State Codes and Statutes

Statutes > California > Hsc > 111791-111793.5

HEALTH AND SAFETY CODE
SECTION 111791-111793.5



111791.  This article shall be known, and may be cited, as the
California Safe Cosmetics Act of 2005.



111791.5.  For purposes of this article, the following terms have
the following meanings:
   (a) "Authoritative body" means any agency or formally organized
program or group recognized pursuant to Section 12306 of Title 22 of
the California Code of Regulations as being authoritative for the
purpose of identifying chemicals that cause cancer or reproductive
toxicity.
   (b) "Chemical identified as causing cancer or reproductive
toxicity" means a chemical identified pursuant to Section 25249.8 or
identified by an authoritative body as any of the following:
   (1) A substance listed as known or reasonably anticipated to be a
human carcinogen in a National Toxicology Report on carcinogens.
   (2) A substance given an overall carcinogenicity evaluation of
Group 1, Group 2A, or Group 2B by the International Agency for
Research on Cancer.
   (3) A substance identified as a Group A, Group B1, or Group B2
carcinogen, or as a known or likely carcinogen by the United States
Environmental Protection Agency.
   (4) A substance identified as having some or clear evidence of
adverse developmental, male reproductive, or female reproductive
toxicity effects in a report by an expert panel of the National
Toxicology Program's Center for the Evaluation of Risks to Human
Reproduction.
   (c) "Division" means the Division of Environmental and
Occupational Disease Control within the State Department of Health
Services.
   (d) "Ingredient" has the same meaning as that term is defined in
subdivision (e) of Section 700.3 of Part 700 of Chapter 1 of Title 21
of the Code of Federal Regulations and does not include any
incidental ingredient as defined in subdivision (l) of Section 701.3
of Part 701 of Chapter 1 of Title 21 of the Code of Federal
Regulations.
   (e) "Manufacturer" means any person whose name appears on the
label of a cosmetic product pursuant to the requirements of Section
701.12 of Title 21 of the Code of Federal Regulations.



111792.  (a) Commencing January 1, 2007, the manufacturer of any
cosmetic product subject to regulation by the federal Food and Drug
Administration that is sold in this state shall, on a schedule and in
electronic or other format, as determined by the division, provide
the division with a complete and accurate list of its cosmetic
products that, as of the date of submission, are sold in the state
and that contain any ingredient that is a chemical identified as
causing cancer or reproductive toxicity, including any chemical that
meets either of the following conditions:
   (1) A chemical contained in the product for purposes of fragrance
or flavoring.
   (2) A chemical identified by the phrase "and other ingredients"
and determined to be a trade secret pursuant to the procedure
established in Part 20 and Section 720.8 of Part 720 of Title 21 of
the Code of Federal Regulations. Any ingredient identified pursuant
to this paragraph shall be considered to be a trade secret and shall
be treated by the division in a manner consistent with the
requirements of Part 20 and Part 720 of Title 21 of the Code of
Federal Regulations. Any ingredients considered to be a trade secret
shall not be subject to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) for the purposes of this section.
   (b) Any information submitted pursuant to subdivision (a) shall
identify each chemical both by name and Chemical Abstract Service
number and shall specify the product or products in which the
chemical is contained.
   (c) If an ingredient identified pursuant to this section
subsequently is removed from the product in which it was contained,
is removed from the list of chemicals known to cause cancer or
reproductive toxicity published under Section 25249.8, or is no
longer a chemical identified as causing cancer or reproductive
toxicity by an authoritative body, the manufacturer of the product
containing the ingredient shall submit the new information to the
division. Upon receipt of new information, the division, after
verifying the accuracy of that information, shall revise the
manufacturer's information on record with the division to reflect the
new information. The manufacturer shall not be under obligation to
submit subsequent information on the presence of the ingredient in
the product unless subsequent changes require submittal of the
information.
   (d) This section shall not apply to any manufacturer of cosmetic
products with annual aggregate sales of cosmetic products, both
within and outside of California, of less than one million dollars
($1,000,000), based on the manufacturer's most recent tax year
filing.


