text:
(a) Except as provided in subdivision (b), any toxic household product that contains any substance listed in subdivision (a) of Section 108765, and manufactured on and after January 1, 1992, and sold in California, shall include within the product a bittering agent that is nontoxic, in a concentration so as to render the product aversively bitter, unless the product is packaged with child-resistant safety closures in accordance with the federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and regulations adopted thereunder (16 C.F.R. 1700.1 et seq.).

(b) Any toxic household product that (1) is required to be registered with the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 135 et seq.), (2) is formulated for outdoor or food use economic poisons purposes, and (3) will be reformulated to include a bittering agent, shall comply with subdivision (a) no later than two years from the date when the Environmental Protection Agency has approved a bittering agent for use in outdoor or food use economic poisons.


kind: section

code: HSC

text:
(a) Manufacturers of toxic household products that contain any of the following substances shall comply with Section 108760, unless the manufacturer documents that there are no signs of toxicity at an oral dose of five grams of product per kilogram of body weight, or the product’s container, when full, contains a dose less than that which has previously been documented by the manufacturer to be nontoxic:

(1) Acetonitrile.

(2) Sodium bromate (600 mg or more).

(3) Potassium bromate (50 mg or more).

(4) Carbamates (used in insecticide formulations).

(5) Chlorinated hydrocarbon insecticides and solvents (5 percent or more by weight).

(6) Cyanide.

(7) Diquat.

(8) Ethylene glycol (10 percent or more by weight).

(9) Organophosphate insecticides.

(10) Metaldehyde.

(11) Methanol (methyl alcohol)(4 percent or more by weight).

(12) Phenol (10 percent or more by weight).

(13) Pine oil, in concentrations of 20 percent or more.

(14) Strychnine formulations.

(b) Due to the lack of long-term testing results for dermal exposure of available bittering agents, manufacturers of toxic household products that contain any of the following substances in liquid formulations shall, in lieu of complying with Section 108760, package their products with child-resistant safety closures in accordance with the federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and regulations adopted thereunder (16 C.F.R. 1700.1 et seq.):

(1) Camphor (2.5 percent or more by weight).

(2) Diethyltoluamide (5 percent or more by weight).

(3) Ethylhexanediol (5 percent or more by weight).

history: (History: Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

division: 104. ENVIRONMENTAL HEALTH

part: 3. PRODUCT SAFETY

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 7. Children's Poison Prevention Packaging Act


text:
(a) It is unlawful for any person to distribute or sell a toxic household product or cause a toxic household product to be distributed or sold in this state if it does not meet the requirements of this chapter.

(b) The prohibition contained in subdivision (a) shall not apply to a person engaged in the business of wholesale or retail distribution of a toxic household product, unless the person is engaged in the manufacture of the product, or has knowledge that a toxic household product that he or she is distributing or selling is in violation of this chapter.

(c) Nothing in this section shall be construed to exempt a distributor of a house brand from any provision of this chapter.

chapter: 7. Children's Poison Prevention Packaging Act


text:
(a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief in any action brought pursuant to this section.

(b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section.

(c) Whenever the person bringing the action pursuant to this section is the prevailing party, he or she shall be awarded attorney’s fees and costs by the court.


text: Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for each day of violation, that shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.


text: All civil penalties collected pursuant to Section 108780 shall be deposited in the Children’s Poison Protection Act of 1990 Fund, that is hereby created in the State Treasury. Money in the fund shall be allocated by the Emergency Medical Services Authority, when appropriated thereto by the Legislature, to the California Regional Poison Control Centers for the purpose of their poisoning prevention education programs.


text: Cautionary statements that are required by law, or regulations adopted pursuant to law, to be printed upon the labels of containers in which dangerous drugs, poisons, and other harmful substances are packaged shall be printed in the English language in a conspicuous place in type of conspicuous size in contrast to the typography, layout, or color of the other printed matter on the label.

chapter: 8. Label Requirements

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 8. Label Requirements


text: Unless a specific color is prescribed, the cautionary statements may be printed in any color, but preferably red, upon a plain and distinctly contrasting background.


text: The words “safe,” “safely,” “safety,” or words having the same meaning that would detract from the value of the cautionary statement shall not be used upon the labels of containers of dangerous drugs, poisons, and other highly toxic substances.


text: Nothing in this chapter shall apply to products produced by a laboratory licensed under Section 351 of Title III of the Public Health Service Act (Public Law 410, Chapter 373, Seventy-eighth Congress, Second Session).


text: Any violation of this chapter is a misdemeanor.


text: This chapter shall become operative January 1, 1960.


text:
The Legislature finds and declares all of the following:

(a) The program maintained by the United States Food and Drug Administration to regulate the amount of lead and cadmium released from ceramic, metal, and other dishware and tableware is inadequate to protect Californians from the importation and sale of unsafe tableware in this state.

(b) Recent inspection and sampling conducted by local and state health departments in California has demonstrated that significant amounts of unsafe tableware are in fact being imported and sold in California.

(c) The standards established by the federal government for acceptable lead and cadmium release are likely inadequate to fully protect public health and may be inconsistent with requirements that already exist in California law governing exposure to lead and cadmium.

(d) It is the intent of the Legislature that the department, first, establish its own program to protect the public from unsafe tableware and, second, develop standards for lead and cadmium release from tableware that are consistent with existing state law.

article: 1. Definitions

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 9. Control of Lead Release From Tableware > 1. Definitions


text:
For purposes of this chapter the following definitions shall apply:

(a) “Director” means the Director of Health Services.

(b) “Department” means the State Department of Health Services.

(c) “Distributor” means any person who brings tableware into California from another state for sale.

(d) “Importer” means any person who brings tableware into California from another country for sale.

(e) “Manufacturer” means any person who makes tableware sold in California.

(f) “Small business” means any manufacturer, importer, or distributor whose gross annual revenue for the sale of tableware is thirty thousand dollars ($30,000) or less.

(g) “Tableware” means any glazed ceramic, enamel metalware, or pewter article, container, or utensil that may be used in the preparation, serving, or storage of food or drink.

chapter: 9. Control of Lead Release From Tableware

article: 1. Definitions


text: It is unlawful to manufacture, process, import, sell, deliver, hold for sale, supply, or offer for sale in this state any tableware that releases a level of lead or cadmium in violation of the standards contained in the Compliance Policy Guides 7117.06 and 7117.07 as described in 54 Federal Register 23485 or any subsequent, more stringent standards adopted by the United States Food and Drug Administration, as determined by the director.

article: 2. Standards

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 9. Control of Lead Release From Tableware > 2. Standards


text:
(a) Except as provided in subdivisions (c) and (d), each piece of tableware sold, or offered for sale, in this state shall be permanently and indelibly marked with the name of the manufacturer or importer responsible for the sale of the tableware in California.

(b) For the purposes of this section, permanently and indelibly marked means fired or manufactured into the glazed tableware.

(c) This section shall not apply to any tableware that is manufactured without lead or cadmium as an intentionally added ingredient or as an unintentional contaminant.

(d) This section shall not apply to any tableware product that is of a peculiar structure or too small to accommodate the name of the manufacturer or importer in accordance with subdivision (a), provided that the product either (1) is permanently and indelibly marked with a registered trademark that is on file with the department, or is described and depicted in a certificate of registration that is on file with the department, or (2) is part of a tableware set or pattern, one or more pieces that are marked in accordance with subdivision (a).

article: 2. Standards


text: The department is responsible for the administration and enforcement of this chapter. The department, upon request, shall report to the Legislature concerning the number and findings of inspections performed and samples taken to determine compliance with this chapter.

history: (History: Amended by Stats. 2001, Ch. 745, Sec. 148. Effective October 12, 2001.)

article: 3. Enforcement

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 9. Control of Lead Release From Tableware > 3. Enforcement


text:
(a) For fiscal years 1991–92 and 1992–93, the department shall levy a fee of five hundred dollars ($500) for each manufacturer, importer, and distributor of tableware sold in this state to be used for the implementation of this chapter, except that the department shall levy a fee of one hundred fifty dollars ($150) for small businesses. A penalty of 10 percent per month shall be added to any fee that is not paid when due. The fee shall not exceed the costs of administering and enforcing this chapter for the 1991–92 and 1992–93 fiscal years.

