| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly January | |
| 1 | + | Amended IN Assembly January 06, 2020 Amended IN Assembly March 27, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 495Introduced by Assembly Members Muratsuchi and WicksFebruary 12, 2019 An act to amend Sections 111792.5 and 111793 of, and to add Sections 111673 and 111794 to, to the Health and Safety Code, relating to cosmetics. LEGISLATIVE COUNSEL'S DIGESTAB 495, as amended, Muratsuchi. Cosmetics: safety.Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated cosmetics, and prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users when used as directed in the cosmetics labeling or advertising or under customary or usual conditions. Provisions of this law are enforced by the State Department of Public Health. A violation of these provisions is a crime.This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, or any of several specified intentionally added ingredients. ingredients, or another chemical or contaminant identified by the department. By expanding the scope of a crime, this bill would impose a state-mandated local program.Existing law, the California Safe Cosmetics Act of 2005, authorizes the Division of Environmental and Occupational Disease Control within the State Department of Public Health to investigate cosmetic products that contain certain chemicals. If the division determines that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, existing law requires the division to immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations and the Office of Environmental Health Hazard Assessment. A violation of these provisions is a crime.This bill would additionally authorize the division to investigate a cosmetic that is adulterated, as described above. The bill would also require a referral to be made if the division determines, pursuant to an investigation, that a cosmetic is adulterated and require those referrals to additionally be made to the Department of Justice. The bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement these provisions. the act. By expanding the scope of a 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Toxic Free Toxic-Free Cosmetics Act.SEC. 2. Section 111673 is added to the Health and Safety Code, to read:111673. A cosmetic is adulterated if it contains asbestos, lead, or any of the following intentionally added ingredients: any of the following:(a) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.(b) Beginning January 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis level of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level shall comply with the requirements specified in paragraph (2) of subdivision (d).(c) Beginning January 1, 2022, any amount of the following intentionally added ingredients:(a)(1) Dibutyl phthalate.(b)(2) Diethylhexyl phthalate.(c)(3) Formaldehyde.(d)Formaldehyde releasers.(e)Mercury and related compounds.(4) Paraformaldehyde.(5) Methylene glycol.(6) Quaternium-15.(7) Mercury.(f)(8) Isobutylparaben.(g)(9) Isopropylparaben.(h)Butylparaben.(i)Propylparaben.(j)Toluene.(k)Triclosan.(l)Carbon black.(m)Per- and Polyfluoroalkyl substances (PFAS).(10) m-Phenylenediamine.(11) o-Phenylenediamine.(12) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:(A) Perfluorooctane sulfonate (PFOS).(B) Perfluorooctanoic acid (PFOA).(C) Perfluorodecanoic acid (PFDA).(D) Perfluorononanoic acid (PFNA).(d) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy the following conditions:(1) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations.(2) If the department adopts an allowable de minimis level of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children.SEC. 3.Section 111792.5 of the Health and Safety Code is amended to read:111792.5.(a)In order to determine potential health effects of exposure to ingredients in cosmetics sold in the state, the division may conduct an investigation of one or more cosmetic products that contain chemicals identified as causing cancer or reproductive toxicity or other ingredients of concern to the division or a cosmetics product that may be adulterated as described in Section 111673.(b)An investigation conducted pursuant to subdivision (a) may include, but not be limited to, a review of available health effects data and studies, worksite health hazard evaluations, epidemiological studies to determine the health effects of exposures to chemicals in various subpopulations, and exposure assessments to determine total exposures to individuals in various settings.(c)If an investigation is conducted pursuant to subdivision (a), the manufacturer of any product subject to the investigation may submit relevant health effects data and studies to the division.(d)In order to further the purposes of an investigation, the division may require manufacturers of products subject to the investigation to submit to the division relevant health effects data and studies available to the manufacturer and other available information as requested by the division, including, but not limited to, the concentration of the chemical in the product, the amount by volume or weight of the product that comprises the average daily application or use, and sales and use data necessary to determine where the product is used in the occupational setting.