111792.5.  (a) In order to determine potential health effects of
exposure to ingredients in cosmetics sold in the state, the division
may conduct an investigation of one or more cosmetic products that
contain chemicals identified as causing cancer or reproductive
toxicity or other ingredients of concern to the division.
   (b) An investigation conducted pursuant to subdivision (a) may
include, but not be limited to, a review of available health effects
data and studies, worksite health hazard evaluations, epidemiological
studies to determine the health effects of exposures to chemicals in
various subpopulations, and exposure assessments to determine total
exposures to individuals in various settings.
   (c) If an investigation is conducted pursuant to subdivision (a),
the manufacturer of any product subject to the investigation may
submit relevant health effects data and studies to the division.
   (d) In order to further the purposes of an investigation, the
division may require manufacturers of products subject to the
investigation to submit to the division relevant health effects data
and studies available to the manufacturer and other available
information as requested by the division, including, but not limited
to, the concentration of the chemical in the product, the amount by
volume or weight of the product that comprises the average daily
application or use, and sales and use data necessary to determine
where the product is used in the occupational setting.
   (e) The division shall establish reasonable deadlines for the
submittal of information required pursuant to subdivision (d).
Failure by a manufacturer to submit the information in compliance
with the requirements of the division shall constitute a violation of
this part.



111793.  (a) If the division determines pursuant to an investigation
that an ingredient in a cosmetic product is potentially toxic at the
concentrations present in the product or under the conditions used,
the division shall immediately refer the results of its investigation
to the Division of Occupational Safety and Health in the Department
of Industrial Relations and the Office of Environmental Health Hazard
Assessment.
   (b) Within 180 days after it receives the results of an
investigation pursuant to subdivision (b), the Division of
Occupational Safety and Health shall, pursuant to Section 147.1 of
the Labor Code, develop and present one or more proposed occupational
health standards to the Occupational Safety and Health Standards
Board in the Department of Industrial Relations, unless the Division
of Occupational Safety and Health affirmatively determines, in a
written finding within 90 days, that a standard is not necessary to
protect the health of an employee who has regular exposure to the
hazard for the period of his or her working life. The written finding
shall identify the reasons for determining the standard is not
necessary and the factual basis for the finding.



111793.5.  (a) The Legislature finds and declares the following:
   (1) The Cosmetic Ingredient Review (CIR) panel is a
nongovernmental body established and funded by the cosmetics industry
to review the safety of cosmetic ingredients.
   (2) According to a 2004 analysis of the 2003 CIR Compendium by the
Environmental Working Group, 54 cosmetic products violate the CIR's
own safe use recommendations to manufacturers by containing an
ingredient that the CIR has found is not safe for the specific use
indicated on the product's label.
   (3) Federal regulations (21 C.F.R. 740.10) require every
ingredient in a cosmetic product and every finished cosmetic product
to be adequately substantiated for safety prior to marketing, and
state that any ingredient or product whose safety has not been
adequately substantiated prior to marketing is misbranded unless it
displays a warning statement declaring, "The safety of this product
has not been determined."
   (b) The division may, as early as feasible within existing
resources, determine whether the products identified in paragraph (2)
of subdivision (a) have been adequately substantiated for safety
pursuant to Section 740.10 of Title 21 of the Code of Federal
Regulations. For any product adequately substantiated for safety, the
division shall determine if the product contains any ingredient that
the CIR has found is not safe for the specific use indicated on the
product's label.
   (c) If the division finds that a product has been adequately
substantiated for safety despite containing an ingredient that the
CIR has found is not safe for the specific use indicated on the
product's label, the division shall refer its findings to the
Attorney General and the federal Food and Drug Administration for
possible enforcement action pursuant to this part and the federal
Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).