No later than July 1993, the department shall establish and implement a fee schedule that assesses an annual fee upon manufacturers, importers, and distributors of tableware sold in California. The fees shall be based on the reasonable anticipated costs that will be incurred by the department, and by local health officers if an agreement is executed pursuant to Section 108885, to implement and enforce this chapter. In calculating the necessary fees, the department shall include any civil penalties generated pursuant to Section 100425. Commencing in fiscal year 1993–94, the fee established pursuant to this subdivision shall be adjusted pursuant to Section 100425 and shall further be adjusted annually by reducing the fee by an amount equal to the total amount of civil penalties collected pursuant to Section 108900 during the previous calendar year, divided by the total number of manufacturers, importers, and distributors having paid fees during the previous calendar year. The fee collected pursuant to subdivision (a) shall terminate upon implementation of the fee schedule developed pursuant to this subdivision. The fee schedule shall provide for the recovery of all costs of implementing this chapter, including the cost of establishing the fee schedule as prescribed in this section. In the event that the department’s reasonable costs in any one fiscal year exceed the available fees for that year, the department shall, as necessary, delay any activities in administering this chapter that will incur costs exceeding available fees until the following year. All moneys collected as fees pursuant to this section shall be expended in carrying out this chapter.

article: 3. Enforcement


text: The department and a health officer, as defined in Section 111015, may enter into an agreement designating the local health department of a city, county, city and county, or local health district as the department’s authorized agent for the purposes of enforcing this chapter. If an agreement is executed pursuant to this section, the department shall make fee revenues available to the health officer for performing duties relating to enforcing this chapter.

article: 3. Enforcement


text:
(a) For the purposes of enforcing this chapter, any authorized agent of the department may, upon presenting credentials showing that he or she is an authorized agent of the department and at a reasonable time, do any of the following:

(1) Enter any factory, warehouse, or establishment in which any tableware is manufactured, held, distributed, used, or sold.

(2) Enter any vehicle that is being used to transport or hold tableware.

(3) Enter any place where any tableware is suspected of being held or sold in violation of this chapter.

(4) Inspect any factory, warehouse, establishment, vehicle, or place in which any tableware is manufactured, held, transported, distributed, used, or sold, and all equipment, raw materials, finished and unfinished materials, containers, and tableware therein. The inspection shall include any record, file, paper, process, control, and facility that has a bearing on whether the tableware complies with this chapter.

(5) Secure any sample or specimen of any tableware or of any release of lead or cadmium from tableware. If the agent obtains any samples prior to leaving the premises, he or she shall leave a receipt describing any sample obtained. The department shall secure only the quantity of tableware that is reasonably necessary to conduct the tests to determine the release of lead or cadmium as determined appropriate by the department.

(6) Have access to all records of carriers in commerce relating to the movement in commerce of any tableware, or the holding for sale of the tableware, and the quantity, shipper, and consignee.

(b) It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, including photographs, or access to copying of any record as authorized by this chapter, or to conceal the samples or evidence, or withhold evidence concerning them.

article: 3. Enforcement


text: The department may publish or publicly distribute any information regarding tableware, including results of tests and investigations, after assuring the accuracy of those tests and investigations, as the department considers necessary for the protection of public health and safety of the consumer or for the protection of the consumer from fraud.

article: 3. Enforcement


text:
(a) The department may impose a civil penalty payable to the department upon any person who violates this chapter or any regulation adopted pursuant to this chapter in the amount of not more than five thousand dollars ($5,000) per day. Each day a violation continues shall be considered a separate violation.

(b) If, after examination of a possible violation and the facts surrounding that possible violation, the department concludes that a violation has occurred, the department may issue a complaint to the person charged with the violation. The complaint shall allege the acts or failures to act that constitute the basis for the violation and the amount of the penalty. The complaint shall be served by personal service or by certified mail and shall inform the person so served of the right to a hearing.

(c) Any person served with a complaint pursuant to subdivision (c) may, within 20 days after service of the complaint, request a hearing by filing with the department a notice of defense. A notice of defense is deemed to have been filed within the 20-day period if it is postmarked within the 20-day period. If a hearing is requested by the person, it shall be conducted within 90 days after the receipt by the department of the notice of defense. If no notice of defense is filed within 20 days after service of the complaint, the department shall issue an order setting the penalty as proposed in the complaint unless the department and the person have entered into a settlement agreement, in that case the department shall issue an order setting the penalty in the amount specified in the settlement agreement. When the person has not filed a notice of defense or where the department and the person have entered into a settlement agreement, the order shall not be subject to review by any court or agency.

(d) Any hearing required under this section shall be conducted pursuant to Section 100171, except to the extent that the procedures specified in Section 100171 are inconsistent with this section.

(e) Orders setting civil penalties under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint.

(f) Within 30 days after service of a copy of a decision issued by the director after a hearing, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of the decision or order of the director in any judicial proceeding brought to enforce the decision or order or for other remedies. Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this section. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.

(g) The remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal.

(h) If the violation is committed after a previous imposition of a penalty under this section that has become final, if the violation is committed with intent to mislead or defraud, or if the violation concerns tableware primarily used by children or marketed for children, the person shall be subject to imprisonment for not more than one year in the county jail or imprisonment in state prison, by a fine of not more than ten thousand dollars ($10,000), or by both the imprisonment and fine.

history: (History: Amended by Stats. 1997, Ch. 220, Sec. 27. Effective August 4, 1997.)

article: 3. Enforcement


text:
(a) Whenever an authorized agent of the department finds, or has probable cause to believe, that any tableware has the potential to release amounts of lead or cadmium in violation of this chapter, he or she shall affix to the tableware a detention tag, embargo tag, or other similar marking, as determined appropriate by the authorized agent. The tag or other marking shall give notice that the tableware is suspected of releasing amounts of lead or cadmium in violation of this chapter and that no person shall remove or dispose of the tableware by sale or otherwise until permission for removal or disposal is given by an authorized agent of the department or the court.

(b) For the purposes of this section, an authorized agent has probable cause to believe that tableware has the potential to release amounts of lead or cadmium in violation of this chapter when, but not limited to instances when, the tableware tests positive for lead or cadmium release using the field test described in the document published by the United States Food and Drug Administration entitled Analytical Letters Vol. 21, 1988, pages 2145 to 2154, inclusive, or any other test for lead release subsequently approved for field use by the United States Food and Drug Administration and determined by the department to be at least as effective a test for lead or cadmium release as the test described in this subdivision.

(c) If a field test conducted pursuant to subdivision (b) tests positive for lead release, the department shall use the Association of Official Analytical Chemists/American Society for Testing and Material 24-hour test method, or any other test subsequently approved by the federal Food and Drug Administration determined by the department to be at least as effective a test for lead or cadmium release as the test described in this subdivision. The department shall conduct or obtain those tests within a reasonable time after embargoing affected tableware, and shall release any tableware found not to violate the standards of this chapter within a reasonable time after the laboratory test has been completed. For any food establishment, as defined in Section 113780, the department shall conduct or obtain those tests within a reasonable time, not to exceed 10 days, after embargoing affected tableware, and shall release any tableware found not to violate the standards of this chapter within 96 hours after the laboratory test has been conducted.

(d) If an item of tableware is found to violate this chapter, the manufacturer, importer, retailer, and distributor shall, at the option of the holder of the tableware, either provide the holder of the tableware with comparable replacement tableware acceptable to the holder or be liable to the holder of the tableware for the cost of purchasing comparable replacement tableware.

(e) No person shall remove, sell, or dispose of detained or embargoed tableware without permission of an authorized agent of the department or a court.

article: 3. Enforcement


text: Any tableware that violates this chapter shall also be governed by the procedures set forth in Sections 111875, 111880, 111885, 111895, 111900, 111910, and 111915. Except for use of the procedures set forth in those sections, nothing in this section shall be interpreted as making this chapter part of Part 5 (commencing with Section 109875).

article: 3. Enforcement


text: This chapter shall become operative on July 1, 1991.

article: 3. Enforcement


text:
The Legislature finds and declares all of the following:

(a) Chemicals known as brominated flame retardants (BFRs) are widely used in California. To meet stringent fire standards, manufacturers add BFRs to a multitude of products, including plastic housing of electronics and computers, circuit boards, and the foam and textiles used in furniture.

(b) Polybrominated diphenyl ether (PBDE), which is a subcategory of BFRs, has increased fortyfold in human breast milk since the 1970s. Women in California carry more PBDEs in their bodies than anyone else studied in the world.

(c) PBDE has the potential to disrupt thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities. PBDE may also have the potential to cause cancer.