(e)The division shall establish reasonable deadlines for the submittal of information required pursuant to subdivision (d). Failure by a manufacturer to submit the information in compliance with the requirements of the division shall constitute a violation of this part.SEC. 4.Section 111793 of the Health and Safety Code is amended to read:111793.(a)If the division determines pursuant to an investigation that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, or that the cosmetic is adulterated pursuant to Article 2 (commencing with Section 111670), the division shall immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations, the Department of Justice, and the Office of Environmental Health Hazard Assessment.(b)Within 180 days after it receives the results of an investigation pursuant to subdivision (a), the Division of Occupational Safety and Health shall, pursuant to Section 147.1 of the Labor Code, develop and present one or more proposed occupational health standards to the Occupational Safety and Health Standards Board in the Department of Industrial Relations, unless the Division of Occupational Safety and Health affirmatively determines, in a written finding within 90 days, that a standard is not necessary to protect the health of an employee who has regular exposure to the hazard for the period of the employees working life. The written finding shall identify the reasons for determining the standard is not necessary and the factual basis for the finding.SEC. 5.SEC. 3. Section 111794 is added to the Health and Safety Code, to read:111794. (a) Failure to comply with any of the following is a violation of this part:(1) The requirements of this article.(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.(3) Guidelines or instructions issued by the division to implement this article.(b) The division shall report all violations of this article to the Department of Justice.SEC. 6.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly January 06, 2020 Amended IN Assembly March 27, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 495Introduced by Assembly Members Muratsuchi and WicksFebruary 12, 2019 An act to amend Sections 111792.5 and 111793 of, and to add Sections 111673 and 111794 to, to the Health and Safety Code, relating to cosmetics. LEGISLATIVE COUNSEL'S DIGESTAB 495, as amended, Muratsuchi. Cosmetics: safety.Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated cosmetics, and prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users when used as directed in the cosmetics labeling or advertising or under customary or usual conditions. Provisions of this law are enforced by the State Department of Public Health. A violation of these provisions is a crime.This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, or any of several specified intentionally added ingredients. ingredients, or another chemical or contaminant identified by the department. By expanding the scope of a crime, this bill would impose a state-mandated local program.Existing law, the California Safe Cosmetics Act of 2005, authorizes the Division of Environmental and Occupational Disease Control within the State Department of Public Health to investigate cosmetic products that contain certain chemicals. If the division determines that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, existing law requires the division to immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations and the Office of Environmental Health Hazard Assessment. A violation of these provisions is a crime.This bill would additionally authorize the division to investigate a cosmetic that is adulterated, as described above. The bill would also require a referral to be made if the division determines, pursuant to an investigation, that a cosmetic is adulterated and require those referrals to additionally be made to the Department of Justice. The bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement these provisions. the act. By expanding the scope of a 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly January 06, 2020 Amended IN Assembly March 27, 2019 Amended IN Assembly March 18, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly January 15, 2020 | |
| 8 | 7 | Amended IN Assembly January 06, 2020 | |
| 9 | 8 | Amended IN Assembly March 27, 2019 | |
| 10 | 9 | Amended IN Assembly March 18, 2019 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Assembly Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 495 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Members Muratsuchi and WicksFebruary 12, 2019 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Assembly Members Muratsuchi and Wicks | |
| 21 | 20 | February 12, 2019 | |
| 22 | 21 | ||
| 23 | - | An act to add Sections 111673 and 111794 to the Health and Safety Code, relating to cosmetics. | |
| 22 | + | An act to amend Sections 111792.5 and 111793 of, and to add Sections 111673 and 111794 to, to the Health and Safety Code, relating to cosmetics. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | AB 495, as amended, Muratsuchi. Cosmetics: safety. | |
| 30 | 29 | ||
| 31 | - | Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated cosmetics, and prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users when used as directed in the cosmetics labeling or advertising or under customary or usual conditions. Provisions of this law are enforced by the State Department of Public Health. A violation of these provisions is a crime.This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, any of several specified intentionally added ingredients, or another chemical or contaminant identified by the department | |
| 30 | + | Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated cosmetics, and prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users when used as directed in the cosmetics labeling or advertising or under customary or usual conditions. Provisions of this law are enforced by the State Department of Public Health. A violation of these provisions is a crime.This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, or any of several specified intentionally added ingredients. ingredients, or another chemical or contaminant identified by the department. By expanding the scope of a crime, this bill would impose a state-mandated local program.Existing law, the California Safe Cosmetics Act of 2005, authorizes the Division of Environmental and Occupational Disease Control within the State Department of Public Health to investigate cosmetic products that contain certain chemicals. If the division determines that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, existing law requires the division to immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations and the Office of Environmental Health Hazard Assessment. A violation of these provisions is a crime.This bill would additionally authorize the division to investigate a cosmetic that is adulterated, as described above. The bill would also require a referral to be made if the division determines, pursuant to an investigation, that a cosmetic is adulterated and require those referrals to additionally be made to the Department of Justice. The bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement these provisions. the act. By expanding the scope of a 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. | |
| 32 | 31 | ||
| 33 | 32 | Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated cosmetics, and prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users when used as directed in the cosmetics labeling or advertising or under customary or usual conditions. Provisions of this law are enforced by the State Department of Public Health. A violation of these provisions is a crime. | |
| 34 | 33 | ||
| 35 | - | This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, any of several specified intentionally added ingredients, or another chemical or contaminant identified by the department | |
| 34 | + | This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, or any of several specified intentionally added ingredients. ingredients, or another chemical or contaminant identified by the department. By expanding the scope of a crime, this bill would impose a state-mandated local program. | |
| 36 | 35 | ||
| 37 | - | Existing law, the California Safe Cosmetics Act of 2005, authorizes the Division of Environmental and Occupational Disease Control within the State Department of Public Health to investigate cosmetic products that contain certain chemicals. A violation of these provisions is a crime. | |
| 36 | + | Existing law, the California Safe Cosmetics Act of 2005, authorizes the Division of Environmental and Occupational Disease Control within the State Department of Public Health to investigate cosmetic products that contain certain chemicals. If the division determines that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, existing law requires the division to immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations and the Office of Environmental Health Hazard Assessment. A violation of these provisions is a crime. | |
| 38 | 37 | ||
| 39 | - | This bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement the act. By expanding the scope of a crime, this bill would impose a state-mandated local program. | |
| 38 | + | This bill would additionally authorize the division to investigate a cosmetic that is adulterated, as described above. The bill would also require a referral to be made if the division determines, pursuant to an investigation, that a cosmetic is adulterated and require those referrals to additionally be made to the Department of Justice. The bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement these provisions. the act. By expanding the scope of a crime, this bill would impose a state-mandated local program. | |
| 40 | 39 | ||
