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| 1 | + | Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 236Introduced by Senator Weber PiersonJanuary 29, 2025 An act to add Chapter 14.5 (commencing with Section 108985) to Part 3 of Division 104 of the Health and Safety Code, relating to cosmetics.LEGISLATIVE COUNSEL'S DIGESTSB 236, as amended, Weber Pierson. Cosmetics: chemical hair relaxers.Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under customary or usual conditions of use. Existing law defines cosmetic to mean, for the purposes of the law, any article, other than soap, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. law prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances.This bill would state that it is the intent of the Legislature to enact legislation relating to toxic substances in chemical hair relaxers.This bill would, commencing January 1, 2030, prohibit any person from manufacturing, distributing, selling, or offering for sale in the state any hair relaxer, as defined, that contains specified chemicals in concentrations exceeding specified percentages. The bill would require the Department of Toxic Substances Control to adopt regulations on or before January 1, 2030, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. The bill would require the department to publish on its internet website, on or before January 1, 2028, a list of accepted testing methods for testing for the chemicals described above. The bill would require a manufacturer of hair relaxer products to register with the department, on or before July 1, 2030, and to provide to the department specified information and a registration fee. The bill would require the department to issue a notice of violation of the above provisions under specified circumstances. The bill would make a violation of these provisions punishable by administrative or civil penalties, as specified, and would authorize the Attorney General, on behalf of the department or on behalf of the people of the state at the request of the department, to bring an action to enforce these provisions. The bill would create, and would require all moneys collected from penalties to be deposited in, the C.U.R.L. Act Fund. The bill would make the departments duties to initiate, implement, or enforce any of these requirements contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements. The bill would, upon an appropriation by the Legislature, authorize the Department of Finance, if it determines there are sufficient funds in the Toxic Substances Control Account to finance the development of the regulations and the startup costs of the Department of Toxic Substances Controls activities required by the bill, to loan funds to the department from the account to carry out the activities required by the bill until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing the bill and to reimburse any outstanding loans made from the account used to finance the development of the regulations and the startup costs of the departments activities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO 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 C.U.R.L. Act.SEC. 2. Chapter 14.5 (commencing with Section 108985) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations:(a) Sodium hydroxide in concentrations exceeding 2 percent.(b) Calcium hydroxide in concentrations exceeding 7 percent.(c) Potassium hydroxide in concentrations exceeding 2 percent.(d) Lithium hydroxide in concentrations exceeding 2 percent if the product is intended for home use.(e) Lithium hydroxide in concentrations exceeding 4.5 percent if the product is intended for professional use.108985.4. (a) On or before July 1, 2030, a manufacturer of a hair relaxer product shall register with the department and provide to the department all of the following in the manner prescribed by the department pursuant to the regulations adopted pursuant to this chapter:(1) The name and a description of each hair relaxer product.(2) The applicable registration fee.(3) (A) A statement of compliance certifying that each hair relaxer product is in compliance with this chapter.(B) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance with this chapter. The certification and analytical tests shall comply with those published on the departments internet website pursuant to Section 108985.2.(b) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.108985.5. (a) The department shall issue a notice of violation to a person or entity in violation of this chapter if either of the following occurs:(1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed.(2) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.(b) A notice of violation shall indicate the nature of the violation and may do either of the following:(1) Assess an administrative or civil penalty against a person or entity in violation of this chapter.(2) Require compliance with this chapter, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state.(c) The department may receive reports of alleged violations, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection.108985.6. (a) A violation of this chapter is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty.(b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(c) In assessing the amount of a civil penalty for a violation of this chapter, the court may consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and when the measures were taken.(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known.(d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.(e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.(f) A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorneys fees and costs by the court.108985.7. (a) (1) The C.U.R.L. Act Fund is hereby created in the State Treasury.(2) Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund.(b) (1) The C.U.R.L. Act Registration Fee Account is hereby created within the C.U.R.L. Act Fund.(2) Moneys from fees collected pursuant to Section 108985.4 shall be deposited in the C.U.R.L. Act Registration Fee Account.(c) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund, including the C.U.R.L. Act Registration Fee Account, shall be available for the departments reasonable costs of implementing this chapter.(d) (1) The departments duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter.(2) Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter, funds may be used as a loan by the department for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter.SECTION 1.It is the intent of the Legislature to enact legislation relating to toxic substances in chemical hair relaxers. | |
