California Assembly Bill AB2125 Amended / Bill

 BILL NUMBER: AB 2125AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 31, 2016 AMENDED IN ASSEMBLY APRIL 5, 2016 AMENDED IN ASSEMBLY MARCH 31, 2016 INTRODUCED BY Assembly Member Chiu (  Coauthor:   Assembly Member   Roger Hernndez   Coauthors:   Assembly Members   Bonta,   Chu,   Gonzalez,   Roger Hernndez,  Low,   and Ting  )  (   Coauthor:   Senator   Pan   )  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 amended, Chiu. Healthy Nail Salon Recognition Program. Existing law regulates the existence 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 State Board of Barbering and Cosmetology within the Department of Consumer Affairs. This bill would require the State Department of Public Health to publish  guidelines, including one or more model ordinances,   guidelines  for cities, counties, and  city   cities  and counties to voluntarily 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,   present the guidelines to local health officers, local environmental health departments, and other local agencies,  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   129,015  licensed manicurists, and  41,830   52,680  licensed business establishments providing manicure services. There are  253,571   312,215  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 $7.3 billion in 2012 to $8.54 billion in 2014. (d) Chemicals in professional cosmetics can be harmful to salon customers, who increasingly include prepubescent girls and young women. (e) 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 prepubescent girls and young women, 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, by January 1, 2018, publish  guidelines, including one or more model ordinances,   guidelines  for cities, counties, and cities and counties to voluntarily implement local healthy nail salon recognition (HNSR) programs. (b) The  guidelines, including the model ordinance or ordinances,   guidelines  for an HNSR program may include, but are not limited to, all of the following qualifications: (1) The salon shall not use  any cosmetic product that contains  any of the following: (A) Any ingredient, as defined in subdivision (d) of Section 111791.5, that is a chemical 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. (B) Any ingredient, as defined in subdivision (d) of Section 111791.5, that is a reproductive toxicant that causes 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.  (C) Dibutyl phthalate (DBP), formaldehyde, toluene, or methyl ethyl ketone.   (C) Nail polishes that contain dibutyl phthalate (DBP), formaldehyde, or toluene.   (D) Nail polish thinners that contain methyl ethyl ketone or toluene.   (E) Nail polish removers that contain ethyl or butyl acetate.  (2) The salon shall ensure that all nail salon staff wear nitrile or other gloves determined to be sufficiently protective when using nail products. (3) The salon shall be ventilated to improve air quality. A specific area shall be designated for artificial nail  services   services,  and that area shall be properly ventilated with mechanical ventilation units. (4) All salon staff, whether on payroll or on contract, and owners shall be trained on safer practices delineated in the HNSR program guidelines. (5) The salon shall not allow clients to bring in outside products for use, unless those products meet the program criteria, as determined by salon staff. (6) The salon shall be in compliance with Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions  Code.   Code, and   all relevant regulations enforced by the State Board of Barbering and Cosmetology.  (7) Any other guidelines or best practices determined by the department to further the goals of an HNSR program. (c) The  model ordinance   guidelines  required pursuant to subdivision (a) shall impose, but not be limited to, all of the following requirements on a  local entity   city, county, or city and county  that adopts  a   an  HNSR program: (1) Coordinate with other local HNSR programs to assist businesses in 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)   (2)  Require training for the salon owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures.  (5)   (3)  Provide an approved seal or certificate to a salon that has met all specified requirements, required to be displayed in full public view in the salon location.  (6)   (4)  Establish a process by which a salon can enroll in an HNSR program and be verified by the local entity.  (7)   (5)  Establish the frequency at which the local entity shall verify continued compliance by a salon that has previously met all specified requirements. (d) The State Department of Public Health shall, throughout the process of developing guidelines pursuant to subdivision (a), consult with the Division of Occupational Safety and  Health, 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.   Health and the State Board of Barbering and Cosmetology.  (e) The department shall promote the HNSR  program   guidelines  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)   (1)  Develop and implement a consumer education program to promote awareness about HNSR programs.  (2) Present the HNSR guidelines to local health officers, local environmental health departments, and other local agencies as the department deems appropriate.  (3) 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. (4) Develop an Internet Web site or a section on the department's Internet Web site that links to county HNSR Internet Web sites. (f) The department may prioritize its outreach to those counties that have the greatest number of nail  salons and that have the highest pollution burdens and vulnerabilities as determined by CalEnviroScreen.  salons.   (g) The State Board of Barbering and Cosmetology may notify the city, county, or city and county if a recognized salon is found in violation of Article 12 of the State Board of Barbering and Cosmetology regulations. A violation shall result in the removal of healthy nail salon recognition from that salon.