| 41 | 40 | 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. | |
| 42 | 41 | ||
| 43 | 42 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 44 | 43 | ||
| 45 | 44 | ## Digest Key | |
| 46 | 45 | ||
| 47 | 46 | ## Bill Text | |
| 48 | 47 | ||
| 49 | - | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Toxic-Free Cosmetics Act.SEC. 2. Section 111673 is added to the Health and Safety Code, to read:111673. A | |
| 48 | + | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Toxic Free Toxic-Free Cosmetics Act.SEC. 2. Section 111673 is added to the Health and Safety Code, to read:111673. A cosmetic is adulterated if it contains asbestos, lead, or any of the following intentionally added ingredients: any of the following:(a) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.(b) Beginning January 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis level of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level shall comply with the requirements specified in paragraph (2) of subdivision (d).(c) Beginning January 1, 2022, any amount of the following intentionally added ingredients:(a)(1) Dibutyl phthalate.(b)(2) Diethylhexyl phthalate.(c)(3) Formaldehyde.(d)Formaldehyde releasers.(e)Mercury and related compounds.(4) Paraformaldehyde.(5) Methylene glycol.(6) Quaternium-15.(7) Mercury.(f)(8) Isobutylparaben.(g)(9) Isopropylparaben.(h)Butylparaben.(i)Propylparaben.(j)Toluene.(k)Triclosan.(l)Carbon black.(m)Per- and Polyfluoroalkyl substances (PFAS).(10) m-Phenylenediamine.(11) o-Phenylenediamine.(12) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:(A) Perfluorooctane sulfonate (PFOS).(B) Perfluorooctanoic acid (PFOA).(C) Perfluorodecanoic acid (PFDA).(D) Perfluorononanoic acid (PFNA).(d) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy the following conditions:(1) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations.(2) If the department adopts an allowable de minimis level of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children.SEC. 3.Section 111792.5 of the Health and Safety Code is amended to read:111792.5.(a)In order to determine potential health effects of exposure to ingredients in cosmetics sold in the state, the division may conduct an investigation of one or more cosmetic products that contain chemicals identified as causing cancer or reproductive toxicity or other ingredients of concern to the division or a cosmetics product that may be adulterated as described in Section 111673.(b)An investigation conducted pursuant to subdivision (a) may include, but not be limited to, a review of available health effects data and studies, worksite health hazard evaluations, epidemiological studies to determine the health effects of exposures to chemicals in various subpopulations, and exposure assessments to determine total exposures to individuals in various settings.(c)If an investigation is conducted pursuant to subdivision (a), the manufacturer of any product subject to the investigation may submit relevant health effects data and studies to the division.(d)In order to further the purposes of an investigation, the division may require manufacturers of products subject to the investigation to submit to the division relevant health effects data and studies available to the manufacturer and other available information as requested by the division, including, but not limited to, the concentration of the chemical in the product, the amount by volume or weight of the product that comprises the average daily application or use, and sales and use data necessary to determine where the product is used in the occupational setting.(e)The division shall establish reasonable deadlines for the submittal of information required pursuant to subdivision (d). Failure by a manufacturer to submit the information in compliance with the requirements of the division shall constitute a violation of this part.SEC. 4.Section 111793 of the Health and Safety Code is amended to read:111793.(a)If the division determines pursuant to an investigation that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, or that the cosmetic is adulterated pursuant to Article 2 (commencing with Section 111670), the division shall immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations, the Department of Justice, and the Office of Environmental Health Hazard Assessment.(b)Within 180 days after it receives the results of an investigation pursuant to subdivision (a), the Division of Occupational Safety and Health shall, pursuant to Section 147.1 of the Labor Code, develop and present one or more proposed occupational health standards to the Occupational Safety and Health Standards Board in the Department of Industrial Relations, unless the Division of Occupational Safety and Health affirmatively determines, in a written finding within 90 days, that a standard is not necessary to protect the health of an employee who has regular exposure to the hazard for the period of the employees working life. The written finding shall identify the reasons for determining the standard is not necessary and the factual basis for the finding.SEC. 5.SEC. 3. Section 111794 is added to the Health and Safety Code, to read:111794. (a) Failure to comply with any of the following is a violation of this part:(1) The requirements of this article.(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.(3) Guidelines or instructions issued by the division to implement this article.(b) The division shall report all violations of this article to the Department of Justice.SEC. 6.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 50 | 49 | ||
