SENATE BILL No. 258 Introduced by Senator Lara February 8, 2017 An act to add Chapter 13 (commencing with Section 108950) to Part 3 of Division 104 of the Health and Safety Code, and to add Section 6414 to the Labor Code, relating to consumer product safety. legislative counsel s digest SB 258, as introduced, Lara. Cleaning Product Right to Know Act of 2017. Existing law regulates the existence of, and disclosure of, specified chemicals and components in consumer products, including phthalates and bisphenol A. This bill would require a manufacturer of a cleaning product, as defined, that is manufactured or sold in the state on or after January 1, 2018, to disclose ingredients contained in and health impact information related to the cleaning product on the product label, post the cleaning product ingredient information on the manufacturer s Internet Web site, and include specified information on the cleaning product s label concerning ingredients contained in the cleaning product, including Internet Web sites where more information may be found. The bill would prohibit a manufacturer from manufacturing or selling a cleaning product in the state unless the product complies with these provisions. The bill would require an employer to identify a cleaning product and list the ingredients of the product in the manner described above on any container used in the workplace into which a cleaning product is transferred. The bill would make related legislative findings and declarations. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
SB 258 2 The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a) Cleaning products are used by millions of Californians every line 4 day. line 5 (b) Cleaning products contain thousands of chemicals, many of line 6 which have been associated in scientific studies with cancer, asthma line 7 and other respiratory damage, skin allergies, and reproductive, line 8 developmental, and hormonal changes. line 9 (c) Scientific studies have shown that chemicals from cleaning line 10 products can be found in urine, breast milk, and blood, including line 11 the umbilical cord blood of newborns. line 12 (d) Many of the chemicals found in cleaning products have line 13 negative impacts on our water quality and environment. line 14 (e) The cleaning workforce, in particular low-income and line 15 minority workers, is disproportionately impacted by exposure to line 16 unsafe chemicals in cleaning products. Janitorial workers and line 17 domestic cleaners have higher rates of asthma and respiratory line 18 illnesses, and, in the case of pregnant workers, higher rates of birth line 19 defects. line 20 (f) Ingredient labels are mandatory for food, cosmetics, and line 21 drugs, but not for cleaning products. line 22 (g) Knowing what chemicals are included in a product is an line 23 important factor in helping consumers, workers, and employers line 24 select cleaning products that minimize public health impacts, line 25 particularly for vulnerable populations such as children, pregnant line 26 women, cancer survivors, and individuals with health conditions line 27 such as asthma, allergies, or other sensitivities. line 28 (h) The lack of cleaning product ingredient disclosure creates line 29 an obstacle to consumers and workers right to know and line 30 prevents people from making informed purchases. line 31 (i) Many Californians mistakenly believe that existing state or line 32 federal law already requires cleaning product manufacturers and line 33 distributors to fully disclose ingredients on product labels. line 34 (j) Companies that want to provide full ingredient disclosure to line 35 their potential customers do not have a clear and consistent set of line 36 rules to do so, creating confusion among businesses and customers. line 37 (k) Therefore, it is the intent of the legislature to require a line 38 manufacturer of a cleaning product manufactured or sold in the
3 SB 258 line 1 state to list the ingredients included in the cleaning product on the line 2 product label. line 3 SEC. 2. Chapter 13 (commencing with Section 108950) is line 4 added to Part 3 of Division 104 of the Health and Safety Code, to line 5 read: line 6 line 7 Chapter 13. Cleaning Product Right to Know Act of line 8 2017 line 9 line 10 108950. (a) It is the intent of the Legislature to reduce public line 11 health impacts from exposure to potentially harmful chemicals in line 12 cleaning products by requiring cleaning product manufacturers to line 13 provide a full and complete list of the chemicals used in their line 14 products, and to require employers to provide a full and complete line 15 list of chemicals in cleaning products used by their employees, in line 16 order to maximize the information available to workers, consumers, line 17 employees, companies, and employers. line 18 (b) This chapter shall be known, and may be cited as, the line 19 Cleaning Product Right to Know Act of 2017. line 20 108952. For purposes of this chapter, the following definitions line 21 shall apply: line 22 (a) Air care product means a chemically formulated consumer line 23 product designed, or labeled to indicate that the purpose of the line 24 product is, to mask odors or to freshen, clean, scent, or deodorize line 25 the air. line 26 (b) Automotive product means a chemically formulated line 27 consumer product designed, or labeled to indicate that the purpose line 28 of the product is, to maintain the appearance of a motor vehicle, line 29 as defined in Section 670 of the Vehicle Code, including products line 30 for washing, waxing, polishing, cleaning, or treating the exterior line 31 or interior surfaces of motor vehicles. Automotive product does line 32 not include automotive paint or paint repair products. line 33 (c) Chemically formulated consumer product means a line 34 consumer product, as defined in subdivision (e) of Section 25251, line 35 but excluding home appliances, that is manufactured from line 36 chemicals or chemical compounds to be used by household, line 37 institutional, commercial, and industrial consumers without further line 38 processing for specific purposes. For the purposes of this line 39 subdivision, dilution by the user is not considered further line 40 processing.
