BILL NUMBER: AB 2125INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Chiu FEBRUARY 17, 2016 An act to add Chapter 14 (commencing with Section 108960) to Part 3 of Division 104 of the Health and Safety Code, relating to nail salons. LEGISLATIVE COUNSEL'S DIGEST AB 2125, as introduced, Chiu. Healthy Nail Salon Recognition Program. Existing law regulates the existence of, and disclosure of, specified chemicals and components in consumer products, including phthalates and bisphenol A. Existing law also provides for the licensing and regulation of nail salons and manicurists by the Department of Consumer Affairs. This bill would require the State Department of Public Health to publish guidelines for cities, counties, and city and counties to implement local healthy nail salon recognition (HNSR) programs with specified criteria for nail salons, including the use of less toxic nail polishes and polish removers and improved ventilation. The bill would also require the department to develop awareness campaigns, model ordinances for local governments, and post specified information on its Internet Web site. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) According to the State Board of Barbering and Cosmetology, there are 98,613 licensed manicurists, and 41,830 licensed business establishments providing manicure services. There are 253,571 licensed cosmetologists, many of whom work as nail salon technicians. (b) Beauty care workers, including cosmetologists and manicurists, are highly exposed to the potential harm of carcinogens and reproductive toxins in cosmetics. Cosmetologists and manicurists are predominantly women and minorities. In California, an estimated 80 percent of nail salons are operated by Vietnamese women. (c) Nail services are increasing in popularity among consumers. The money consumers spent in nail salons increased from $7.30 billion in 2012 to $8.54 billion in 2014. (d) Chemicals in professional cosmetics can be harmful to salon customers, who increasingly include still-developing younger girls. (e) It is well established that endocrine-disrupting chemicals can cause harm at very low levels. Some may enter the body through the skin or cuticle. (f) Dibutyl phthalate (DBP), included in nail polish to reduce brittleness and cracking, is a reproductive and developmental toxicant that is especially harmful to pregnant women. (g) Developmental toxicants interfere with proper growth or health of a child, acting at any point from conception to puberty. (h) Toluene, a solvent found in nail polish, is a developmental and neurological toxicant that causes headaches, dizziness, and nausea, among other symptoms. (i) Formaldehyde, a chemical that acts as a disinfectant and as a preservative in nail polishes, is a known carcinogen. Exposure to formaldehyde in the short term can irritate the eyes, nose, throat and skin, and in the long term exposure can cause asthma. (j) Alternatives to substances that cause serious harm, including cancer or reproductive toxicity, are readily available for use in cosmetic products. A number of manufacturers, including both small domestic producers and large multinational corporations, have eliminated certain substances that cause cancer or reproductive harm from their products. (k) Some local governments have already adopted successful Healthy Nail Salon Recognition Programs (HNSR programs), including the City and County of San Francisco, the Counties of Alameda, San Mateo, and Santa Clara, and the City of Santa Monica. (l) These local HNSR programs support nail salons that use less toxic products and practices that are safer for workers and their customers. (m) Given the presence of substances in cosmetic products that cause cancer and reproductive toxicity and other serious adverse impacts, the heavy use of these products by women of childbearing age, the increasing use of manicure services among consumers including still-developing younger girls, the significant exposure to these products in occupational settings such as nail and beauty salons, the recently enacted successful local HNSR programs, and the availability of safer alternative products, it is in the interest of the people of the State of California to take steps to ensure that nail salons are given guidelines to operate safely for workers and consumers, support local solutions to reduce potentially harmful chemical exposures among customers and workers, determine the success of the HNSR programs in reducing harmful exposures experienced by nail salon customers and workers, and make recommendations for program improvements, as appropriate. SEC. 2. Chapter 14 (commencing with Section 108960) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14. HEALTHY NAIL SALON RECOGNITION PROGRAM 108960. (a) The State Department of Public Health shall publish guidelines for cities, counties, and cities and counties to implement local healthy nail salon recognition (HNSR) programs. (b) Qualifications for an HNSR program may include, but are not limited to, all of the following: (1) The salon shall choose nail polishes that do not contain dibutyl phthalate (DBP), toluene, or formaldehyde. (2) The salon shall use safer nail polish removers, including, but not limited to, acetone. (3) The salon shall avoid using nail polish thinners unless absolutely necessary. When the salon does use thinners, those products should not contain toluene and methyl ethyl ketone (MEK). (4) The salon shall ensure that all nail salon staff wear nitrile gloves when using nail products. (5) The salon shall be ventilated to improve air quality. A specific area shall be designated for artificial nail services and that area shall be properly ventilated. (6) The salon shall install mechanical ventilation units within one year of entering the recognition program, if not already in use. (7) All salon staff, whether on payroll or on contract, and owners shall be trained on safer practices. (8) The salon shall allow appropriate local staff to monitor air quality within the salon. (9) The salon shall be committed to trying and adopting safer artificial nail products. (10) The salon shall not allow clients to bring in products for use, unless those products meet the program criteria, as determined by staff. (11) The salon shall be in compliance with Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code. (c) The department shall promote the HNSR program established pursuant to this chapter by doing all of the following: (1) Solicit and support voluntary implementation of HNSR programs through awareness campaigns directed at nail salon business owners and local governments. (2) Develop and implement a consumer education program to promote awareness about HNSR programs. (3) Develop and adopt one or more models for an HNSR program or ordinance that local governments may adopt and implement to reduce chemical exposure and improve the health and safety of consumers and workforce members at nail salons. (4) Consult with representatives of local agencies with existing HNSR programs, personnel of private nonprofit entities who have experience and skills in implementing HNSR programs, and members of affected communities, among others, throughout the development of the model program or ordinance. (5) Develop and either distribute or post on its Internet Web site information for local entities, including, but not limited to, suggestions for successful implementation of HNSR programs and resource lists that include names and contact information of vendors, consultants, or providers of financial assistance or loans for purchases of ventilation equipment. (6) Develop an Internet Web site or a section on the department's Internet Web site that links to county HNSR programs, if the county has an Internet Web site available, and recognized salons. 108961. (a) A city, county, or city and county that institutes a local HNSR program pursuant to this chapter is encouraged to do all of the following: (1) Coordinate with other local HNSR programs to assist businesses with achieving and moving beyond regulatory compliance. (2) Encourage businesses to implement strategies to reduce toxic exposures to chemicals in nail salon products, improve ventilation strategies, and achieve greater understanding of products and their impacts on health. (3) Promote improved community health outcomes, economic vitality, and sustainable business approaches. (4) Provide small businesses with a level and quality of consultation on environmentally preferable business practices to which small businesses otherwise may have limited access. (5) Require a training element for owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures. (6) Provide an approved seal or certificate upon meeting all requirements to be hung in full public view in the business.