| 51 | 50 | The people of the State of California do enact as follows: | |
| 52 | 51 | ||
| 53 | 52 | ## The people of the State of California do enact as follows: | |
| 54 | 53 | ||
| 55 | - | SECTION 1. This act shall be known, and may be cited, as the Toxic-Free Cosmetics Act. | |
| 54 | + | SECTION 1. This act shall be known, and may be cited, as the Toxic Free Toxic-Free Cosmetics Act. | |
| 56 | 55 | ||
| 57 | - | SECTION 1. This act shall be known, and may be cited, as the Toxic-Free Cosmetics Act. | |
| 56 | + | SECTION 1. This act shall be known, and may be cited, as the Toxic Free Toxic-Free Cosmetics Act. | |
| 58 | 57 | ||
| 59 | - | SECTION 1. This act shall be known, and may be cited, as the Toxic-Free Cosmetics Act. | |
| 58 | + | SECTION 1. This act shall be known, and may be cited, as the Toxic Free Toxic-Free Cosmetics Act. | |
| 60 | 59 | ||
| 61 | 60 | ### SECTION 1. | |
| 62 | 61 | ||
| 63 | - | SEC. 2. Section 111673 is added to the Health and Safety Code, to read:111673. A | |
| 62 | + | SEC. 2. Section 111673 is added to the Health and Safety Code, to read:111673. A cosmetic is adulterated if it contains asbestos, lead, or any of the following intentionally added ingredients: any of the following:(a) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.(b) Beginning January 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis level of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level shall comply with the requirements specified in paragraph (2) of subdivision (d).(c) Beginning January 1, 2022, any amount of the following intentionally added ingredients:(a)(1) Dibutyl phthalate.(b)(2) Diethylhexyl phthalate.(c)(3) Formaldehyde.(d)Formaldehyde releasers.(e)Mercury and related compounds.(4) Paraformaldehyde.(5) Methylene glycol.(6) Quaternium-15.(7) Mercury.(f)(8) Isobutylparaben.(g)(9) Isopropylparaben.(h)Butylparaben.(i)Propylparaben.(j)Toluene.(k)Triclosan.(l)Carbon black.(m)Per- and Polyfluoroalkyl substances (PFAS).(10) m-Phenylenediamine.(11) o-Phenylenediamine.(12) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:(A) Perfluorooctane sulfonate (PFOS).(B) Perfluorooctanoic acid (PFOA).(C) Perfluorodecanoic acid (PFDA).(D) Perfluorononanoic acid (PFNA).(d) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy the following conditions:(1) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations.(2) If the department adopts an allowable de minimis level of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children. | |
| 64 | 63 | ||
| 65 | 64 | SEC. 2. Section 111673 is added to the Health and Safety Code, to read: | |
| 66 | 65 | ||
| 67 | 66 | ### SEC. 2. | |
| 68 | 67 | ||
| 69 | - | 111673. | |
| 68 | + | 111673. A cosmetic is adulterated if it contains asbestos, lead, or any of the following intentionally added ingredients: any of the following:(a) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.(b) Beginning January 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis level of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level shall comply with the requirements specified in paragraph (2) of subdivision (d).(c) Beginning January 1, 2022, any amount of the following intentionally added ingredients:(a)(1) Dibutyl phthalate.(b)(2) Diethylhexyl phthalate.(c)(3) Formaldehyde.(d)Formaldehyde releasers.(e)Mercury and related compounds.(4) Paraformaldehyde.(5) Methylene glycol.(6) Quaternium-15.(7) Mercury.(f)(8) Isobutylparaben.(g)(9) Isopropylparaben.(h)Butylparaben.(i)Propylparaben.(j)Toluene.(k)Triclosan.(l)Carbon black.(m)Per- and Polyfluoroalkyl substances (PFAS).(10) m-Phenylenediamine.(11) o-Phenylenediamine.(12) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:(A) Perfluorooctane sulfonate (PFOS).(B) Perfluorooctanoic acid (PFOA).(C) Perfluorodecanoic acid (PFDA).(D) Perfluorononanoic acid (PFNA).(d) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy the following conditions:(1) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations.(2) If the department adopts an allowable de minimis level of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children. | |
| 70 | 69 | ||
| 71 | - | 111673. | |
