BILL NUMBER: SB 928	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 17, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 1, 2010

   An act to add Article 10.10 (commencing with Section 25219.5) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
consumer product safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 928, as amended, Simitian.  Consumer products: content
information.
   Existing law regulates the labeling and use of various consumer
products, including toys and toxic household products.
   Existing law, administered by the Department of Toxic Substances
Control, prohibits the management of hazardous waste, except in
accordance with the hazardous waste laws or the regulations adopted
by the department. A violation of these laws is a crime.
   This bill would prohibit the manufacture, sale, or distribution of
a designated consumer product, as defined, unless the manufacturer
discloses each ingredient, as defined, contained in the product,
identified in a prescribed manner, by posting that information on the
manufacturer's Internet Web site, and provides the Web site and page
address on the product label, along with a prescribed statement.
   The bill would, under specified circumstances, allow nondisclosure
of ingredients defined as trade secrets. 
   Existing law requires the department to establish the Toxics
Information Clearinghouse, to provide a decentralized, Web-based
system for the collection, maintenance, and distribution of specific
chemical hazard trait and environmental and toxicological end-point
data.  
   This bill would specify that it does not limit, supersede,
duplicate, or otherwise conflict with the authority of the department
to fully implement prescribed provisions relating to the operation
of the clearinghouse. 
   The bill would declare that its provisions are severable and if
any provision of the bill is held invalid, that invalidity would not
affect other provisions or applications that can be given effect
without the invalid provision or application.
   By creating a new crime, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
Consumer Right to Know Act.
  SEC. 2.  The Legislature finds and declares the following:
   (a) There are currently more than 80,000 chemicals in commerce
listed on the United States Environmental Protection Agency's
inventory of chemicals under the federal Toxic Substance Control Act.

   (b) Each day a total of 42 billion pounds of chemical substances
are produced in, or imported in to, the United States for commercial
and industrial uses.
   (c) According to a 1997 report published by the State Air
Resources Board there are more than 147,274,180 pounds of general
purpose cleaners sold in California each day.
   (d) These substances come in direct contact with people in their
workplaces and in their homes.
   (e) A 2009 biomonitoring report conducted by the federal Centers
for Disease Control and Prevention found in measurable amounts 212
chemicals in the blood and urine of a representative sample of the
California population.
   (f) Current federal and state laws do not require manufacturers to
disclose to consumers the ingredients contained in all cleaning
products.
   (g) According to the United States Environmental Protection
Agency, nearly 20 percent of all chemicals in commerce in the United
States are kept secret by manufacturers.
   (h) There is a growing awareness and concern among consumers about
the exposure to chemicals in their homes and workplaces and the lack
of transparency about chemical content in the consumer products they
purchase and use and the potential adverse health and environmental
impacts caused by those products.
   (i) It is, therefore, the intent of the Legislature in enacting
the Consumer Right to Know Act to provide greater transparency to
consumers about the ingredients of air care, automotive, cleaning,
and polish and floor maintenance products in order to empower
consumers to make informed decisions about the products they purchase
and use.
  SEC. 3.  Article 10.10 (commencing with Section 25219.5) is added
to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:


      Article 10.10.  Chemically Formulated Consumer Products


   25219.5.  For purposes of this article, the following definitions
shall apply:
   (a) "Chemically formulated consumer product" means a consumer
product that is manufactured from chemicals or chemical compounds to
be used by household, institutional, commercial, and industrial
consumers without further processing for specific purposes. For the
purposes of this subdivision, dilution by the consumer is not
considered further processing.
   (b) "Consumer product" has the same meaning as that term is
defined in subdivision (e) of Section 25251.
   (c) "Department" means the Department of Toxic Substances Control.

