California 2025-2026 Regular Session

California Assembly Bill AB455 Compare Versions

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11 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 455Introduced by Assembly Member OrtegaFebruary 06, 2025 An act to amend Section 10084.2 of the Business and Professions Code, to add Section 1102.6k to the Civil Code, and to add Section 25417.2 to the Health and Safety Code, relating to real estate.LEGISLATIVE COUNSEL'S DIGESTAB 455, as introduced, Ortega. Real estate: environmental hazards: thirdhand smoke.Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Thirdhand smoke is the toxic chemical residue left behind by tobacco smoke. It accumulates in carpets, walls, and furniture, becomes embedded in building materials, and persists for years after smoking stops.(b) Thirdhand smoke-polluted buildings expose occupants to more than 10 toxic chemicals listed in Proposition 65 (1986).SEC. 2. Section 10084.2 of the Business and Professions Code is amended to read:10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners Guide to Environmental Hazards prepared pursuant to Section 10084.1 and 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.(b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.SEC. 3. Section 1102.6k is added to the Civil Code, to read:1102.6k. In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.SEC. 4. Section 25417.2 is added to the Health and Safety Code, to read:25417.2. (a) For purposes of this section, thirdhand smoke means the toxic chemical residue left behind by tobacco smoke.(b) The Department of Toxic Substances Control shall update the Homeowners Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following:(1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources.(2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following:(A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property.(B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard.(C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.
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33 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 455Introduced by Assembly Member OrtegaFebruary 06, 2025 An act to amend Section 10084.2 of the Business and Professions Code, to add Section 1102.6k to the Civil Code, and to add Section 25417.2 to the Health and Safety Code, relating to real estate.LEGISLATIVE COUNSEL'S DIGESTAB 455, as introduced, Ortega. Real estate: environmental hazards: thirdhand smoke.Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 455
1414
1515 Introduced by Assembly Member OrtegaFebruary 06, 2025
1616
1717 Introduced by Assembly Member Ortega
1818 February 06, 2025
1919
2020 An act to amend Section 10084.2 of the Business and Professions Code, to add Section 1102.6k to the Civil Code, and to add Section 25417.2 to the Health and Safety Code, relating to real estate.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 455, as introduced, Ortega. Real estate: environmental hazards: thirdhand smoke.
2727
2828 Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.
2929
3030 Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.
3131
3232 This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
3333
3434 Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.
3535
3636 This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.
3737
3838 ## Digest Key
3939
4040 ## Bill Text
4141
4242 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Thirdhand smoke is the toxic chemical residue left behind by tobacco smoke. It accumulates in carpets, walls, and furniture, becomes embedded in building materials, and persists for years after smoking stops.(b) Thirdhand smoke-polluted buildings expose occupants to more than 10 toxic chemicals listed in Proposition 65 (1986).SEC. 2. Section 10084.2 of the Business and Professions Code is amended to read:10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners Guide to Environmental Hazards prepared pursuant to Section 10084.1 and 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.(b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.SEC. 3. Section 1102.6k is added to the Civil Code, to read:1102.6k. In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.SEC. 4. Section 25417.2 is added to the Health and Safety Code, to read:25417.2. (a) For purposes of this section, thirdhand smoke means the toxic chemical residue left behind by tobacco smoke.(b) The Department of Toxic Substances Control shall update the Homeowners Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following:(1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources.(2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following:(A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property.(B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard.(C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.
4343
4444 The people of the State of California do enact as follows:
4545
4646 ## The people of the State of California do enact as follows:
4747
4848 SECTION 1. The Legislature finds and declares both of the following:(a) Thirdhand smoke is the toxic chemical residue left behind by tobacco smoke. It accumulates in carpets, walls, and furniture, becomes embedded in building materials, and persists for years after smoking stops.(b) Thirdhand smoke-polluted buildings expose occupants to more than 10 toxic chemicals listed in Proposition 65 (1986).