| 70 | + | 111673. A cosmetic is adulterated if it contains asbestos, lead, or any of the following intentionally added ingredients: any of the following:(a) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.(b) Beginning January 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis level of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level shall comply with the requirements specified in paragraph (2) of subdivision (d).(c) Beginning January 1, 2022, any amount of the following intentionally added ingredients:(a)(1) Dibutyl phthalate.(b)(2) Diethylhexyl phthalate.(c)(3) Formaldehyde.(d)Formaldehyde releasers.(e)Mercury and related compounds.(4) Paraformaldehyde.(5) Methylene glycol.(6) Quaternium-15.(7) Mercury.(f)(8) Isobutylparaben.(g)(9) Isopropylparaben.(h)Butylparaben.(i)Propylparaben.(j)Toluene.(k)Triclosan.(l)Carbon black.(m)Per- and Polyfluoroalkyl substances (PFAS).(10) m-Phenylenediamine.(11) o-Phenylenediamine.(12) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:(A) Perfluorooctane sulfonate (PFOS).(B) Perfluorooctanoic acid (PFOA).(C) Perfluorodecanoic acid (PFDA).(D) Perfluorononanoic acid (PFNA).(d) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy the following conditions:(1) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations.(2) If the department adopts an allowable de minimis level of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children. | |
| 72 | 71 | ||
| 73 | - | 111673. | |
| 72 | + | 111673. A cosmetic is adulterated if it contains asbestos, lead, or any of the following intentionally added ingredients: any of the following:(a) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic.(b) Beginning January 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis level of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level shall comply with the requirements specified in paragraph (2) of subdivision (d).(c) Beginning January 1, 2022, any amount of the following intentionally added ingredients:(a)(1) Dibutyl phthalate.(b)(2) Diethylhexyl phthalate.(c)(3) Formaldehyde.(d)Formaldehyde releasers.(e)Mercury and related compounds.(4) Paraformaldehyde.(5) Methylene glycol.(6) Quaternium-15.(7) Mercury.(f)(8) Isobutylparaben.(g)(9) Isopropylparaben.(h)Butylparaben.(i)Propylparaben.(j)Toluene.(k)Triclosan.(l)Carbon black.(m)Per- and Polyfluoroalkyl substances (PFAS).(10) m-Phenylenediamine.(11) o-Phenylenediamine.(12) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts:(A) Perfluorooctane sulfonate (PFOS).(B) Perfluorooctanoic acid (PFOA).(C) Perfluorodecanoic acid (PFDA).(D) Perfluorononanoic acid (PFNA).(d) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy the following conditions:(1) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations.(2) If the department adopts an allowable de minimis level of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children. | |
| 74 | 73 | ||
| 75 | 74 | ||
| 76 | 75 | ||
| 77 | - | 111673. A (a) Except as otherwise provided in subdivision (b), a cosmetic is adulterated if it contains any of the following: | |
| 76 | + | 111673. A cosmetic is adulterated if it contains asbestos, lead, or any of the following intentionally added ingredients: any of the following: | |
| 77 | + | ||
| 78 | + | (a) Any amount of asbestos, either naturally occurring in, or intentionally added to, the cosmetic. | |
| 79 | + | ||
| 80 | + | (b) Beginning January 1, 2023, lead above a de minimis amount in the cosmetic. By January 1, 2022, the Office of Environmental Health Hazard Assessment shall, by July 1, 2021, adopt an allowable de minimis level of lead that may be in a cosmetic without adulterating the cosmetic. The allowable de minimis level shall comply with the requirements specified in paragraph (2) of subdivision (d). | |
| 81 | + | ||
| 82 | + | (c) Beginning January 1, 2022, any amount of the following intentionally added ingredients: | |
| 78 | 83 | ||
| 79 | 84 | (a) | |
| 80 | 85 | ||
| 81 | 86 | ||
| 82 | 87 | ||
| 83 | - | (1) | |
| 88 | + | (1) Dibutyl phthalate. | |
| 84 | 89 | ||
| 85 | 90 | (b) | |
| 86 | 91 | ||
| 87 | 92 | ||
| 88 | 93 | ||
| 89 | - | (2) | |
| 94 | + | (2) Diethylhexyl phthalate. | |
| 90 | 95 | ||
| 91 | 96 | (c) | |
| 92 | 97 | ||
| 93 | 98 | ||
| 94 | 99 | ||
| 95 | - | (3) | |
| 100 | + | (3) Formaldehyde. | |
| 96 | 101 | ||
| 97 | - | ( | |
| 102 | + | (d)Formaldehyde releasers. | |
| 98 | 103 | ||
| 99 | 104 | ||
| 100 | 105 | ||
| 101 | - | (A) Dibutyl phthalate. | |
| 102 | - | ||
| 103 | - | (2) | |
| 106 | + | (e)Mercury and related compounds. | |
| 104 | 107 | ||
| 105 | 108 | ||
| 106 | 109 | ||
| 107 | - | ( | |
| 110 | + | (4) Paraformaldehyde. | |
| 108 | 111 | ||
| 109 | - | (3) | |
| 112 | + | (5) Methylene glycol. | |
| 113 | + | ||
| 114 | + | (6) Quaternium-15. | |
| 115 | + | ||
| 116 | + | (7) Mercury. | |
| 117 | + | ||
| 118 | + | (f) | |
| 110 | 119 | ||
| 111 | 120 | ||
| 112 | 121 | ||
| 113 | - | ( | |
| 122 | + | (8) Isobutylparaben. | |
| 114 | 123 | ||
| 115 | - | ( | |
| 124 | + | (g) | |
| 116 | 125 | ||
| 117 | 126 | ||
| 118 | 127 | ||
| 119 | - | ( | |
| 128 | + | (9) Isopropylparaben. | |
| 120 | 129 | ||
| 121 | - | ( | |
| 130 | + | (h)Butylparaben. | |
| 122 | 131 | ||
| 123 | 132 | ||
| 124 | 133 | ||
| 125 | - | (E) Methylene glycol. | |
| 126 | - | ||
| 127 | - | (6) | |
| 134 | + | (i)Propylparaben. | |
| 128 | 135 | ||
| 129 | 136 | ||
| 130 | 137 | ||
