) Pyridine (CAS no.110-86-1).

(19)

(18) Myrcene (CAS no. 123-35-3).

(20)Butylated hydroxytoluene (CAS no. 128-37-0).

(b) If an air care product made through manufacturing processes intended to comply with this chapter contains a nonfunctional constituent that is a substance listed in subdivision (a), then that nonfunctional constituent shall not cause the product to be in violation of this section.
(c) (1) A manufacturer of an air care product shall prepare technical documentation or other information showing that the manufacturer’s air care product sold or distributed in commerce in this state complies with the requirements of this section.
(2) The department may request a manufacturer of an air care product to submit to the department the technical documentation or other information described in paragraph (1). Upon such a request, the manufacturer shall submit the requested technical documentation or other information to the department within no more than 28 days from the date the request is received.
(d) (1) A manufacturer of an air care product sold or distributed in commerce in this state shall provide to a person who sells or offers for sale that manufacturer’s air care product, upon request, a certification that the air care product does not contain any of the ingredients listed in subdivision (a) in a manner that would result in the prohibition of that air care product being sold or distributed in commerce in this state.
(2) Notwithstanding paragraph (1), a manufacturer may display the certification described in paragraph (1) prominently on the shipping container or on the packaging of the air care product. If a manufacturer displays the certification pursuant to this paragraph, then the manufacturer shall not be required to provide certification pursuant to paragraph (1).
(e) If an air care product contains an ingredient that the manufacturer wishes to claim as a trade secret, the manufacturer may submit information to the department in accordance with Section 25257.
(f) The department may adopt regulations to implement and administer this chapter.