BILL NUMBER: AB 543AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 2015 INTRODUCED BY Assembly Member Quirk ( Coauthor: Assembly Member Brown ) FEBRUARY 23, 2015 An act to amend Sections 25249.6 and 25249.11 of the Health and Safety Code, relating to toxic substances. LEGISLATIVE COUNSEL'S DIGEST AB 543, as amended, Quirk. Proposition 65: exposure. (1) The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 6, 1986, statewide general election, prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning. This bill would provide that a person, in the course of doing business, does not knowingly and intentionally expose an individual to a chemical known to the state to cause cancer or reproductive toxicity if there exists an exposure assessment that meets 3 specified requirements. (2) Proposition 65 provides that it may be amended by a statute, passed by a 2/3 vote of each house of the Legislature, to further its purposes. This bill would find and declare that it furthers the purposes of Proposition 65. 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 25249.6 of the Health and Safety Code is amended to read: 25249.6. Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. (a) No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10. (b) A person, in the course of doing business, does not knowingly and intentionally expose an individual to a chemical known to the state to cause cancer or reproductive toxicity if there is an exposure assessment that meets all of the following conditions: (1) It has been conducted by, or under the direction of, a qualified scientist in accordance with the implementing regulations adopted by the Office of Environmental Health Hazard Assessment that are relevant to the alleged exposure. (2) It evaluates the same chemical in or from the relevant source that is the subject of the alleged exposure and concludes that the person in the course of doing business is not exposing an individual to the chemical at a level that requires awarning or, alternatively, that no specification of the particular chemical is required for a provided warning.warning. (3) It is documented, in writing, and has been approved and signed by the qualified scientist before the person in the course of doing business receives a written notice of an alleged exposure pursuant to Section 25249.7. SEC. 2. Section 25249.11 of the Health and Safety Code is amended to read: 25249.11. Definitions. For purposes of this chapter: (a) "Person" means an individual, trust, firm, joint stock company, corporation, company, partnership, limited liability company, and association. (b) "Person in the course of doing business" does not include any person employing fewer than 10 employees in his or her business; any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof; or any entity in its operation of a public water system as defined in Section 116275. (c) "Qualified scientist" means a person who meets all of the following requirements: (1) He or she has completed a masters, doctoral, or medical doctor degree and has experience in an area specializing in any of the following: (A) Epidemiology. (B) Oncology. (C) Pathology. (D) Medicine. (E) Public health.(F) Statistics.(G)(F) Biology.(H)(G) Toxicology.(I)(H) Developmental toxicology.(J)(I) Reproductive toxicology.(K)(J) Teratology.(L)(K) Environmental chemistry.(M)(L) Fields related to subparagraphs (A) to(L),(K), inclusive. (2) He or she demonstrates ongoing expertise in the conduct of work relevant to the evaluation of exposure to chemicals, including carcinogenic chemicals or chemicals that pose reproductive or developmental hazards, using generally accepted and scientifically valid principles and methodologies. (d) "Significant amount" means any detectable amount except an amount which would meet the exemption test in subdivision (c) of Section 25249.10 if an individual were exposed to such an amount in drinking water. (e) "Source of drinking water" means either a present source of drinking water or water which is identified or designated in a water quality control plan adopted by a regional board as being suitable for domestic or municipal uses. (f) "Threaten to violate" means to create a condition in which there is a substantial probability that a violation will occur. (g) "Warning" within the meaning of Section 25249.6 need not be provided separately to each exposed individual and may be provided by general methods such as labels on consumer products, inclusion of notices in mailings to water customers, posting of notices, placing notices in public news media, and the like, provided that the warning accomplished is clear and reasonable. In order to minimize the burden on retail sellers of consumer products including foods, regulations implementing Section 25249.6 shall to the extent practicable place the obligation to provide any warning materials such as labels on the producer or packager rather than on the retail seller, except where the retail seller itself is responsible for introducing a chemical known to the state to cause cancer or reproductive toxicity into the consumer product in question. SEC. 3. The Legislature finds and declares that this act furthers the purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986.