SB 258 4 line 1 (d) Cleaning product means any product used primarily for line 2 commercial, domestic, or institutional cleaning purposes, including line 3 an air care product, automotive product, general cleaning product, line 4 or a polish or floor maintenance product. line 5 (e) Contaminant of concern means a chemical present in the line 6 product at or above the practical limit of detection that has no line 7 functional or technical effect in the finished product and is included line 8 in the list of candidate chemicals as defined in subdivision (i), is line 9 included among the allergenic fragrances that appear on the list in line 10 Annex III of EU Cosmetics Regulation 1223/2009, or is included line 11 in subsequent updates to either list. line 12 (f) Department means the Department of Toxic Substances line 13 Control. line 14 (g) General cleaning product means a soap, detergent, or other line 15 chemically formulated consumer product designed, or labeled to line 16 indicate that the purpose of the product is, to clean, disinfect, or line 17 otherwise care for fabric, dishes or other wares, surfaces including, line 18 but not limited to, floors, furniture, countertops, showers and baths, line 19 or other hard surfaces, such as stovetops, microwaves, and other line 20 appliances. line 21 (h) Ingredient means a chemical that has a functional or line 22 technical effect on the product, including, but not limited to, the line 23 components of fragrances and coloring agents. line 24 (i) List of candidate chemicals means the list of chemicals line 25 identified as candidate chemicals that exhibit a hazard trait or an line 26 environmental or toxicological endpoint and that meets the criteria line 27 specified in regulations adopted by the department pursuant to line 28 Article 14 (commencing with Section 25251) of Chapter 6.5 of line 29 Division 20, and is published on the Internet Web site of the line 30 Department of Toxic Substances Control pursuant to those line 31 regulations. line 32 (j) Manufacturer means a person or entity that manufactures, line 33 assembles, produces, packages, repackages, or relabels a cleaning line 34 product that is sold or used in this state. line 35 (k) Polish or floor maintenance product means a chemically line 36 formulated consumer product, such as polish, wax, or a restorer, line 37 designed or labeled to indicate that the purpose of the product is line 38 to polish, protect, buff, condition, temporarily seal, or maintain line 39 furniture, floors, metal, leather, or other surfaces.