(d) Substantial efforts to eliminate BFRs from products have been made throughout the world, including private and public sectors. These efforts have made available numerous alternatives safe to human health while meeting stringent fire standards. To meet market demand, it is in the interest of California manufacturers to eliminate the use of BFRs.

(e) In order to protect the public health and the environment, the Legislature believes it is necessary for the state to develop a precautionary approach regarding the production, use, storage, and disposal of products containing brominated fire retardants.

history: (History: Added by Stats. 2003, Ch. 205, Sec. 1. Effective January 1, 2004.)

chapter: 10. Polybrominated Diphenyl Ethers

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 10. Polybrominated Diphenyl Ethers


text:
For purposes of this chapter, the following definitions apply:

(a) “OctaBDE” means octabrominated diphenyl ether or any technical mixture in which octabrominated diphenyl ether is a predominate congener.

(b) “PBDE” means polybrominated diphenyl ether.

(c) “PentaBDE” means pentabrominated diphenyl ether or any technical mixture in which pentabrominated diphenyl ether is a predominate congener.

(d) “Congener” means a specific PBDE molecule.

(e) “Process” does not include the processing of metallic recyclables containing PBDEs that is conducted in compliance with all applicable federal, state, and local laws.

(f) “Product” means a product manufactured on or after June 1, 2006.

(g) “Metallic recyclable” has the same meaning as a metallic discard, as defined in Section 42161 of the Public Resources Code.

(h) “Recycle” has the same meaning as defined in Section 40180 of the Public Resources Code.

(i) “Technical mixture” means a PBDE mixture that is sold to a manufacturer. A technical mixture is named for the predominant congener in the mixture, but is not exclusively made up of that congener.

history: (History: Amended by Stats. 2004, Ch. 641, Sec. 1. Effective January 1, 2005.)


text: On and after June 1, 2006, a person may not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1 percent of pentaBDE or octaBDE, except for products containing small quantities of PBDEs that are produced or used for scientific research on the health or environmental effects of PBDEs.

history: (History: Amended by Stats. 2004, Ch. 641, Sec. 2. Effective January 1, 2005.)


text: On or before March 1, 2004, the Senate Office of Research shall submit to the President pro Tempore of the Senate and the Senate Environmental Quality Committee recommendations regarding the regulation of PBDE, including relevant findings and rulings by the European Union.


text:
(a) On or after July 1, 2024, it is unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age.

(b) It is unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older.

(c) It shall be a defense to a violation of subdivision (a) to demonstrate either of the following:

(1) The person, retailer, or online marketplace is able to demonstrate both of the following:

(A) The purchaser acknowledged before purchase they were at least 18 years of age through an effective system created by the person, retailer, or online marketplace that is capable of verifying the age of purchasers to ensure they are above the minimum legal age to purchase a product. This system shall not completely rely on any of the following:

(i) The purchaser simply providing a date of birth without additional verification.

(ii) Using tick boxes to ask purchasers to confirm they are over the minimum age.

(iii) Using a general disclaimer such as: “Anyone ordering this product from our website will be deemed to be at least 18 years of age.”

(iv) Using an “accept” statement for the purchaser to confirm that they have read the terms and conditions and are over the minimum age.

(v) Using electronic payment services that do not verify a user’s age.

(vi) Only accepting payment by credit card without additional age verification.

(B) The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 18 years of age.

(2) The purchaser acknowledged before purchase they were at least 18 years of age, and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act (Title 1.81.47 (commencing with Section 1798.99.28) of Part 4 of Division 3 of the Civil Code).

(d) This section does not apply to the sale of sodium nitrite to a business.

(e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

history: (History: Added by Stats. 2023, Ch. 462, Sec. 2. (AB 1109) Effective January 1, 2024.)

chapter: 10.5. Sodium Nitrite

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 10.5. Sodium Nitrite


text:
(a) No person or entity shall sell or offer for sale in the state sodium nitrite at a purity level that exceeds 10 percent without the following:

(1) A clear and conspicuous label on the immediate container of the sodium nitrite stating: “WARNING: LETHAL TO INGEST. If ingested, call for emergency help. The recommended treatment for ingestion of sodium nitrite is intravenous methylene blue.”

(2) A clear and conspicuous label on the outside of the shipping package that contains sodium nitrite stating: “WARNING: Contains sodium nitrite, which can be fatal if ingested.”

(b) (1) A violation of this section shall be subject to a civil penalty of ten thousand dollars ($10,000) for the first violation, and a civil penalty of at least fifty thousand dollars ($50,000) and no more than one hundred thousand dollars ($100,000) for a second or subsequent violation. For purposes of this subdivision, failure to comply with paragraphs (1) and (2) of subdivision (a) constitute separate violations. The Attorney General or a district attorney, county counsel, or city attorney may bring an action to impose a civil penalty pursuant to this subdivision.

(2) The total civil penalty for a continuous violation of subdivision (a) shall not exceed the amount described in paragraph (1).

history: (History: Added by Stats. 2023, Ch. 469, Sec. 2. (AB 1210) Effective January 1, 2024.)

chapter: 10.6. Sodium Nitrite—Labeling

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 10.6. Sodium Nitrite—Labeling


text:
For the purposes of this chapter, the following terms have the following meanings:

(a) “Toy” means all products designed or intended by the manufacturer to be used by children when they play.

(b) “Child care article” means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

history: (History: Added by Stats. 2007, Ch. 672, Sec. 2. Effective January 1, 2008.)

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 11. Phthalates in Products for Young Children


text:
(a) Commencing January 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent.

(b) Commencing January 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product can be placed in the child’s mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.

chapter: 11. Phthalates in Products for Young Children


text:
(a) Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this chapter.

(b) Manufacturers shall not replace phthalates, pursuant to this chapter, with carcinogens rated by the United States Environmental Protection Agency as A, B, or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the “List of Chemicals Evaluated for Carcinogenic Potential,” or known to the state to cause cancer as listed in the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12).

(c) Manufacturers shall not replace phthalates, pursuant to this chapter, with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency or listed in the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12).


text:
(a) On and after January 1, 2026, no person shall manufacture, sell, or distribute in commerce any juvenile’s feeding product or juvenile’s sucking or teething product that contains any form of bisphenol above the practical quantitation limit (PQL), to be determined by the Department of Toxic Substances Control.

(b) Subdivision (a) shall not apply to medical devices, as defined in Section 109920, or to food and beverage containers designed or intended primarily to contain liquid, food, or beverages for consumption by the general population.

(c) The Department of Toxic Substances Control may establish standards for any juvenile’s feeding product or juvenile’s sucking or teething product that are more protective of public health, sensitive populations, or the environment than the standards established pursuant to subdivision (a).

(d) Notwithstanding subdivision (a), if the Department of Toxic Substances Control adopts a regulatory response described in Section 25253 regarding the use of any form of bisphenol in a product that is prohibited by this section, the prohibition of this section shall not apply to that product upon the date that the Department of Toxic Substances Control posts a notice on its internet website that it has adopted the response.

(e) Notwithstanding subdivisions (b) and (c) of Section 25257.1, this section shall not be construed to prohibit or restrict the authority of the Department of Toxic Substances Control to prioritize or take action on any products containing any form of bisphenol in order to limit exposure to or reduce the level of hazard posed by any form of bisphenol.

(f) (1) The Department of Toxic Substances Control or the Attorney General may enforce this chapter.

(2) A violation of this chapter shall be punishable by an administrative or civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.

(3) Penalties may be assessed for each violation or, for continuing violations, for each day that violation continues.

(g) The Department of Toxic Substances Control may adopt regulations to implement, enforce, interpret, or make specific this chapter.

(h) Upon appropriation by the Legislature, funds in the Toxic Substances Control Account may be used by the Department of Toxic Substances Control to implement this chapter.

history: (History: Amended by Stats. 2024, Ch. 790, Sec. 2. (SB 1266) Effective January 1, 2025.)

chapter: 12. Bisphenol

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 12. Bisphenol


text:
(a) Manufacturers shall use the least toxic alternative when replacing any form of bisphenol in a juvenile’s feeding product or juvenile’s sucking or teething product in accordance with this chapter.

(b) Manufacturers shall not replace any form of bisphenol pursuant to this chapter with chemicals classified by the United States Environmental Protection Agency as carcinogenic to humans, likely to be carcinogenic to humans, or for which there is suggestive evidence of carcinogenic potential, or identified by the state to cause cancer as listed in the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) list of chemicals known to cause cancer or reproductive toxicity.