   (d) "Designated consumer product" means any product included in
the following categories:
   (1) "Air care product" means a chemically formulated consumer
product designed, or labeled to indicate that the purpose of the
product is, for masking odors, or for freshening, cleaning, scenting,
or deodorizing the air.
   (2) "Automotive product" means a chemically formulated consumer
product designed, or 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.
   (3) "Cleaning product" means a soap, detergent, or other
chemically formulated consumer product designed, or labeled to
indicate that the purpose of the product is, to clean  or
disinfect  surfaces, including, but not limited to, floors,
furniture, countertops, showers and baths, or other hard surfaces,
such as stovetops, microwaves, and other appliances, fabric care, or
dish or other ware washing.
   (4) "Polish or floor maintenance product" means a chemically
formulated consumer product, such as polish, wax, or a restorer,
designed, or 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.
   (e) "Hazardous substance" means a chemical, or chemical compound,
including breakdown products, identified by a state or federal agency
or other governmental body or the World Health Organization as
potentially having properties of eye and skin irritation,
sensitization, acute or chronic toxicity, carcinogenicity,
cytotoxicity, neurotoxicity, developmental or reproductive toxicity,
or both, endocrine disruption, or ecotoxicity.
   (f) "Incidental ingredient" means a chemical that has no technical
or functional effect on the designated consumer product. "Incidental
ingredients" are any of the following:
   (1) Substances that have no technical or functional effect in the
product, but are present by reason of having been incorporated into
the product in an amount not greater than 0.01 percent as an
ingredient of another product.
   (2) Processing aids. Processing aids are either of the following:
   (A) Substances that are added to a designated consumer product
during the processing of the designated consumer product, but are
removed from the product in accordance with good manufacturing
practices before it is packaged in its finished form.
   (B) Substances that are added to a designated consumer product
during processing for their technical or functional effect in the
processing, are converted to substances the same as constituents of
declared ingredients, and do not significantly increase the
concentration of those constituents.
   (3) Incidental ingredients do not include substances that are
produced as a result of the processing of the designated consumer
product.
   (g) "Ingredient" means a chemical in a designated consumer
product. As used in this subdivision, ingredients may be substances
or compounds. The term "ingredient" does not include incidental
ingredients.
   (h) "Manufacturer" means a person or entity that manufactures,
assembles, produces, packages, repackages, or relabels a designated
consumer product that is sold, distributed, or used in this state.
   (i) "Trade secret" has the same meaning as that term is defined in
subdivision (d) of Section 3426.1 of the Civil Code, except as
provided by this subdivision.
   (1) Any ingredient or incidental ingredient that is a hazardous
substance shall not be considered a trade secret.
   (2) Any designated consumer product or ingredient or incidental
ingredient of a designated consumer product that  can be
reverse engineered   is readily discover   able
by analysis  shall not be considered a trade secret.
   25219.6.  Commencing July 1, 2011, no designated consumer product
may be manufactured, sold, or otherwise distributed in this state
unless the manufacturer discloses each ingredient contained in the
product by posting the product ingredient information on the
manufacturer's Internet Web site and provides the Web site and page
address on the label of the designated product along with a statement
directing the consumer to the Internet Web site for information
concerning ingredients contained in the product.
   25219.7.  (a) Ingredients in a designated consumer product shall
be identified by the Chemical Abstract Service (CAS) number and
either the Consumer Specialty Products Association Consumer Product
Ingredients Dictionary (CSPA dictionary) name, if and when the
dictionary is made accessible to the public, or the International
Nomenclature Cosmetic Ingredient (INCI) name. If there is not a CSPA
dictionary name or INCI name, then the ingredients in a designated
consumer product shall be identified by the CAS number and the
International Union of Pure and Applied Chemistry (IUPAC) name. If
there is  not an   no  CSPA dictionary
name, INCI name, or IUPAC name, then the product shall be identified
by the CAS number and common chemical name.
   (b) In identifying the ingredient name, the manufacturer shall
also identify which of the nomenclature references were used for
ingredient identification.
   25219.8.  In the event there is a substitution of an ingredient in
a designated consumer product, the disclosure required by this
article shall specify alternatives to any ingredients that may be
affected. An alternative ingredient shall be declared either:
   (a) Immediately following the normally used ingredient for which
it substitutes, in which case it shall be identified as an
alternative ingredient by the word "or" following the name of the
normally used ingredient and any other alternative ingredient.
   (b) Following the declaration of all normally used ingredients, in
which case the alternative ingredients in the group so listed shall
be identified as alternative ingredients by the phrase "may also
contain."
   25219.9.  For purposes of this article, a manufacturer shall not
be required to disclose ingredients falling within the definition of
trade secret, unless that information is otherwise required to be
publicly disclosed under another law of this state, has been publicly
disclosed by the manufacturer, or has been lawfully disclosed by a
governmental entity. A manufacturer shall indicate the existence of
trade secret information in the disclosure required under Section
25219.6 by individually identifying trade secret protected chemicals
and chemical compounding using a functional class descriptor name and
stating that that ingredient is a trade secret.
   25219.10.  (a) Notwithstanding Section 6254.7 of the Government
Code, if a manufacturer believes that disclosure of information
pursuant to this section involves the release of a trade secret, the
manufacturer shall make written disclosure to the department and
substantiate in writing the basis of the trade secret. In its written
notice, the manufacturer shall specify the information it is keeping
confidential and provide to the department at the time of submission
full justification and documentation in writing supporting the trade
secrecy claim, including specific explanation and documentation of
all of the following:
   (1) How the information derives independent economic value, actual
or potential, from not being known to the general public.
   (2) The ease or difficulty by which information could be properly
acquired or duplicated if disclosure is made.
   (3) How revealing the chemical identity would expressly reveal the
process by which the chemical is made or the portion of a mixture
the chemical comprises or the proprietary nature of the chemical
itself.
   (4) What efforts are taken by the manufacturer to maintain its
secrecy.
   (5) The barriers to reverse engineering of the relevant consumer
product.
   (6) The basis of the manufacturer's determination that the
ingredient is not a hazardous substance.
   (b) Subject to this section, the department shall protect from
disclosure a trade secret designated as a trade secret by the
manufacturer for a period of six years, if that trade secret is not a
public record. After that period expires, the manufacturer may
resubstantiate the need for trade secrecy protection.
   (c) Upon either, receipt of a request for the release of
information to the public that includes information that the
manufacturer has notified the department is a trade secret and that
is not a public record, or a determination by the department that
information claimed as a trade secret is subject to public
disclosure, both of the following procedures apply:
   (1) The department shall notify the manufacturer that disclosed
the information to the department of the request or determination, in
writing by certified mail, return receipt requested.
   (2) The department shall release the information to the public,
but not earlier than 30 days after the date of mailing the notice of
the request for information or determination, unless, prior to the
expiration of the 30-day period, the manufacturer initiates an action
in an appropriate court for a declaratory judgment that the
information is subject to protection under this section or for a
preliminary injunction prohibiting disclosure of the information to
the public and promptly notifies the department of that action. In
order to prevent the department from releasing the information to the
public, the manufacturer shall obtain a declaratory judgment or
preliminary injunction within 30 days of filing an action for a
declaratory judgment or preliminary injunction.
   (d) This section does not authorize a manufacturer to refuse to
disclose ingredient information to the department.
   (e) Any information that a court, pursuant to this section,
determines is a trade secret and not a public record, or pending
final judgment pursuant to subdivision (c), shall not be disclosed by
the state agency to anyone, except to an officer or employee of a
city or county, the state, or the United States, or to a contractor
with a city or county, or the state, and its employees, if, in the
opinion of the state agency, disclosure is necessary and required for
the satisfactory performance of a contract, for the performance of
work, or to protect the health and safety of the employees of the
contractor. 
   25219.11.  This article does not limit, supersede, duplicate, or
otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority of the department to include products in a product registry
established pursuant to the regulations adopted in accordance with
that article, or any testing or labeling requirements established
pursuant to that article, provided that those requirements are more
protective of the public health and environment than those prescribed
by this article. Notwithstanding subdivision (c) of Section 25257.1,
"designated consumer product" shall not be considered as a product
category already regulated or subject to pending regulation for
purposes of Article 14 (commencing with Section 25251). 
    25219.11.   25219.13.   The provisions
of this article are severable. If any provision of this article 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.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.