State Codes and Statutes

Statutes > California > Hsc > 111791-111793.5

HEALTH AND SAFETY CODE
SECTION 111791-111793.5



111791.  This article shall be known, and may be cited, as the
California Safe Cosmetics Act of 2005.



111791.5.  For purposes of this article, the following terms have
the following meanings:
   (a) "Authoritative body" means any agency or formally organized
program or group recognized pursuant to Section 12306 of Title 22 of
the California Code of Regulations as being authoritative for the
purpose of identifying chemicals that cause cancer or reproductive
toxicity.
   (b) "Chemical identified as causing cancer or reproductive
toxicity" means a chemical identified pursuant to Section 25249.8 or
identified by an authoritative body as any of the following:
   (1) A substance listed as known or reasonably anticipated to be a
human carcinogen in a National Toxicology Report on carcinogens.
   (2) A substance given an overall carcinogenicity evaluation of
Group 1, Group 2A, or Group 2B by the International Agency for
Research on Cancer.
   (3) A substance identified as a Group A, Group B1, or Group B2
carcinogen, or as a known or likely carcinogen by the United States
Environmental Protection Agency.
   (4) A substance identified as having some or clear evidence of
adverse developmental, male reproductive, or female reproductive
toxicity effects in a report by an expert panel of the National
Toxicology Program's Center for the Evaluation of Risks to Human
Reproduction.
   (c) "Division" means the Division of Environmental and
Occupational Disease Control within the State Department of Health
Services.
   (d) "Ingredient" has the same meaning as that term is defined in
subdivision (e) of Section 700.3 of Part 700 of Chapter 1 of Title 21
of the Code of Federal Regulations and does not include any
incidental ingredient as defined in subdivision (l) of Section 701.3
of Part 701 of Chapter 1 of Title 21 of the Code of Federal
Regulations.
   (e) "Manufacturer" means any person whose name appears on the
label of a cosmetic product pursuant to the requirements of Section
701.12 of Title 21 of the Code of Federal Regulations.



111792.  (a) Commencing January 1, 2007, the manufacturer of any
cosmetic product subject to regulation by the federal Food and Drug
Administration that is sold in this state shall, on a schedule and in
electronic or other format, as determined by the division, provide
the division with a complete and accurate list of its cosmetic
products that, as of the date of submission, are sold in the state
and that contain any ingredient that is a chemical identified as
causing cancer or reproductive toxicity, including any chemical that
meets either of the following conditions:
   (1) A chemical contained in the product for purposes of fragrance
or flavoring.
   (2) A chemical identified by the phrase "and other ingredients"
and determined to be a trade secret pursuant to the procedure
established in Part 20 and Section 720.8 of Part 720 of Title 21 of
the Code of Federal Regulations. Any ingredient identified pursuant
to this paragraph shall be considered to be a trade secret and shall
be treated by the division in a manner consistent with the
requirements of Part 20 and Part 720 of Title 21 of the Code of
Federal Regulations. Any ingredients considered to be a trade secret
shall not be subject to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) for the purposes of this section.
   (b) Any information submitted pursuant to subdivision (a) shall
identify each chemical both by name and Chemical Abstract Service
number and shall specify the product or products in which the
chemical is contained.
   (c) If an ingredient identified pursuant to this section
subsequently is removed from the product in which it was contained,
is removed from the list of chemicals known to cause cancer or
reproductive toxicity published under Section 25249.8, or is no
longer a chemical identified as causing cancer or reproductive
toxicity by an authoritative body, the manufacturer of the product
containing the ingredient shall submit the new information to the
division. Upon receipt of new information, the division, after
verifying the accuracy of that information, shall revise the
manufacturer's information on record with the division to reflect the
new information. The manufacturer shall not be under obligation to
submit subsequent information on the presence of the ingredient in
the product unless subsequent changes require submittal of the
information.
   (d) This section shall not apply to any manufacturer of cosmetic
products with annual aggregate sales of cosmetic products, both
within and outside of California, of less than one million dollars
($1,000,000), based on the manufacturer's most recent tax year
filing.