(c) Manufacturers shall not replace any form of bisphenol pursuant to this chapter with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency or listed in the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) list of chemicals known to cause cancer or reproductive toxicity.

(d) Manufacturers shall not replace any form of bisphenol pursuant to this chapter with any chemical identified by the Department of Toxic Substances Control as a Candidate Chemical pursuant to Section 69502.2 of Title 22 of the California Code of Regulations.

history: (History: Amended by Stats. 2024, Ch. 790, Sec. 3. (SB 1266) Effective January 1, 2025.)


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Bisphenol” means a chemical with two phenol rings connected by a single linker atom. The linker atom and phenol rings may have additional substituents.

(b) “Juvenile” means an individual or individuals younger than 12 years of age.

(c) “Juvenile’s feeding product” means any consumer product, marketed for use by, marketed to, sold, offered for sale, or distributed to juveniles in the State of California that is designed or intended by the manufacturer to be filled with any liquid, food, or beverage intended primarily for consumption from that bottle or cup by a juvenile.

(d) “Juvenile’s sucking or teething product” means any consumer product, marketed for use by, marketed to, sold, offered for sale, or distributed to juveniles in the State of California that is designed or intended by the manufacturer to help a juvenile with sucking or teething in order to facilitate sleep or relaxation.

history: (History: Added by Stats. 2024, Ch. 790, Sec. 4. (SB 1266) Effective January 1, 2025.)


text:
For purposes of this chapter, the following definitions apply:

(a) “Adult mattress” means a mattress other than a crib mattress or toddler mattress.

(b) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means either of the following:

(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including, but not limited to, the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.

(2) The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine.

(c) (1) “Juvenile product” means the following products designed for use by infants and children under 12 years of age: a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress.

(2) “Juvenile product” does not include any of the following:

(A) A children’s electronic product, including, but not limited to, a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power cord.

(B) A medical device.

(C) An internal component of a juvenile product that would not come into direct contact with a child’s skin or mouth during reasonably foreseeable use and abuse of the product.

(D) An adult mattress.

(d) “Medical device” means “device” as defined in subsection (h) of Section 321 of Title 21 of the United States Code.

(e) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

history: (History: Amended by Stats. 2024, Ch. 932, Sec. 3. (AB 347) Effective January 1, 2025.)

chapter: 12.5. Juvenile Products

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 12.5. Juvenile Products


text: On and after July 1, 2023, a person, including, but not limited to, a manufacturer, shall not sell or distribute in commerce in this state any new, not previously owned, juvenile product that contains regulated PFAS chemicals.

history: (History: Added by Stats. 2021, Ch. 500, Sec. 1. (AB 652) Effective January 1, 2022.)


text: A manufacturer shall use the least toxic alternative when replacing PFAS chemicals in a juvenile product in accordance with this chapter.


text:
(a) It is the intent of the Legislature to provide consumers and workers with ingredient information about designated products that encourages informed purchasing decisions and reduces public health impacts from exposure to potentially harmful chemicals in designated products by requiring product manufacturers to provide a specific list of the chemicals used in their products, and requiring specified employers to provide that information to their employees.

(b) This chapter shall be known, and may be cited, as the Cleaning Product Right to Know Act of 2017.

history: (History: Added by Stats. 2017, Ch. 830, Sec. 1. (SB 258) Effective January 1, 2018.)

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 13. Cleaning Product Right to Know Act of 2017


text:
For purposes of this chapter, the following definitions shall 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) “Automotive product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, as defined in Section 670 of the Vehicle Code, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles. “Automotive product” does not include automotive paint or paint repair products.

(c) “Chemically formulated consumer product” means a product, excluding home appliances, that is manufactured from chemicals to be used by household, institutional, or commercial consumers without further processing for specific purposes. For the purposes of this subdivision, dilution by the user is not considered further processing.

(d) “Colorant” means ingredients that, alone or in combination with other ingredients, are added to a product for the specific purpose of imparting or altering the color of a product.

(e) “Confidential business information” means any intentionally added ingredient or combination of ingredients for which a claim has been approved by the federal Environmental Protection Agency for inclusion on the Toxic Substances Control Act (TSCA) Confidential Inventory, or for which the manufacturer or its supplier claim protection under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code) as required by Section 108955. Confidential business information shall not include any of the following:

(1) An intentionally added ingredient or combination of ingredients that is on a designated list, as defined in subdivision (g).

(2) A nonfunctional constituent, as defined in subdivision (m).

(3) A fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations, when present in the product at a concentration at or above 0.01 percent (100 ppm).

(f) “Designated product” means a finished product that is an air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for janitorial, domestic, or institutional cleaning purposes. “Designated product” shall not mean any of the following:

(1) Foods, drugs, and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap.

(2) Industrial products specifically manufactured for, and exclusively used in, the following:

(A) Oil and gas production.

(B) Steel production.

(C) Heavy industry manufacturing.

(D) Industrial water treatment.

(E) Industrial textile maintenance and processing other than industrial laundering.

(F) Food and beverage processing and packaging.

(G) Other industrial manufacturing processes.

(3) A trial sample of a designated product that is not packaged for individual sale, resale, or retail and includes a statement indicating that the product is not for sale or resale.

(g) “Designated list” means any of the following, including subsequent revisions when adopted by the authoritative body:

(1) Chemicals known to the State of California to cause cancer or reproductive toxicity that are listed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20).

(2) Chemicals classified by the European Union as carcinogens, mutagens, or reproductive toxicants pursuant to Category 1A or 1B in Annex VI to Regulation (EC) 1272/2008.

(3) Chemicals included in the European Union Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(f) for endocrine disrupting properties.

(4) Chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the federal Environmental Protection Agency’s Integrated Risk Information System.

(5) Chemicals that are identified as carcinogenic to humans, likely to be carcinogenic to humans, or as Group A, B1, or B2 carcinogens in the federal Environmental Protection Agency’s Integrated Risk Information System.

(6) Chemicals included in the European Chemicals Agency Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(d), Article 57(e), or Article 57(f) of Regulation (EC) 1907/2006 for persistent, bioaccumulative and toxic, or very persistent and very bioaccumulative properties.

(7) Chemicals that are identified as persistent, bioaccumulative, and inherently toxic to the environment by the Canadian Environmental Protection Act Environmental Registry Domestic Substances List.

(8) Chemicals classified by the European Union in Annex VI to Regulation (EC) 1272/2008 as respiratory sensitizer category 1.

(9) Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer.

(10) Neurotoxicants that are identified in the federal Agency for Toxic Substances and Disease Registry’s Toxic Substances Portal, Health Effects of Exposure to Substances and Carcinogens, Nervous System.

(11) Persistent bioaccumulative and toxic priority chemicals that are identified by the federal Environmental Protection Agency National Waste Minimization Program.

(12) Reproductive or developmental toxicants identified in Monographs on the Potential Human Reproductive and Developmental Effects published by the federal National Toxicology Program, Office of Health Assessment and Translation.

(13) Chemicals identified by the federal Environmental Protection Agency’s Toxics Release Inventory as Persistent, Bioaccumulative and Toxic Chemicals that are subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001, et seq.).

(14) The Washington Department of Ecology’s Persistent, Bioaccumulative, Toxic (PBT) Chemicals identified in Chapter 173-333 of Title 173 of the Washington Administrative Code.

(15) Chemicals that are identified as known to be, or reasonably anticipated to be, human carcinogens by the 13th Report on Carcinogens prepared by the federal National Toxicology Program. Subsequent revisions to this list shall not be incorporated.

(16) Chemicals for which notification levels, as defined in Section 116455, have been established by the State Department of Public Health or the State Water Resources Control Board.

(17) Chemicals for which primary maximum contaminant levels have been established and adopted under Section 64431 or 64444 of Title 22 of the California Code of Regulations.

(18) Chemicals identified as toxic air contaminants under Section 93000 or 93001 of Title 17 of the California Code of Regulations.

(19) Chemicals that are identified as priority pollutants in the California water quality control plans pursuant to subdivision (c) of Section 303 of the federal Clean Water Act and in Section 131.38 of Title 40 of the Code of Federal Regulations, or identified as pollutants by the state or the federal Environmental Protection Agency for one or more water bodies in the state under subdivision (d) of Section 303 of the federal Clean Water Act and Section 130.7 of Title 40 of the Code of Federal Regulations.