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| 3 | + | Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 236Introduced by Senator Weber PiersonJanuary 29, 2025 An act to add Chapter 14.5 (commencing with Section 108985) to Part 3 of Division 104 of the Health and Safety Code, relating to cosmetics.LEGISLATIVE COUNSEL'S DIGESTSB 236, as amended, Weber Pierson. Cosmetics: chemical hair relaxers.Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under customary or usual conditions of use. Existing law defines cosmetic to mean, for the purposes of the law, any article, other than soap, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. law prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances.This bill would state that it is the intent of the Legislature to enact legislation relating to toxic substances in chemical hair relaxers.This bill would, commencing January 1, 2030, prohibit any person from manufacturing, distributing, selling, or offering for sale in the state any hair relaxer, as defined, that contains specified chemicals in concentrations exceeding specified percentages. The bill would require the Department of Toxic Substances Control to adopt regulations on or before January 1, 2030, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. The bill would require the department to publish on its internet website, on or before January 1, 2028, a list of accepted testing methods for testing for the chemicals described above. The bill would require a manufacturer of hair relaxer products to register with the department, on or before July 1, 2030, and to provide to the department specified information and a registration fee. The bill would require the department to issue a notice of violation of the above provisions under specified circumstances. The bill would make a violation of these provisions punishable by administrative or civil penalties, as specified, and would authorize the Attorney General, on behalf of the department or on behalf of the people of the state at the request of the department, to bring an action to enforce these provisions. The bill would create, and would require all moneys collected from penalties to be deposited in, the C.U.R.L. Act Fund. The bill would make the departments duties to initiate, implement, or enforce any of these requirements contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements. The bill would, upon an appropriation by the Legislature, authorize the Department of Finance, if it determines there are sufficient funds in the Toxic Substances Control Account to finance the development of the regulations and the startup costs of the Department of Toxic Substances Controls activities required by the bill, to loan funds to the department from the account to carry out the activities required by the bill until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing the bill and to reimburse any outstanding loans made from the account used to finance the development of the regulations and the startup costs of the departments activities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 26, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 09, 2025 | |
| 8 | 7 | Amended IN Senate March 26, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 236 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator Weber PiersonJanuary 29, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Weber Pierson | |
| 19 | 18 | January 29, 2025 | |
| 20 | 19 | ||
| 21 | 20 | An act to add Chapter 14.5 (commencing with Section 108985) to Part 3 of Division 104 of the Health and Safety Code, relating to cosmetics. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | SB 236, as amended, Weber Pierson. Cosmetics: chemical hair relaxers. | |
| 28 | 27 | ||
| 29 | - | Existing law prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances.This bill | |
| 28 | + | Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under customary or usual conditions of use. Existing law defines cosmetic to mean, for the purposes of the law, any article, other than soap, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. law prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances.This bill would state that it is the intent of the Legislature to enact legislation relating to toxic substances in chemical hair relaxers.This bill would, commencing January 1, 2030, prohibit any person from manufacturing, distributing, selling, or offering for sale in the state any hair relaxer, as defined, that contains specified chemicals in concentrations exceeding specified percentages. The bill would require the Department of Toxic Substances Control to adopt regulations on or before January 1, 2030, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. The bill would require the department to publish on its internet website, on or before January 1, 2028, a list of accepted testing methods for testing for the chemicals described above. The bill would require a manufacturer of hair relaxer products to register with the department, on or before July 1, 2030, and to provide to the department specified information and a registration fee. The bill would require the department to issue a notice of violation of the above provisions under specified circumstances. The bill would make a violation of these provisions punishable by administrative or civil penalties, as specified, and would authorize the Attorney General, on behalf of the department or on behalf of the people of the state at the request of the department, to bring an action to enforce these provisions. The bill would create, and would require all moneys collected from penalties to be deposited in, the C.U.R.L. Act Fund. The bill would make the departments duties to initiate, implement, or enforce any of these requirements contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements. The bill would, upon an appropriation by the Legislature, authorize the Department of Finance, if it determines there are sufficient funds in the Toxic Substances Control Account to finance the development of the regulations and the startup costs of the Department of Toxic Substances Controls activities required by the bill, to loan funds to the department from the account to carry out the activities required by the bill until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing the bill and to reimburse any outstanding loans made from the account used to finance the development of the regulations and the startup costs of the departments activities. | |
