CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 727Introduced by Assembly Member WeberFebruary 13, 2023 An act to amend Section 108680 of the Health and Safety Code, relating to product safety. LEGISLATIVE COUNSEL'S DIGESTAB 727, as introduced, Weber. Product safety: packaging of household substances.Existing law requires the State Department of Public Health to adopt standards for the packaging of substances that pose hazards to children, as specified. Existing law defines a household substance as any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household, and meets specified criteria. This bill would additionally include any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about their residence. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 108680 of the Health and Safety Code is amended to read:108680. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. As used in this chapter:(a) Department means the State Department of Public Health.(b) Household substance means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household or residence and is one of the following:(1) A hazardous substance as that term is defined in Section 108125.(2) A food, drug, or cosmetic, as those terms are defined in Sections 109900, 109925, and 109935, that (A) is toxic, (B) is corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is flammable or combustible, or (F) generates pressure through decomposition, heat, or other means; if it may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.(3) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a residential dwelling.(c) Package means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers.Package does not include the following:(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof.(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.(d) Special packaging means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time.(e) Labeling means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance.(f) Federal act means the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.).
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 727Introduced by Assembly Member WeberFebruary 13, 2023 An act to amend Section 108680 of the Health and Safety Code, relating to product safety. LEGISLATIVE COUNSEL'S DIGESTAB 727, as introduced, Weber. Product safety: packaging of household substances.Existing law requires the State Department of Public Health to adopt standards for the packaging of substances that pose hazards to children, as specified. Existing law defines a household substance as any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household, and meets specified criteria. This bill would additionally include any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about their residence. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 727
Introduced by Assembly Member WeberFebruary 13, 2023
Introduced by Assembly Member Weber
February 13, 2023
An act to amend Section 108680 of the Health and Safety Code, relating to product safety.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 727, as introduced, Weber. Product safety: packaging of household substances.
Existing law requires the State Department of Public Health to adopt standards for the packaging of substances that pose hazards to children, as specified. Existing law defines a household substance as any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household, and meets specified criteria. This bill would additionally include any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about their residence.
Existing law requires the State Department of Public Health to adopt standards for the packaging of substances that pose hazards to children, as specified. Existing law defines a household substance as any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household, and meets specified criteria.
This bill would additionally include any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about their residence.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 108680 of the Health and Safety Code is amended to read:108680. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. As used in this chapter:(a) Department means the State Department of Public Health.(b) Household substance means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household or residence and is one of the following:(1) A hazardous substance as that term is defined in Section 108125.(2) A food, drug, or cosmetic, as those terms are defined in Sections 109900, 109925, and 109935, that (A) is toxic, (B) is corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is flammable or combustible, or (F) generates pressure through decomposition, heat, or other means; if it may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.(3) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a residential dwelling.(c) Package means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers.Package does not include the following:(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof.(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.(d) Special packaging means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time.(e) Labeling means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance.(f) Federal act means the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.).
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 108680 of the Health and Safety Code is amended to read:108680. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. As used in this chapter:(a) Department means the State Department of Public Health.(b) Household substance means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household or residence and is one of the following:(1) A hazardous substance as that term is defined in Section 108125.(2) A food, drug, or cosmetic, as those terms are defined in Sections 109900, 109925, and 109935, that (A) is toxic, (B) is corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is flammable or combustible, or (F) generates pressure through decomposition, heat, or other means; if it may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.(3) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a residential dwelling.(c) Package means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers.Package does not include the following:(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof.(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.(d) Special packaging means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time.(e) Labeling means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance.(f) Federal act means the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.).
SECTION 1. Section 108680 of the Health and Safety Code is amended to read:
### SECTION 1.
108680. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. As used in this chapter:(a) Department means the State Department of Public Health.(b) Household substance means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household or residence and is one of the following:(1) A hazardous substance as that term is defined in Section 108125.(2) A food, drug, or cosmetic, as those terms are defined in Sections 109900, 109925, and 109935, that (A) is toxic, (B) is corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is flammable or combustible, or (F) generates pressure through decomposition, heat, or other means; if it may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.(3) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a residential dwelling.(c) Package means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers.Package does not include the following:(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof.(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.(d) Special packaging means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time.(e) Labeling means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance.(f) Federal act means the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.).
108680. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. As used in this chapter:(a) Department means the State Department of Public Health.(b) Household substance means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household or residence and is one of the following:(1) A hazardous substance as that term is defined in Section 108125.(2) A food, drug, or cosmetic, as those terms are defined in Sections 109900, 109925, and 109935, that (A) is toxic, (B) is corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is flammable or combustible, or (F) generates pressure through decomposition, heat, or other means; if it may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.(3) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a residential dwelling.(c) Package means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers.Package does not include the following:(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof.(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.(d) Special packaging means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time.(e) Labeling means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance.(f) Federal act means the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.).
108680. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. As used in this chapter:(a) Department means the State Department of Public Health.(b) Household substance means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household or residence and is one of the following:(1) A hazardous substance as that term is defined in Section 108125.(2) A food, drug, or cosmetic, as those terms are defined in Sections 109900, 109925, and 109935, that (A) is toxic, (B) is corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is flammable or combustible, or (F) generates pressure through decomposition, heat, or other means; if it may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.(3) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a residential dwelling.(c) Package means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers.Package does not include the following:(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof.(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.(d) Special packaging means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time.(e) Labeling means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance.(f) Federal act means the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.).
108680. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. As used in this chapter:
(a) Department means the State Department of Public Health.
(b) Household substance means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household or residence and is one of the following:
(1) A hazardous substance as that term is defined in Section 108125.
(2) A food, drug, or cosmetic, as those terms are defined in Sections 109900, 109925, and 109935, that (A) is toxic, (B) is corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is flammable or combustible, or (F) generates pressure through decomposition, heat, or other means; if it may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.
(3) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a residential dwelling.
(c) Package means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers.
Package does not include the following:
(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof.
(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping.
(d) Special packaging means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time.
(e) Labeling means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance.
(f) Federal act means the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.).