(20) Chemicals that are identified with noncancer endpoints and listed with an inhalation or oral reference exposure level by the Office of Environmental Health Hazard Assessment pursuant to paragraph (2) of subdivision (b) of Section 44360.

(21) Chemicals identified as priority chemicals by the California Environmental Contaminant Biomonitoring Program pursuant to Section 105449.

(22) Chemicals that are identified on Part A of the list of Chemicals for Priority Action prepared by the Oslo and Paris Conventions for the Protection of the Marine Environment of the North-East Atlantic.

(h) “Electronically readable format” means that the information provided is all of the following:

(1) Machine readable by automated systems, including, but not limited to, Web browsers, accessibility software to aid the disabled, automated scripts, and other software programs or applications.

(2) Not restricted from access by search engines.

(3) Not restricted from access by a requirement for registration, the provision of personally identifiable information, or the use of CAPTCHA or similar challenge response test technologies, whether visual, auditory, or otherwise.

(4) Conforms to the most current version of the Web Content Accessibility Guidelines (WCAG) adopted by the Web Content Accessibility Guidelines Working Group of the World Wide Web Consortium.

(i) “Fragrance ingredient” means any intentionally added substance or complex mixture of aroma chemicals, natural essential oils, and other functional ingredient or ingredients for which the sole purpose is to impart an odor or scent, or to counteract an odor.

(j) “General cleaning product” means a soap, detergent, or other chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, or otherwise care for fabric, dishes, or other wares; surfaces including, but not limited to, floors, furniture, countertops, showers, and baths; or other hard surfaces, such as stovetops, microwaves, and other appliances.

(k) “Intentionally added ingredient” means a chemical that a manufacturer has intentionally added to a designated product and that has a functional or technical effect in the designated 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 designated product.

(l) “Manufacturer” means either of the following:

(1) A person or entity who manufactures the designated product and whose name appears on the product label.

(2) A person or entity who the product is manufactured for or distributed by, as identified on the product label pursuant to the federal Fair Packaging and Labeling Act.

(m) “Nonfunctional constituent” means one of the following substances, 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 designated product:

(1) 1,4-Dioxane.

(2) 1,1-Dichloroethane.

(3) Acrylic acid.

(4) Benzene.

(5) Benzidine.

(6) 1,3-Butadiene.

(7) Carbon tetrachloride.

(8) Chloroform.

(9) Ethylene oxide.

(10) Nitrilotriacetic acid.

(11) Butyl benzyl phthalate.

(12) Butyl decyl phthalate.

(13) Di(2-ethylhexyl) phthalate.

(14) Diethyl phthalate.

(15) Diisobutyl phthalate.

(16) Di(n-octyl) phthalate.

(17) Diisononyl phthalate.

(18) Dioctyl phthalate.

(19) Butylparaben.

(20) Ethylparaben.

(21) Isobutylparaben.

(22) Methylparaben.

(23) Propylparaben.

(24) Formaldehyde.

(25) 1-(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride.

(26) DMDM hydantoin.

(27) Diazolidinyl urea.

(28) Glyoxal.

(29) Imidazolidinyl urea.

(30) Polyoxymethylene urea.

(31) Sodium hydroxymethylglycinate.

(32) 2-Bromo-2-nitropropane-1,3-diol.

(33) N-Nitrosodimethylamine.

(34) N-Nitrosodiethylamine.

(n) “Polish or floor maintenance product” means a chemically formulated consumer product, such as polish, wax, or a restorer, labeled to indicate that the purpose of the product is to polish, protect, buff, condition, temporarily seal, or maintain furniture, floors, metal, leather, or other surfaces.

(o) “Product label” means a display of written, printed, or graphic material that is affixed to a product or its immediate container or wrapper.

history: (History: Amended by Stats. 2018, Ch. 28, Sec. 1. (AB 2901) Effective January 1, 2019.)

chapter: 13. Cleaning Product Right to Know Act of 2017


text:
(a) A manufacturer of a designated product sold in the state shall disclose on the product label the information specified by either paragraph (1) or (2):

(1) (A) A list of each intentionally added ingredient contained in the product that is included on a designated list.

(B) A list of each fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004 on January 1, 2018, when present in the product at a concentration at or above 0.01 percent (100 ppm). The manufacturer shall determine the total concentration of each fragrance allergen by adding contributions of the fragrance allergen from all fragrance ingredients and other ingredients in the designated product, including its presence in essential oils.

(C) Notwithstanding subparagraph (A), an intentionally added ingredient that is known to the State of California to cause cancer or reproductive toxicity and is included on a designated list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall not be required to be listed on the designated product label until January 1, 2023.

(2) (A) A list of all intentionally added ingredients contained in the designated product, unless it is confidential business information.

(B) A statement that reads “Contains fragrance allergen(s)” shall be included on the product label when a fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations, is present in the product at a concentration at or above 0.01 percent (100 ppm). The manufacturer shall determine the total concentration of each fragrance allergen by adding contributions of the fragrance allergen from all fragrance ingredients and other ingredients in the designated product, including its presence in essential oils.

(C) Notwithstanding subparagraph (A), fragrance ingredients or colorants may be listed on the product label as “fragrances” or “colorants,” respectively.

(D) Notwithstanding subparagraph (A), an intentionally added ingredient that is known to the State of California to cause cancer or reproductive toxicity and is included on a designated list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall not be required to be listed on the designated product label until January 1, 2023.

(b) (1) A manufacturer of a designated product sold in the state shall disclose the manufacturer’s toll-free telephone number and Internet Web site address on the designated product label.

(2) If a designated product label does not include a full list of intentionally added ingredients, it shall include all of the following:

(A) A statement that reads:“For more ingredient information visit”

(B) An address for an Internet Web site that provides all of the information required by Section 108954.5.

(C) A toll-free phone number.

(c) This section shall not apply to a product that is a pesticide as defined in Section 12753 of the Food and Agricultural Code.

(d) This section shall not be construed to preclude a manufacturer from using technologies, such as electronic or digital link, in addition to the disclosures required to be printed on a designated product label, to communicate the information required by this section.


text:
(a) The manufacturer of a designated product sold in the state shall post on its Internet Web site, in an electronically readable format, the following information related to the designated product:

(1) (A) A list of each intentionally added ingredient contained in the product, except for the following:

(i) Fragrance ingredients subject to subdivision (b).

(ii) Intentionally added ingredients that are confidential business information.

(B) Notwithstanding subparagraph (A), an ingredient that is known to the State of California to cause cancer or reproductive toxicity pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall not be required to be listed until January 1, 2023.

(C) Intentionally added ingredients listed pursuant to this paragraph shall be listed in descending order of predominance by weight in the product, except that ingredients present at a weight below one percent may be listed following the other ingredients without respect to the order of predominance by weight.

(2) (A) A list of all nonfunctional constituents present in the designated product at a concentration at or above 0.01 percent (100 ppm).

(B) Notwithstanding subparagraph (A), a nonfunctional constituent that is known to the State of California to cause cancer or reproductive toxicity pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20), and triggers a product warning pursuant to that act, shall be included on the list of nonfunctional constituents.

(C) Notwithstanding subparagraphs (A) and (B), 1, 4 dioxane shall be listed if it is present in the finished designated product at a concentration at or above 0.001 percent (10 ppm).

(3) The Chemical Abstracts Service (CAS) number for any intentionally added ingredient or nonfunctional constituent listed pursuant to this section shall be listed with the name of the intentionally added ingredient or nonfunctional constituent. If a CAS number is not available or if the intentionally added ingredient is confidential business information, the phrase “not available” or “withheld,” respectively, shall be used in place of the CAS number.

(4) The functional purpose served by each intentionally added ingredient listed pursuant to this section. For fragrance ingredients or colorants, the manufacturer may list the function as a “fragrance ingredient” or “colorant.”

(5) Electronic links for designated lists shall be grouped together in a single location for any intentionally added ingredient or nonfunctional constituent that is included on a designated list and any fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations.

(6) A link to the hazard communication safety data sheet for the designated product.

(7) If a product is required to include an Internet Web site address pursuant to paragraph (1) of subdivision (b) of Section 108954, the information required to be provided by this section shall be posted no more than five clicks from the Uniform Resource Locator (URL) printed on the designated product label and no more than four clicks from a product-specific Internet Web site. If a URL is not required to be included on the designated product label, as provided in subdivision (d), the information required by this section shall be posted no more than five clicks from the manufacturer’s Internet Web site and no more than four clicks from a product-specific Internet Web site.