111792.5.  (a) In order to determine potential health effects of
exposure to ingredients in cosmetics sold in the state, the division
may conduct an investigation of one or more cosmetic products that
contain chemicals identified as causing cancer or reproductive
toxicity or other ingredients of concern to the division.
   (b) An investigation conducted pursuant to subdivision (a) may
include, but not be limited to, a review of available health effects
data and studies, worksite health hazard evaluations, epidemiological
studies to determine the health effects of exposures to chemicals in
various subpopulations, and exposure assessments to determine total
exposures to individuals in various settings.
   (c) If an investigation is conducted pursuant to subdivision (a),
the manufacturer of any product subject to the investigation may
submit relevant health effects data and studies to the division.
   (d) In order to further the purposes of an investigation, the
division may require manufacturers of products subject to the
investigation to submit to the division relevant health effects data
and studies available to the manufacturer and other available
information as requested by the division, including, but not limited
to, the concentration of the chemical in the product, the amount by
volume or weight of the product that comprises the average daily
application or use, and sales and use data necessary to determine
where the product is used in the occupational setting.
   (e) The division shall establish reasonable deadlines for the
submittal of information required pursuant to subdivision (d).
Failure by a manufacturer to submit the information in compliance
with the requirements of the division shall constitute a violation of
this part.



111793.  (a) If the division determines pursuant to an investigation
that an ingredient in a cosmetic product is potentially toxic at the
concentrations present in the product or under the conditions used,
the division shall immediately refer the results of its investigation
to the Division of Occupational Safety and Health in the Department
of Industrial Relations and the Office of Environmental Health Hazard
Assessment.
   (b) Within 180 days after it receives the results of an
investigation pursuant to subdivision (b), the Division of
Occupational Safety and Health shall, pursuant to Section 147.1 of
the Labor Code, develop and present one or more proposed occupational
health standards to the Occupational Safety and Health Standards
Board in the Department of Industrial Relations, unless the Division
of Occupational Safety and Health affirmatively determines, in a
written finding within 90 days, that a standard is not necessary to
protect the health of an employee who has regular exposure to the
hazard for the period of his or her working life. The written finding
shall identify the reasons for determining the standard is not
necessary and the factual basis for the finding.



111793.5.  (a) The Legislature finds and declares the following:
   (1) The Cosmetic Ingredient Review (CIR) panel is a
nongovernmental body established and funded by the cosmetics industry
to review the safety of cosmetic ingredients.
   (2) According to a 2004 analysis of the 2003 CIR Compendium by the
Environmental Working Group, 54 cosmetic products violate the CIR's
own safe use recommendations to manufacturers by containing an
ingredient that the CIR has found is not safe for the specific use
indicated on the product's label.
   (3) Federal regulations (21 C.F.R. 740.10) require every
ingredient in a cosmetic product and every finished cosmetic product
to be adequately substantiated for safety prior to marketing, and
state that any ingredient or product whose safety has not been
adequately substantiated prior to marketing is misbranded unless it
displays a warning statement declaring, "The safety of this product
has not been determined."
   (b) The division may, as early as feasible within existing
resources, determine whether the products identified in paragraph (2)
of subdivision (a) have been adequately substantiated for safety
pursuant to Section 740.10 of Title 21 of the Code of Federal
Regulations. For any product adequately substantiated for safety, the
division shall determine if the product contains any ingredient that
the CIR has found is not safe for the specific use indicated on the
product's label.
   (c) If the division finds that a product has been adequately
substantiated for safety despite containing an ingredient that the
CIR has found is not safe for the specific use indicated on the
product's label, the division shall refer its findings to the
Attorney General and the federal Food and Drug Administration for
possible enforcement action pursuant to this part and the federal
Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 111791-111793.5