| 30 | 29 | ||
| 31 | - | Existing law prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances. | |
| 30 | + | Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under customary or usual conditions of use. Existing law defines cosmetic to mean, for the purposes of the law, any article, other than soap, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. law prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances. | |
| 32 | 31 | ||
| 33 | - | This bill bill, the C.U.R.L. Act, would, commencing January 1, 2030, prohibit any person from manufacturing, distributing, selling, or offering for sale in the state any hair relaxer, as defined, that contains specified chemicals in concentrations exceeding specified percentages. chemicals. The bill would require the Department of Toxic Substances Control to adopt regulations on or before January 1, 2030, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. The bill would require the department to publish on its internet website, on or before January 1, 2028, a list of accepted testing methods for testing for the chemicals described above. The bill would require a manufacturer of hair relaxer products to register with the department, on or before July 1, 2030, and to provide to the department specified information and a registration fee. The bill would require the department to issue a notice of violation of the above provisions under specified circumstances. The bill would make a violation of these provisions punishable by administrative or civil penalties, as specified, and would authorize the Attorney General, on behalf of the department or on behalf of the people of the state at the request of the department, to bring an action to enforce these provisions. The bill would create, and would require all moneys collected from penalties to be deposited in, the C.U.R.L. Act Fund. The bill would create the C.U.R.L. Act Registration Fee Account within the C.U.R.L. Act Fund and would require the registration fees described above to be deposited in the account. The bill would make the departments duties to initiate, implement, or enforce any of these requirements contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements. The bill would, upon an appropriation by the Legislature, authorize the Department of Finance, if it determines there are sufficient funds in the Toxic Substances Control Account to finance the development of the regulations and the startup costs of the Department of Toxic Substances Controls activities required by the bill, to loan funds to the department from the account to carry out the activities required by the bill until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing the bill and to reimburse any outstanding loans made from the account used to finance the development of the regulations and the startup costs of the departments activities. | |
| 32 | + | This bill would state that it is the intent of the Legislature to enact legislation relating to toxic substances in chemical hair relaxers. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would, commencing January 1, 2030, prohibit any person from manufacturing, distributing, selling, or offering for sale in the state any hair relaxer, as defined, that contains specified chemicals in concentrations exceeding specified percentages. The bill would require the Department of Toxic Substances Control to adopt regulations on or before January 1, 2030, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. The bill would require the department to publish on its internet website, on or before January 1, 2028, a list of accepted testing methods for testing for the chemicals described above. The bill would require a manufacturer of hair relaxer products to register with the department, on or before July 1, 2030, and to provide to the department specified information and a registration fee. The bill would require the department to issue a notice of violation of the above provisions under specified circumstances. The bill would make a violation of these provisions punishable by administrative or civil penalties, as specified, and would authorize the Attorney General, on behalf of the department or on behalf of the people of the state at the request of the department, to bring an action to enforce these provisions. The bill would create, and would require all moneys collected from penalties to be deposited in, the C.U.R.L. Act Fund. The bill would make the departments duties to initiate, implement, or enforce any of these requirements contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements. The bill would, upon an appropriation by the Legislature, authorize the Department of Finance, if it determines there are sufficient funds in the Toxic Substances Control Account to finance the development of the regulations and the startup costs of the Department of Toxic Substances Controls activities required by the bill, to loan funds to the department from the account to carry out the activities required by the bill until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing the bill and to reimburse any outstanding loans made from the account used to finance the development of the regulations and the startup costs of the departments activities. | |
| 34 | 37 | ||
| 35 | 38 | ## Digest Key | |
| 36 | 39 | ||
| 37 | 40 | ## Bill Text | |