(b) In addition to the information required by subdivision (a), the manufacturer of a designated product sold in the state shall post on its Internet Web site, in an electronically readable format, all of the following information related to fragrance ingredients or allergens contained in the designated product:

(1) A list of all fragrance ingredients that are included on a designated list.

(2) A list of all fragrance allergens included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations, when present in the product at a concentration at or above 0.01 percent (100 ppm). The manufacturer shall determine the total concentration of each fragrance allergen by adding contributions of the fragrance allergen from all fragrance ingredients and other ingredients in the designated product, including its presence in essential oils.

(3) Notwithstanding paragraph (1), a fragrance ingredient that is known to the State of California to cause cancer or reproductive toxicity and is included on a designated list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall not be required to be listed until January 1, 2023.

(4) A list of all fragrance ingredients, other than those described in paragraphs (1) to (3), inclusive, that are present in the designated product at a concentration at or above 0.01 percent (100 ppm), unless it is confidential business information.

(c) A manufacturer of a designated product regulated under the federal Occupational Safety and Health Act of 1970 shall make the information described in paragraphs (1) to (4), inclusive, of subdivision (a) and in subdivision (b) available in an easily printable format. A manufacturer may satisfy this requirement by including this information on the product safety data sheet or in a separate printable list.

(d) A manufacturer of a designated product regulated pursuant to Section 12753 of the Food and Agricultural Code as a pesticide is not required to include a reference to an Internet Web site on the designated product label.


text:
(a) To protect confidential business information, this chapter shall not be construed to require a manufacturer to disclose the weight or amount of an intentionally added ingredient, including a fragrance ingredient, or nonfunctional constituent or to disclose how a product is manufactured, and shall not be construed to require intentionally added ingredients or nonfunctional constituents present in a designated product at a concentration below one percent to be listed in any particular order.

(b) (1) A manufacturer may protect and is not required to disclose any intentionally added ingredient, including any fragrance ingredient, or combination of intentionally added ingredients that meet the definition of confidential business information as specified in subdivision (e) of Section 108952.

(2) (A) A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients as confidential business information by declining to disclose the specific name of the chemical or chemicals being protected shall use the generic name for the intentionally added ingredient or combination of intentionally added ingredients as provided in the federal Toxic Substances Control Act (TSCA) Confidential Inventory.

(B) If the intentionally added ingredient or combination of intentionally added ingredients is not included in the TSCA Confidential Inventory, but the manufacturer claims protection for those ingredients or combination of ingredients as confidential business information under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), the manufacturer shall use a name for the intentionally added ingredient or combination of intentionally added ingredients that is only as generic as necessary to protect the confidential identity of the intentionally added ingredient or combination of intentionally added ingredients. In developing the generic name, the manufacturer shall use the generic name framework provided by the federal Environmental Protection Agency guidance for the TSCA Confidential Inventory, the European Chemicals Agency guidance for alternative chemical names, the New Jersey Trade Secret Registry Number system, or the Canadian Hazardous Materials Information Review Act Registry Number system, if applicable.

(c) A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients pursuant to the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code) shall maintain justification for protecting confidential business information consistent with the requirements of the act and provide that justification on request for audit by the Attorney General.

(d) A supplier to a manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients as confidential business information shall follow the guidelines specified in subdivisions (b) and (c) and the manufacturer shall use the generic name provided by the supplier.

history: (History: Amended by Stats. 2018, Ch. 28, Sec. 2. (AB 2901) Effective January 1, 2019.)


text:
An intentionally added ingredient, fragrance ingredient, or nonfunctional constituent listed or posted pursuant to this chapter, other than an ingredient for which use of a generic name is permitted by Section 108955, shall be listed or posted pursuant to the following nomenclature systems, in the order in which they are listed. If a name is available in either of the first listed systems, that name shall be used. If a name is not available in those systems, then a name from the next listed system shall be used, and so forth.

(a) Household and Commercial Products Association Consumer Product Ingredients Dictionary (HCPA Dictionary) or International Nomenclature of Cosmetic Ingredients (INCI).

(b) International Union of Pure and Applied Chemistry nomenclature (IUPAC).

(c) Chemical Abstracts Index name.

(d) Common Chemical Name.

history: (History: Amended by Stats. 2018, Ch. 28, Sec. 3. (AB 2901) Effective January 1, 2019.)


text:
(a) The online disclosure requirements described in Section 108954.5 shall apply to a designated product sold in the state on or after January 1, 2020.

(b) The product label disclosure requirements described in Section 108954 shall apply to a designated product sold in the state on or after January 1, 2021.

(c) A manufacturer may label a designated product manufactured before January 1, 2021, in accordance with this chapter.

(d) A designated product manufactured prior to the dates specified in subdivisions (a), (b), and (c), shall be deemed in compliance with the requirements of this chapter if the designated product displays either of the following on the designated product:

(1) The day, month, and year of manufacture of the product.

(2) A code indicating the date described in paragraph (1).

(e) A manufacturer that is required to make a revision to information disclosed online pursuant to Section 108954.5 due to a change in a designated trait list or in Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004 shall make the revision no later than six months after the adoption of the revised list by its authoritative body, unless a later effective date for changes is imposed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) or Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004.

(f) A manufacturer that is required to make a revision to information disclosed on a product label pursuant to Section 108954 due to a change in a designated trait list or in Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004 shall make the revision no later than 18 months after the adoption of the revised list by its authoritative body, unless a later effective date for changes is imposed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) or Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004.

(g) A manufacturer shall make any revision required as a result of a change in the chemical naming protocols set out in Section 108955.5 when it revises its label pursuant to subdivision (f) of this section.

(h) A designated product manufactured prior to the expiration of the time periods described in subdivision (e) or (f) shall be deemed in compliance with this chapter if the designated product displays either of the following on the designated product:

(1) The day, month, and year of manufacture of the product.

(2) A code indicating the date described in paragraph (1).

(i) If a manufacturer uses a code to indicate the date on the product, the manufacturer shall provide a statement on the manufacturer’s Internet Web site that indicates that the information on the date of manufacture of a designated product may be obtained by calling a toll-free phone number and shall provide the toll-free phone number, or post on the manufacturer’s Internet Web site how to determine the date from the code on the designated product.


text: A designated product shall not be sold in the state unless the designated product and the manufacturer of the designated product comply with this chapter.


text: Nothing in this chapter shall be construed to restrict the authority of the Department of Toxic Substances Control to take action on any cleaning product pursuant to its authority under Chapter 6.5 (commencing with Section 25251) of Division 20 and consistent with this act.


text:
For purposes of this article, the following terms have the following definitions:

(a) “Apparel” means any of the following:

(1) Clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for workwear. Clothing items intended for regular wear or formal occasions does not include personal protective equipment or clothing items for exclusive use by the United States military.

(2) Outdoor apparel.

(3) Outdoor apparel for severe wet conditions.

(b) “Manufacturer” has the same meaning as that term is defined in Section 108952.

(c) “Outdoor apparel” means clothing items intended primarily for outdoor activities, including, but not limited to, hiking, camping, skiing, climbing, bicycling, and fishing.

(d) “Outdoor apparel for severe wet conditions” means outdoor apparel that are extreme and extended use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use. Examples of extreme and extended use products include outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering.

(e) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(f) “Personal protective equipment” means equipment worn to minimize exposure to hazards that cause serious workplace injuries and illnesses that may result from contact with chemical, radiological, physical, biological, electrical, mechanical, or other workplace or professional hazards.

(g) “Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS” means either of the following:

(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.

(2) The presence of PFAS in a product or product component at or above the following thresholds, as measured in total organic fluorine:

(A) Commencing January 1, 2025, 100 parts per million.

(B) Commencing January 1, 2027, 50 parts per million.

(h) “Textile” means any item made in whole or part from a natural, manmade, or synthetic fiber, yarn, or fabric, and includes, but is not limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon, or polyester. “Textile” does not include single-use paper hygiene products, including, but not limited to, toilet paper, paper towels or tissues, or single-use absorbent hygiene products. For purposes of this subdivision, “single use” has the same meaning as in Section 42041 of the Public Resources Code.

(i) (1) “Textile articles” means textile goods of a type customarily and ordinarily used in households and businesses, and include, but are not limited to, apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and tablecloths.

(2) “Textile articles” does not include any of the following:

(A) Any of the following items regulated under the Safer Consumer Products Program (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations):

(i) Carpets and rugs.