HEALTH AND SAFETY CODE
SECTION 111791-111793.5



111791.  This article shall be known, and may be cited, as the
California Safe Cosmetics Act of 2005.



111791.5.  For purposes of this article, the following terms have
the following meanings:
   (a) "Authoritative body" means any agency or formally organized
program or group recognized pursuant to Section 12306 of Title 22 of
the California Code of Regulations as being authoritative for the
purpose of identifying chemicals that cause cancer or reproductive
toxicity.
   (b) "Chemical identified as causing cancer or reproductive
toxicity" means a chemical identified pursuant to Section 25249.8 or
identified by an authoritative body as any of the following:
   (1) A substance listed as known or reasonably anticipated to be a
human carcinogen in a National Toxicology Report on carcinogens.
   (2) A substance given an overall carcinogenicity evaluation of
Group 1, Group 2A, or Group 2B by the International Agency for
Research on Cancer.
   (3) A substance identified as a Group A, Group B1, or Group B2
carcinogen, or as a known or likely carcinogen by the United States
Environmental Protection Agency.
   (4) A substance identified as having some or clear evidence of
adverse developmental, male reproductive, or female reproductive
toxicity effects in a report by an expert panel of the National
Toxicology Program's Center for the Evaluation of Risks to Human
Reproduction.
   (c) "Division" means the Division of Environmental and
Occupational Disease Control within the State Department of Health
Services.
   (d) "Ingredient" has the same meaning as that term is defined in
subdivision (e) of Section 700.3 of Part 700 of Chapter 1 of Title 21
of the Code of Federal Regulations and does not include any
incidental ingredient as defined in subdivision (l) of Section 701.3
of Part 701 of Chapter 1 of Title 21 of the Code of Federal
Regulations.
   (e) "Manufacturer" means any person whose name appears on the
label of a cosmetic product pursuant to the requirements of Section
701.12 of Title 21 of the Code of Federal Regulations.



111792.  (a) Commencing January 1, 2007, the manufacturer of any
cosmetic product subject to regulation by the federal Food and Drug
Administration that is sold in this state shall, on a schedule and in
electronic or other format, as determined by the division, provide
the division with a complete and accurate list of its cosmetic
products that, as of the date of submission, are sold in the state
and that contain any ingredient that is a chemical identified as
causing cancer or reproductive toxicity, including any chemical that
meets either of the following conditions:
   (1) A chemical contained in the product for purposes of fragrance
or flavoring.
   (2) A chemical identified by the phrase "and other ingredients"
and determined to be a trade secret pursuant to the procedure
established in Part 20 and Section 720.8 of Part 720 of Title 21 of
the Code of Federal Regulations. Any ingredient identified pursuant
to this paragraph shall be considered to be a trade secret and shall
be treated by the division in a manner consistent with the
requirements of Part 20 and Part 720 of Title 21 of the Code of
Federal Regulations. Any ingredients considered to be a trade secret
shall not be subject to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) for the purposes of this section.
   (b) Any information submitted pursuant to subdivision (a) shall
identify each chemical both by name and Chemical Abstract Service
number and shall specify the product or products in which the
chemical is contained.
   (c) If an ingredient identified pursuant to this section
subsequently is removed from the product in which it was contained,
is removed from the list of chemicals known to cause cancer or
reproductive toxicity published under Section 25249.8, or is no
longer a chemical identified as causing cancer or reproductive
toxicity by an authoritative body, the manufacturer of the product
containing the ingredient shall submit the new information to the
division. Upon receipt of new information, the division, after
verifying the accuracy of that information, shall revise the
manufacturer's information on record with the division to reflect the
new information. The manufacturer shall not be under obligation to
submit subsequent information on the presence of the ingredient in
the product unless subsequent changes require submittal of the
information.
   (d) This section shall not apply to any manufacturer of cosmetic
products with annual aggregate sales of cosmetic products, both
within and outside of California, of less than one million dollars
($1,000,000), based on the manufacturer's most recent tax year
filing.