| 131 | - | (F) Quaternium-15. | |
| 132 | - | ||
| 133 | - | (7) | |
| 138 | + | (j)Toluene. | |
| 134 | 139 | ||
| 135 | 140 | ||
| 136 | 141 | ||
| 137 | - | (G) Mercury. | |
| 138 | - | ||
| 139 | - | (8) | |
| 142 | + | (k)Triclosan. | |
| 140 | 143 | ||
| 141 | 144 | ||
| 142 | 145 | ||
| 143 | - | (H) Isobutylparaben. | |
| 144 | - | ||
| 145 | - | (9) | |
| 146 | + | (l)Carbon black. | |
| 146 | 147 | ||
| 147 | 148 | ||
| 148 | 149 | ||
| 149 | - | (I) Isopropylparaben. | |
| 150 | - | ||
| 151 | - | (10) | |
| 150 | + | (m)Per- and Polyfluoroalkyl substances (PFAS). | |
| 152 | 151 | ||
| 153 | 152 | ||
| 154 | 153 | ||
| 155 | - | ( | |
| 154 | + | (10) m-Phenylenediamine. | |
| 156 | 155 | ||
| 157 | - | (11) | |
| 156 | + | (11) o-Phenylenediamine. | |
| 157 | + | ||
| 158 | + | (12) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts: | |
| 159 | + | ||
| 160 | + | (A) Perfluorooctane sulfonate (PFOS). | |
| 161 | + | ||
| 162 | + | (B) Perfluorooctanoic acid (PFOA). | |
| 163 | + | ||
| 164 | + | (C) Perfluorodecanoic acid (PFDA). | |
| 165 | + | ||
| 166 | + | (D) Perfluorononanoic acid (PFNA). | |
| 167 | + | ||
| 168 | + | (d) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy the following conditions: | |
| 169 | + | ||
| 170 | + | (1) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations. | |
| 171 | + | ||
| 172 | + | (2) If the department adopts an allowable de minimis level of a chemical or contaminant that may be in a cosmetic without adulterating the cosmetic, the de minimis level shall be determined by the Office of Environmental Health Hazard Assessment and shall be protective of the health of sensitive subpopulations, including, but not limited to, pregnant women, infants, and children. | |
| 158 | 173 | ||
| 159 | 174 | ||
| 160 | 175 | ||
| 161 | - | (K) o-Phenylenediamine. | |
| 162 | 176 | ||
| 163 | - | (12) | |
| 177 | + | ||
| 178 | + | (a)In order to determine potential health effects of exposure to ingredients in cosmetics sold in the state, the division may conduct an investigation of one or more cosmetic products that contain chemicals identified as causing cancer or reproductive toxicity or other ingredients of concern to the division or a cosmetics product that may be adulterated as described in Section 111673. | |
| 164 | 179 | ||
| 165 | 180 | ||
| 166 | 181 | ||
| 167 | - | (L) The following long-chain per- and polyfluoroalkyl substances (PFAS) and their salts: | |
| 168 | - | ||
| 169 | - | (A) | |
| 182 | + | (b)An investigation conducted pursuant to subdivision (a) may include, but not be limited to, a review of available health effects data and studies, worksite health hazard evaluations, epidemiological studies to determine the health effects of exposures to chemicals in various subpopulations, and exposure assessments to determine total exposures to individuals in various settings. | |
| 170 | 183 | ||
| 171 | 184 | ||
| 172 | 185 | ||
| 173 | - | (i) Perfluorooctane sulfonate (PFOS). | |
| 174 | - | ||
| 175 | - | (B) | |
| 186 | + | (c)If an investigation is conducted pursuant to subdivision (a), the manufacturer of any product subject to the investigation may submit relevant health effects data and studies to the division. | |
| 176 | 187 | ||
| 177 | 188 | ||
| 178 | 189 | ||
| 179 | - | (ii) Perfluorooctanoic acid (PFOA). | |
| 180 | - | ||
| 181 | - | (C) | |
| 190 | + | (d)In order to further the purposes of an investigation, the division may require manufacturers of products subject to the investigation to submit to the division relevant health effects data and studies available to the manufacturer and other available information as requested by the division, including, but not limited to, the concentration of the chemical in the product, the amount by volume or weight of the product that comprises the average daily application or use, and sales and use data necessary to determine where the product is used in the occupational setting. | |
| 182 | 191 | ||
| 183 | 192 | ||
| 184 | 193 | ||
| 185 | - | (iii) Perfluorodecanoic acid (PFDA). | |
| 186 | - | ||
| 187 | - | (D) | |
| 194 | + | (e)The division shall establish reasonable deadlines for the submittal of information required pursuant to subdivision (d). Failure by a manufacturer to submit the information in compliance with the requirements of the division shall constitute a violation of this part. | |
| 188 | 195 | ||
| 189 | 196 | ||
| 190 | 197 | ||
| 191 | - | (iv) Perfluorononanoic acid (PFNA). | |
| 192 | - | ||
| 193 | - | (d) | |
| 194 | 198 | ||
| 195 | 199 | ||
| 196 | 200 | ||
| 197 | - | (4) A chemical or contaminant, other than those listed in subdivisions (a), (b), and (c), paragraphs (1), (2), and (3), identified by the department by regulation. The department may identify additional chemicals and contaminants that satisfy only if the chemicals and contaminants satisfy both of the following conditions: | |
| 198 | 201 | ||
| 199 | - | ( | |