(ii) Treatments containing PFAS for use on converted textiles or leathers.

(B) A vehicle, as defined in Section 670 of the Vehicle Code, including, but not limited to, an off-highway motor vehicle, as defined in Section 38012 of the Vehicle Code, or its component parts.

(C) A vessel, as defined in Section 21 of the Harbors and Navigation Code, or its component parts, such as boat covers.

(D) Filtration media and filter products used in industrial applications, including, but not limited to, chemical or pharmaceutical manufacturing, and environmental control technologies.

(E) Textile articles used in or for laboratory analysis and testing.

(F) An aircraft, as defined in Section 21012 of the Public Utilities Code, or its component parts.

(G) Stadium shades or other architectural fabric structures. For purposes of this subparagraph, “architectural fabric structure” means a permanent fabric structure that is intrinsic to a building’s design or construction.

history: (History: Added by Stats. 2022, Ch. 762, Sec. 2. (AB 1817) Effective January 1, 2023.)

chapter: 13.5. Textile Articles

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 13.5. Textile Articles


text:
(a) (1) Except as provided in paragraph (2), commencing January 1, 2025, no person shall manufacture, distribute, sell, or offer for sale in the state any new, not previously used, textile articles that contain regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.

(2) Paragraph (1) does not apply to outdoor apparel for severe wet conditions until January 1, 2028. However, commencing January 1, 2025, no person shall distribute, sell, or offer for sale in the state any new, not previously used, outdoor apparel for severe wet conditions that contain regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS unless it is accompanied by a legible and easily discernable disclosure with the statement “Made with PFAS chemicals,” including for online listings of products for sale.

(b) A manufacturer shall use the least toxic alternative, including alternative design, when removing regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS in textile articles to comply with this chapter.

(c) A manufacturer of a textile article shall provide persons that offer the product for sale or distribution in the state with a certificate of compliance stating that the textile article is in compliance with the requirements of this chapter and does not contain any regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. A certificate of compliance provided pursuant to this subdivision shall be signed by an authorized official of the manufacturer. The certificate of compliance may be provided electronically.

(d) A distributor or retailer of a textile article, if they are not also the manufacturer of the product, shall not be held in violation of this chapter if they relied in good faith on the certificate of compliance provided by the manufacturer pursuant to subdivision (c).


text:
(a) Commencing January 1, 2025, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients:

(1) Dibutyl phthalate (CAS no. 84-74-2).

(2) Diethylhexyl phthalate (CAS no. 117-81-7).

(3) Formaldehyde (CAS no. 50-00-0).

(4) Paraformaldehyde (CAS no. 30525-89-4).

(5) Methylene glycol (CAS no. 463-57-0).

(6) Quaternium-15 (CAS no. 51229-78-8).

(7) Mercury (CAS no. 7439-97-6).

(8) Isobutylparaben (CAS no. 4247-02-3).

(9) Isopropylparaben (CAS no. 4191-73-5).

(10) m-Phenylenediamine and its salts (CAS no. 108-45-2).

(11) o-Phenylenediamine and its salts (CAS no. 95-54-5).

(12) The following per- and polyfluoroalkyl substances (PFAS) and their salts:

(A) Perfluorooctane sulfonate (PFOS); heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1).

(B) Potassium perfluorooctanesulfonate; potassium heptadecafluorooctane-1-sulfonate (CAS no. 2795-39-3).

(C) Diethanolamine perfluorooctane sulfonate (CAS 70225-14-8).

(D) Ammonium perfluorooctane sulfonate; ammonium heptadecafluorooctanesulfonate (CAS 29081-56-9).

(E) Lithium perfluorooctane sulfonate; lithium heptadecafluorooctanesulfonate (CAS 29457-72-5).

(F) Perfluorooctanoic acid (PFOA)(CAS no. 335-67-1).

(G) Ammonium pentadecafluorooctanoate (CAS no. 3825-26-1).

(H) Nonadecafluorodecanoic acid (CAS no. 355-76-2).

(I) Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7).

(J) Sodium nonadecafluorodecanoate (CAS no. 3830-45-3).

(K) Perfluorononanoic acid (PFNA)(CAS no. 375-95-1).

(L) Sodium heptadecafluorononanoate (CAS no. 21049-39-8).

(M) Ammonium perfluorononanoate (CAS no. 4149-60-4).

(b) Except as provided in paragraph (2) of subdivision (f), commencing January 1, 2027, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients:

(1) Lily aldehyde (CAS no. 80-54-6).

(2) Acetaldehyde (CAS no. 75-07-0).

(3) Cyclohexylamine (CAS no. 108-91-8).

(4) Cyclotetrasiloxane (CAS no. 556-67-2).

(5) Phytonadione (CAS no. 84-80-0).

(6) Sodium perborate (CAS no. 15120-21-5).

(7) Styrene (CAS no. 100-42-5).

(8) Trichloroacetic acid (CAS no. 76-03-9).

(9) Tricresyl phosphate (CAS no. 1330-78-5).

(10) Vinyl acetate (CAS no. 108-05-4).

(11) 2-Chloracetamide (CAS no. 79-07-2).

(12) Allyl isothiocyanate (CAS no. 57-06-7).

(13) Anthraquinone (CAS no. 84-65-1).

(14) Malachite green (CAS no. 569-64-2).

(15) Oil from the seeds of Laurus nobilis L. (CAS no. 84603-73-6).

(16) Pyrogallol (CAS no. 87-66-1).

(17) C.I. disperse blue 1 (CAS no. 2475-45-8).

(18) Trisodium nitrilotriacetate (CAS no. 5064-31-3).

(19) The following boron substances:

(A) Perboric acids:

(i) Sodium salt (CAS no. 11138-47-9).

(ii) Sodium salt, monohydrate (CAS no. 12040-72-1).

(iii) Sodium perborate monohydrate (CAS no. 10332-33-9).

(B) Boric acid (CAS nos. 10043-35-3 and 11113-50-1).

(C) Borates, tetraborates, octaborates, and boric acid salts and esters, including all of the following:

(i) Disodium octaborate anhydrous (CAS no. 12008-41-2).

(ii) Disodium octaborate tetrahydrate (CAS no. 12280-03-4).

(iii) 2-Aminoethanol, monoester with boric acid (CAS no. 10377-81-8).

(iv) 2-Hydroxypropyl ammonium dihydrogen orthoborate (CAS no. 68003-13-4).

(v) Potassium borate, boric acid potassium salt (CAS no. 12712-38-8).

(vi) Trioctyldodecyl borate.

(vii) Zinc borate (CAS no. 1332-07-6).

(viii) Sodium borate, disodium tetraborate anhydrous; boric acid, sodium salt (CAS no. 1330-43-4).

(ix) Tetraboron disodium heptaoxide, hydrate (CAS no. 12267-73-1).

(x) Orthoboric acid, sodium salt (CAS no. 13840-56-7).

(xi) Disodium tetraborate decahydrate; borax decahydrate (CAS no. 1303-96-4).

(xii) Disodium tetraborate pentahydrate; borax pentahydrate (CAS no. 12179-04-3).

(20) C.I. disperse blue 3 (CAS no. 2475-46-9).

(21) Basic green 1 (CAS no. 633-03-4).

(22) Basic blue 7 (CAS no. 2390-60-5).

(23) 3(or5)-((4-(benzylmethylamino)phenyl)azo)-1,2 -(or1,4)-dimethyl-1H-1,2,4-triazolium and its salts (CAS nos. 89959-98-8 and 12221-69-1).

(24) Basic violet 4 (CAS no. 2390-59-2).

(25) Basic blue 3 (CAS no. 33203-82-6).

(26) Basic blue 9 (CAS no. 61-73-4).

(27) Musk ambrette (CAS no. 83-66-9).

(28) Musk tibetene (CAS no.145-39-1).

(29) Musk moskene (CAS no. 116-66-5).

(30) Musk xylene (CAS no. 81-15-2).

(c) (1) Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce a cosmetic product that contains more than 1.4 percent in fine fragrance products, 0.56 percent in eau de toilette, 0 percent in oral products, and 0.042 percent in all other products of musk ketone (CAS no. 81-14-1).

(2) “Oral products” means a cosmetic product that is intended to be applied on teeth or the mucous membranes of the oral cavity.

(d) If a cosmetic product made through manufacturing processes intended to comply with this chapter contains a technically unavoidable trace quantity of an ingredient listed in subdivision (a) or (b) and that trace quantity stems from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging, that trace quantity shall not cause the cosmetic product to be in violation of this section.