111792.5.  (a) In order to determine potential health effects of
exposure to ingredients in cosmetics sold in the state, the division
may conduct an investigation of one or more cosmetic products that
contain chemicals identified as causing cancer or reproductive
toxicity or other ingredients of concern to the division.
   (b) An investigation conducted pursuant to subdivision (a) may
include, but not be limited to, a review of available health effects
data and studies, worksite health hazard evaluations, epidemiological
studies to determine the health effects of exposures to chemicals in
various subpopulations, and exposure assessments to determine total
exposures to individuals in various settings.
   (c) If an investigation is conducted pursuant to subdivision (a),
the manufacturer of any product subject to the investigation may
submit relevant health effects data and studies to the division.
   (d) In order to further the purposes of an investigation, the
division may require manufacturers of products subject to the
investigation to submit to the division relevant health effects data
and studies available to the manufacturer and other available
information as requested by the division, including, but not limited
to, the concentration of the chemical in the product, the amount by
volume or weight of the product that comprises the average daily
application or use, and sales and use data necessary to determine
where the product is used in the occupational setting.
   (e) The division shall establish reasonable deadlines for the
submittal of information required pursuant to subdivision (d).
Failure by a manufacturer to submit the information in compliance
with the requirements of the division shall constitute a violation of
this part.



111793.  (a) If the division determines pursuant to an investigation
that an ingredient in a cosmetic product is potentially toxic at the
concentrations present in the product or under the conditions used,
the division shall immediately refer the results of its investigation
to the Division of Occupational Safety and Health in the Department
of Industrial Relations and the Office of Environmental Health Hazard
Assessment.
   (b) Within 180 days after it receives the results of an
investigation pursuant to subdivision (b), the Division of
Occupational Safety and Health shall, pursuant to Section 147.1 of
the Labor Code, develop and present one or more proposed occupational
health standards to the Occupational Safety and Health Standards
Board in the Department of Industrial Relations, unless the Division
of Occupational Safety and Health affirmatively determines, in a
written finding within 90 days, that a standard is not necessary to
protect the health of an employee who has regular exposure to the
hazard for the period of his or her working life. The written finding
shall identify the reasons for determining the standard is not
necessary and the factual basis for the finding.



111793.5.  (a) The Legislature finds and declares the following:
   (1) The Cosmetic Ingredient Review (CIR) panel is a
nongovernmental body established and funded by the cosmetics industry
to review the safety of cosmetic ingredients.
   (2) According to a 2004 analysis of the 2003 CIR Compendium by the
Environmental Working Group, 54 cosmetic products violate the CIR's
own safe use recommendations to manufacturers by containing an
ingredient that the CIR has found is not safe for the specific use
indicated on the product's label.
   (3) Federal regulations (21 C.F.R. 740.10) require every
ingredient in a cosmetic product and every finished cosmetic product
to be adequately substantiated for safety prior to marketing, and
state that any ingredient or product whose safety has not been
adequately substantiated prior to marketing is misbranded unless it
displays a warning statement declaring, "The safety of this product
has not been determined."
   (b) The division may, as early as feasible within existing
resources, determine whether the products identified in paragraph (2)
of subdivision (a) have been adequately substantiated for safety
pursuant to Section 740.10 of Title 21 of the Code of Federal
Regulations. For any product adequately substantiated for safety, the
division shall determine if the product contains any ingredient that
the CIR has found is not safe for the specific use indicated on the
product's label.
   (c) If the division finds that a product has been adequately
substantiated for safety despite containing an ingredient that the
CIR has found is not safe for the specific use indicated on the
product's label, the division shall refer its findings to the
Attorney General and the federal Food and Drug Administration for
possible enforcement action pursuant to this part and the federal
Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).