| 202 | + | (a)If the division determines pursuant to an investigation that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, or that the cosmetic is adulterated pursuant to Article 2 (commencing with Section 111670), the division shall immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations, the Department of Justice, and the Office of Environmental Health Hazard Assessment. | |
| 200 | 203 | ||
| 201 | 204 | ||
| 202 | 205 | ||
| 203 | - | (A) The contaminant or chemical is listed as a candidate chemical pursuant to Article 2 (commencing with Section 69502) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations. as a banned substance in Annex II of Regulation No. 1223/2009 of the European Parliament and of the Council or in any updates to that Annex. | |
| 204 | - | ||
| 205 | - | (2) | |
| 206 | + | (b)Within 180 days after it receives the results of an investigation pursuant to subdivision (a), the Division of Occupational Safety and Health shall, pursuant to Section 147.1 of the Labor Code, develop and present one or more proposed occupational health standards to the Occupational Safety and Health Standards Board in the Department of Industrial Relations, unless the Division of Occupational Safety and Health affirmatively determines, in a written finding within 90 days, that a standard is not necessary to protect the health of an employee who has regular exposure to the hazard for the period of the employees working life. The written finding shall identify the reasons for determining the standard is not necessary and the factual basis for the finding. | |
| 206 | 207 | ||
| 207 | 208 | ||
| 208 | 209 | ||
| 209 | - | (B) | |
| 210 | + | SEC. 5.SEC. 3. Section 111794 is added to the Health and Safety Code, to read:111794. (a) Failure to comply with any of the following is a violation of this part:(1) The requirements of this article.(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.(3) Guidelines or instructions issued by the division to implement this article.(b) The division shall report all violations of this article to the Department of Justice. | |
| 210 | 211 | ||
| 211 | - | ||
| 212 | + | SEC. 5.SEC. 3. Section 111794 is added to the Health and Safety Code, to read: | |
| 212 | 213 | ||
| 213 | - | SEC. 3. Section 111794 is added to the Health and Safety Code, to read:111794. (a) Failure to comply with any of the following is a violation of this part:(1) The requirements of this article.(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.(3) Guidelines or instructions issued by the division to implement this article.(b) The division shall report all violations of this article to the Department of Justice. | |
| 214 | - | ||
| 215 | - | SEC. 3. Section 111794 is added to the Health and Safety Code, to read: | |
| 216 | - | ||
| 217 | - | ### SEC. 3. | |
| 214 | + | ### SEC. 5.SEC. 3. | |
| 218 | 215 | ||
| 219 | 216 | 111794. (a) Failure to comply with any of the following is a violation of this part:(1) The requirements of this article.(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.(3) Guidelines or instructions issued by the division to implement this article.(b) The division shall report all violations of this article to the Department of Justice. | |
| 220 | 217 | ||
| 221 | 218 | 111794. (a) Failure to comply with any of the following is a violation of this part:(1) The requirements of this article.(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.(3) Guidelines or instructions issued by the division to implement this article.(b) The division shall report all violations of this article to the Department of Justice. | |
| 222 | 219 | ||
| 223 | 220 | 111794. (a) Failure to comply with any of the following is a violation of this part:(1) The requirements of this article.(2) A request by the division pursuant to Section 111792.5 for information, data, or studies.(3) Guidelines or instructions issued by the division to implement this article.(b) The division shall report all violations of this article to the Department of Justice. | |
| 224 | 221 | ||
| 225 | 222 | ||
| 226 | 223 | ||
| 227 | 224 | 111794. (a) Failure to comply with any of the following is a violation of this part: | |
| 228 | 225 | ||
| 229 | 226 | (1) The requirements of this article. | |
| 230 | 227 | ||
| 231 | 228 | (2) A request by the division pursuant to Section 111792.5 for information, data, or studies. | |
| 232 | 229 | ||
| 233 | 230 | (3) Guidelines or instructions issued by the division to implement this article. | |
| 234 | 231 | ||
| 235 | 232 | (b) The division shall report all violations of this article to the Department of Justice. | |
| 236 | 233 | ||
| 237 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 234 | + | SEC. 6.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 238 | 235 | ||
| 239 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 236 | + | SEC. 6.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 240 | 237 | ||
| 241 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 238 | + | SEC. 6.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 242 | 239 | ||
| 243 | - | ### SEC. 4. | |
| 240 | + | ### SEC. 6.SEC. 4. |