(e) For purposes of this section, “ingredient” has the same meaning as defined in Section 111791.5.

(f) (1) Commencing January 1, 2027, a person or entity that manufactures, sells, delivers, holds, or offers for sale in commerce a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) shall include on the product label the following statement: “WARNING: IT IS RECOMMENDED TO CONSULT WITH A DOCTOR BEFORE USE, particularly if you have sensitivity in your lower pelvis or abdomen, a sexually transmitted disease (STD), pelvic inflammatory disease (PID), vaginal bleeding, sores, ulcerations, nausea, fever, or chills. Do not use on broken or irritated skin. Stop use and contact a doctor if symptoms persist or worsen, or if you experience irritation, burning, bleeding, or cramping. NOT FOR ORAL CONSUMPTION. FOR VAGINAL USE ONLY. DO NOT USE IF PREGNANT, TRYING TO CONCEIVE, OR NURSING. IF YOU BECOME PREGNANT WHILE USING THIS PRODUCT, DISCONTINUE USE IMMEDIATELY. If swallowed, get medical help or contact Poison Control Center immediately. Some boric acid suppository products may break down a condom—ensure product has completely dissolved before having sex.”

(2) Commencing January 1, 2035, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce a vaginal suppository product that contains intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1).

(3) Paragraphs (1) and (2) shall not apply to a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) if the product becomes regulated as a drug by the United States Food and Drug Administration.

history: (History: Amended by Stats. 2025, Ch. 432, Sec. 2.5. (AB 60) Effective January 1, 2026.)

chapter: 14. Cosmetic Safety

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 14. Cosmetic Safety


text:
The Legislature finds and declares all of the following:

(a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as “PFAS,” are highly toxic and highly persistent in the environment.

(b) PFAS are referred to as “forever chemicals” because they are extremely resistant to degradation in the natural environment, including the water, the soil, the air, and our bodies, because of their carbon-fluorine bond, one of the strongest bonds known in nature.

(c) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including breast and other cancers, hormone disruption, kidney and liver damage, thyroid disease, developmental harm, and immune system disruption, including interference with vaccines.

(d) PFAS are used to provide stain, grease, and water resistance in a wide variety of consumer products, including food packaging, cookware, cleaning products, rugs and carpets, home furnishings, household linens, childcare products, and apparel, including outdoor wear and beauty and personal care products.

(e) Because of the widespread use of PFAS, they can be found in water, air, fish, and soil at locations across the nation and the globe. Due to this widespread use, the federal Centers for Disease Control and Prevention’s National Health and Nutrition Examination Survey (NHANES) found PFAS in the blood of 97 percent of Americans, suggesting virtually ubiquitous exposure of Californians to these highly toxic chemicals. This widespread use has also resulted in broad PFAS dispersal in indoor and outdoor environments, including the PFAS contamination of the drinking water of approximately 16 million Californians, particularly in disadvantaged communities, of breast milk, and of indoor and outdoor air.

(f) The European Union has committed in its “Chemicals Strategy for Sustainability Towards a Toxic-Free Environment” to phasing out PFAS unless a specific use is proven essential for society, in part because the costs from exposure to PFAS in Europe have been estimated between fifty-two billion euros (€52,000,000,000) and eighty-four billion euros (€84,000,000,000) per year, or between fifty-eight billion dollars ($58,000,000,000) and ninety-five billion dollars ($95,000,000,000).

(g) The Legislature has acted to protect Californians from exposure to PFAS by recently enacting laws to ban firefighting foams, paper-based food packaging, and specified children’s products containing any of the full class of PFAS chemicals. The Legislature has also acted to restrict the total PFAS concentration in products labeled compostable, and in products labeled recyclable. In 2020, the Legislature also acted to ban the use of 13 specified PFAS substances in cosmetic products.

(h) PFAS chemicals have been found in a wide variety of cosmetics and personal care products, including foundation, mascara, lipstick, and various eye and face products.

(i) The Legislature intends to protect the health of Californians and the environment by prohibiting the sale or distribution of any beauty or personal care product containing PFAS chemicals.

history: (History: Added by Stats. 2022, Ch. 804, Sec. 1. (AB 2771) Effective January 1, 2023.)


text: Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).

history: (History: Added by Stats. 2022, Ch. 804, Sec. 2. (AB 2771) Effective January 1, 2023.)


text:
For purposes of this chapter, the following terms have the following definitions:

(a) “Cosmetic product” means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.

(b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(c) “Intentionally added PFAS” means either of the following:

(1) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.

(2) PFAS chemicals that are intentional breakdown products of an added chemical.

(d) “Product label” means a display of written, printed, or graphic matter upon a cosmetic product or upon its immediate container.

history: (History: Amended by Stats. 2025, Ch. 208, Sec. 3. (SB 39) Effective October 1, 2025.)


text:
For the purposes of this chapter, the following terms have the following meanings:

(a) “Department” means the Department of Toxic Substances Control.

(b) “Hair relaxer product” means a cosmetic product, as defined in Section 108982, that is sold either as an individual component or as a kit with multiple components and is designed to permanently straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a person’s hair.

history: (History: Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)

chapter: 14.5. Hair Relaxers

path: 104. ENVIRONMENTAL HEALTH > 3. PRODUCT SAFETY > 14.5. Hair Relaxers


text: On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.


text:
(a) (1) On or before January 1, 2028, the department shall identify and publish on its internet website appropriate third-party accreditations for laboratories for the testing of hair relaxer products for the presence of all of the following intentionally added ingredients:

(A) Formaldehyde (CAS no. 50-00-0).

(B) Isobutylparaben (CAS no. 4247-02-3).

(C) Isopropylparaben (CAS no. 4191-73-5).

(D) Cyclohexylamine (CAS no. 108-91-8).

(E) Cyclotetrasiloxane (CAS no. 556-67-2),

(F) Diethanolamine perfluorooctane sulfonate (CAS no. 70225-14-8).

(G) Dibutyl phthalate (CAS no. 84-74-2).

(H) Diethylhexyl phthalate (CAS no. 117-81-7).

(I) Lily aldehyde (CAS no. 80-54-6).

(2) The department may publish on its internet website a list of accepted testing methods for the testing of hair relaxer products for the presence of the ingredients described in paragraph (1).

(b) (1) The department may update the list of accepted testing methods as necessary.

(2) The department may update the list of intentionally added ingredients described in subdivision (a) to include additional ingredients described in Chapter 14 (commencing with Section 108980).


text: Hair relaxer products are subject to the prohibition against manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product containing an intentionally added ingredient specified in Chapter 14 (commencing with Section 108980).


text:
(a) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance of a hair relaxer product with Chapter 14 (commencing with Section 108980) for the ingredients described in Section 108985.2.

(b) The department may test hair relaxer products to support enforcement of this chapter.


text:
(a) The department shall issue a notice of violation to a person or entity if either of the following occurs:

(1) The department’s testing of a hair relaxer product or review of a hair relaxer product’s ingredient label indicates that a hair relaxer product contains an intentionally added ingredient described in Section 108985.2.

(2) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.

(b) A notice of violation shall indicate the nature of the violation, and may do either or both of the following:

(1) Assess an administrative or civil penalty against the person or entity.

(2) Require compliance with Chapter 14 (commencing with Section 108980) through specified methods, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state.


text:
(a) A violation of Chapter 14 (commencing with Section 108980) for the unlawful manufacturing, selling, delivering, holding, or offering for sale in commerce of a cosmetic product containing any of the ingredients described in Section 108985.2 is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty.

(b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.

(c) In assessing the amount of a penalty for a violation of this chapter, the department or court may consider all of the following:

(1) The nature and extent of the violation.

(2) The number and severity of the violations.

(3) The economic effect of the penalty on the violator.

(4) Whether the violator took good faith measures to comply with this chapter and when the measures were taken.

(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.

(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known.

(d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

(e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.

(f) A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorney’s fees and costs by the court.


text:
(a) (1) The Combating Unsafe ReLaxers (C.U.R.L.) Act Fund is hereby created in the State Treasury.

(2) Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund.

(b) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund shall be available for the department’s reasonable costs of implementing this chapter.

(c) (1) The department’s duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter.

(2) Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the department’s activities pursuant to this chapter, funds may be used as a loan by the department for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the department’s reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the department’s activities pursuant to this chapter.