4949
5050 SECTION 1. The Legislature finds and declares both of the following:(a) Thirdhand smoke is the toxic chemical residue left behind by tobacco smoke. It accumulates in carpets, walls, and furniture, becomes embedded in building materials, and persists for years after smoking stops.(b) Thirdhand smoke-polluted buildings expose occupants to more than 10 toxic chemicals listed in Proposition 65 (1986).
5151
5252 SECTION 1. The Legislature finds and declares both of the following:
5353
5454 ### SECTION 1.
5555
5656 (a) Thirdhand smoke is the toxic chemical residue left behind by tobacco smoke. It accumulates in carpets, walls, and furniture, becomes embedded in building materials, and persists for years after smoking stops.
5757
5858 (b) Thirdhand smoke-polluted buildings expose occupants to more than 10 toxic chemicals listed in Proposition 65 (1986).
5959
6060 SEC. 2. Section 10084.2 of the Business and Professions Code is amended to read:10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners Guide to Environmental Hazards prepared pursuant to Section 10084.1 and 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.(b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.
6161
6262 SEC. 2. Section 10084.2 of the Business and Professions Code is amended to read:
6363
6464 ### SEC. 2.
6565
6666 10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners Guide to Environmental Hazards prepared pursuant to Section 10084.1 and 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.(b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.
6767
6868 10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners Guide to Environmental Hazards prepared pursuant to Section 10084.1 and 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.(b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.
6969
7070 10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners Guide to Environmental Hazards prepared pursuant to Section 10084.1 and 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.(b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.
7171
7272
7373
7474 10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners Guide to Environmental Hazards prepared pursuant to Section 10084.1 and 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.
7575
7676 (b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.
7777
7878 SEC. 3. Section 1102.6k is added to the Civil Code, to read:1102.6k. In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
7979
8080 SEC. 3. Section 1102.6k is added to the Civil Code, to read:
8181
8282 ### SEC. 3.
8383
8484 1102.6k. In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
8585
8686 1102.6k. In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
8787
8888 1102.6k. In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
8989
9090
9191
9292 1102.6k. In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking or vaping tobacco or nicotine products, or any history of occupants smoking or vaping tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing.
9393
9494 SEC. 4. Section 25417.2 is added to the Health and Safety Code, to read:25417.2. (a) For purposes of this section, thirdhand smoke means the toxic chemical residue left behind by tobacco smoke.(b) The Department of Toxic Substances Control shall update the Homeowners Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following:(1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources.(2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following:(A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property.(B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard.(C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.
9595
9696 SEC. 4. Section 25417.2 is added to the Health and Safety Code, to read:
9797
9898 ### SEC. 4.
9999
100100 25417.2. (a) For purposes of this section, thirdhand smoke means the toxic chemical residue left behind by tobacco smoke.(b) The Department of Toxic Substances Control shall update the Homeowners Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following:(1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources.(2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following:(A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property.(B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard.(C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.
101101
102102 25417.2. (a) For purposes of this section, thirdhand smoke means the toxic chemical residue left behind by tobacco smoke.(b) The Department of Toxic Substances Control shall update the Homeowners Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following:(1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources.(2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following:(A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property.(B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard.(C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.
103103
104104 25417.2. (a) For purposes of this section, thirdhand smoke means the toxic chemical residue left behind by tobacco smoke.(b) The Department of Toxic Substances Control shall update the Homeowners Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following:(1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources.(2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following:(A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property.(B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard.(C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.
105105
106106
107107
108108 25417.2. (a) For purposes of this section, thirdhand smoke means the toxic chemical residue left behind by tobacco smoke.
109109
110110 (b) The Department of Toxic Substances Control shall update the Homeowners Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following:
111111
112112 (1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources.
113113
114114 (2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following:
115115
116116 (A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property.
117117
118118 (B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard.
119119
120120 (C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer.