California Senate Bill SB977 Amended / Bill

 BILL NUMBER: SB 977AMENDED BILL TEXT AMENDED IN SENATE JUNE 4, 2012 AMENDED IN SENATE MAY 7, 2012 INTRODUCED BY Senator Yee JANUARY 23, 2012 An act to amend Section 111825 of the Health and Safety Code, relating to the Sherman Food, Drug, and Cosmetic Law, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 977, as amended, Yee. Sherman Food, Drug, and Cosmetic Law: nail polish. Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law), requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act.  The Sherman Law prohibits the misbranding of a cosmetic.  A violation of these provisions is a crime.  Existing law, the California Safe Cosmetics Act of 2005, which is within the Sherman Law, requires certain manufacturers of cosmetic products subject to regulation by the federal Food and Drug Administration that are sold in the state to provide the department with a complete and accurate list of their cosmetic products that contain any chemical identified as causing cancer or reproductive toxicity, as specified.  This bill would increase the criminal penalty for specified violations by a nail polish manufacturer of the  California Safe Cosmetics Act of 2005   misbranding prohibitions of the Sherman Law  to a maximum of  $5,000   $15,000  . This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 111825 of the Health and Safety Code is amended to read: 111825. (a) Any person who violates any provision of this part or any regulation adopted pursuant to this part shall, if convicted, be subject to imprisonment for not more than one year in the county jail or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and fine. (b) Notwithstanding subdivision (a), any person who violates Section 111865 by removing, selling, or disposing of an embargoed food, drug, device, or cosmetic without the permission of an authorized agent of the department or court shall, if convicted, be subject to imprisonment for not more than one year in the county jail or a fine of not more than ten thousand dollars ($10,000), or both the fine and imprisonment. (c) Notwithstanding subdivision (a), a manufacturer, as defined in Section 111791.5, of nail polish that violates Article  3.5 (commencing with Section 111791)   3 (commencing with Section 111730) of Chapter 7  or any regulation adopted pursuant to this article shall, if convicted, be subject to a fine of not more than  five   fifteen  thousand dollars  ($5,000)   ($15,000)  . (d) If the violation is committed after a previous conviction under this section that has become final, or if the violation is committed with intent to defraud or mislead, or if the person committed a violation of Section 110625 or 111300 that was intentional or that was intended to cause injury, the person shall be subject to imprisonment for not more than one year in the county jail, imprisonment in state prison, or a fine of not more than ten thousand dollars ($10,000), or both the imprisonment and fine. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect the health and safety of  consumers and nail  salon workers  and consumers of   from misleading claims and advertisements concerning  nail polish  from the harmful effects of some of the  ingredients  of nail polish   and proper use  , it is necessary that this act take effect immediately as an urgency statute.