5 SB 258 line 1 108954. (a) A cleaning product manufactured or sold in the line 2 state shall disclose on the cleaning product label all of the line 3 following: line 4 (1) A list of each ingredient and contaminant of concern line 5 contained in the cleaning product, in descending order of line 6 predominance. An ingredient present at a concentration of not line 7 more than 1 percent may be listed without respect to order of line 8 predominance following the other ingredients and contaminants line 9 of concern. line 10 (2) A pictogram which communicates the potential health line 11 impacts of any of the ingredients or contaminants of concern in line 12 the product that appear on the list of candidate chemicals or among line 13 the allergenic fragrances that appear on the list of Annex III of EU line 14 Cosmetics Regulation 1223/2009. The California Environmental line 15 Protection Agency shall develop the model pictogram to be used line 16 pursuant to this paragraph. line 17 (3) A statement directing the consumer to the manufacturer s line 18 Internet Web site for information concerning ingredients contained line 19 in the product and listed pursuant to subdivision (b). line 20 (b) The manufacturer of a cleaning product shall post on its line 21 Internet Web site, in an electronically readable format, a list of all line 22 ingredients and contaminants of concern contained in the product, line 23 in descending order of predominance, including each ingredient line 24 or contaminant of concern s name, its Chemical Abstract Service line 25 (CAS) number, and the functional purpose served by the ingredient line 26 or contaminant of concern. An ingredient or contaminant of line 27 concern present at a concentration below 1 percent may be listed line 28 in any order following the other ingredients and contaminants of line 29 concern. line 30 (c) If the list of ingredients and contaminants of concern required line 31 pursuant to paragraph (1) of subdivision (b) includes a chemical line 32 that appears on the list of candidate chemicals or is an allergenic line 33 fragrance that appears on the list in Annex III of EU Cosmetics line 34 Regulation 1223/2009, the manufacturer shall include on the label line 35 a statement that information about potential health impacts of the line 36 ingredients may be obtained from its Internet Web site, and on its line 37 Internet Web site shall provide Internet Web links to each of the line 38 following lists on which the chemical or chemicals appear: line 39 (1) The list of candidate chemicals, posted on the Internet Web line 40 site of the department.
SB 258 6 line 1 (2) Annex III of EU Cosmetics Regulation 1223/2009. line 2 (d) An ingredient listed or posted pursuant to this section shall line 3 be listed or posted by its Consumer Specialty Products Association line 4 (CSPA) Consumer Product Ingredients Dictionary name. If a CSPA line 5 Consumer Product Ingredients Dictionary name is not available, line 6 an ingredient shall be listed by its International Nomenclature of line 7 Cosmetic Ingredients (INCI) name. If an INCI name is also not line 8 available, an ingredient shall be listed by its International Union line 9 of Pure and Applied Chemistry (IUPAC) name. If an IUPAC name line 10 is also not available, an ingredient shall be listed by its common line 11 chemical name and the Chemical Abstract Service (CAS) number. line 12 (e) To protect trade secrets, this section shall not be construed line 13 to require a manufacturer to disclose the weight or amount of an line 14 ingredient or how a cleaning product is manufactured, and shall line 15 not require ingredients or contaminants of concern present at a line 16 concentration below one percent to be listed in any paprticular line 17 order, except as required by paragraph (1) of subdivision (a) and line 18 subdivision (b). line 19 (f) A manufacturer shall adopt a uniform Quick Response (QR) line 20 code that is readable by an electronic mobile device and display line 21 the QR code on a cleaning product that contains a chemical on the line 22 list of candidate chemicals for the purpose of providing a warning line 23 that the cleaning product contains toxic chemicals. line 24 (g) The requirements of this section apply to a cleaning product line 25 manufactured or sold in the state on or after January 1, 2018. line 26 108956. A manufacturer may label a cleaning product line 27 manufactured before January 1, 2018, pursuant to Section 108954. line 28 108958. A cleaning product shall not be manufactured or sold line 29 in the state unless the product complies with the requirements of line 30 Section 108954. line 31 SEC. 3. Section 6414 is added to the Labor Code, to read: line 32 6414. An employer shall include on any container into which line 33 a cleaning product, as defined in Section 108952 of the Health and line 34 Safety Code, is transferred, a label that includes all of the following line 35 information: line 36 (a) The name of the cleaning product in the container. line 37 (b) A list of ingredients in the cleaning product in the format line 38 required by Section 108954 of the Health and Safety Code.
7 SB 258 line 1 (c) A pictogram of potential health impacts of any ingredients line 2 in the cleaning product in the form required by paragraph (2) of line 3 subdivision (a) of Section 108954 of the Health and Safety Code. O