| 38 | 41 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the C.U.R.L. Act.SEC. 2. Chapter 14.5 (commencing with Section 108985) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations: | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the C.U.R.L. Act.SEC. 2. Chapter 14.5 (commencing with Section 108985) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations:(a) Sodium hydroxide in concentrations exceeding 2 percent.(b) Calcium hydroxide in concentrations exceeding 7 percent.(c) Potassium hydroxide in concentrations exceeding 2 percent.(d) Lithium hydroxide in concentrations exceeding 2 percent if the product is intended for home use.(e) Lithium hydroxide in concentrations exceeding 4.5 percent if the product is intended for professional use.108985.4. (a) On or before July 1, 2030, a manufacturer of a hair relaxer product shall register with the department and provide to the department all of the following in the manner prescribed by the department pursuant to the regulations adopted pursuant to this chapter:(1) The name and a description of each hair relaxer product.(2) The applicable registration fee.(3) (A) A statement of compliance certifying that each hair relaxer product is in compliance with this chapter.(B) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance with this chapter. The certification and analytical tests shall comply with those published on the departments internet website pursuant to Section 108985.2.(b) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.108985.5. (a) The department shall issue a notice of violation to a person or entity in violation of this chapter if either of the following occurs:(1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed.(2) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.(b) A notice of violation shall indicate the nature of the violation and may do either of the following:(1) Assess an administrative or civil penalty against a person or entity in violation of this chapter.(2) Require compliance with this chapter, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state.(c) The department may receive reports of alleged violations, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection.108985.6. (a) A violation of this chapter is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty.(b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(c) In assessing the amount of a civil penalty for a violation of this chapter, the court may consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and when the measures were taken.(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known.(d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.(e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.(f) A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorneys fees and costs by the court.108985.7. (a) (1) The C.U.R.L. Act Fund is hereby created in the State Treasury.(2) Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund.(b) (1) The C.U.R.L. Act Registration Fee Account is hereby created within the C.U.R.L. Act Fund.(2) Moneys from fees collected pursuant to Section 108985.4 shall be deposited in the C.U.R.L. Act Registration Fee Account.(c) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund, including the C.U.R.L. Act Registration Fee Account, shall be available for the departments reasonable costs of implementing this chapter.(d) (1) The departments duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter.(2) Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter, funds may be used as a loan by the department for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter.SECTION 1.It is the intent of the Legislature to enact legislation relating to toxic substances in chemical hair relaxers. | |
| 40 | 43 | ||
| 41 | 44 | The people of the State of California do enact as follows: | |
| 42 | 45 | ||
| 43 | 46 | ## The people of the State of California do enact as follows: | |
| 44 | 47 | ||
| 45 | 48 | SECTION 1. This act shall be known, and may be cited, as the C.U.R.L. Act. | |
| 46 | 49 | ||
| 47 | 50 | SECTION 1. This act shall be known, and may be cited, as the C.U.R.L. Act. | |
| 48 | 51 | ||
| 49 | 52 | SECTION 1. This act shall be known, and may be cited, as the C.U.R.L. Act. | |
| 50 | 53 | ||
| 51 | 54 | ### SECTION 1. | |
| 52 | 55 | ||
| 53 | - | SEC. 2. Chapter 14.5 (commencing with Section 108985) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations: | |
| 56 | + | SEC. 2. Chapter 14.5 (commencing with Section 108985) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations:(a) Sodium hydroxide in concentrations exceeding 2 percent.(b) Calcium hydroxide in concentrations exceeding 7 percent.(c) Potassium hydroxide in concentrations exceeding 2 percent.(d) Lithium hydroxide in concentrations exceeding 2 percent if the product is intended for home use.(e) Lithium hydroxide in concentrations exceeding 4.5 percent if the product is intended for professional use.108985.4. (a) On or before July 1, 2030, a manufacturer of a hair relaxer product shall register with the department and provide to the department all of the following in the manner prescribed by the department pursuant to the regulations adopted pursuant to this chapter:(1) The name and a description of each hair relaxer product.(2) The applicable registration fee.(3) (A) A statement of compliance certifying that each hair relaxer product is in compliance with this chapter.(B) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance with this chapter. The certification and analytical tests shall comply with those published on the departments internet website pursuant to Section 108985.2.(b) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.108985.5. (a) The department shall issue a notice of violation to a person or entity in violation of this chapter if either of the following occurs:(1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed.(2) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.(b) A notice of violation shall indicate the nature of the violation and may do either of the following:(1) Assess an administrative or civil penalty against a person or entity in violation of this chapter.(2) Require compliance with this chapter, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state.(c) The department may receive reports of alleged violations, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection.108985.6. (a) A violation of this chapter is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty.(b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(c) In assessing the amount of a civil penalty for a violation of this chapter, the court may consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and when the measures were taken.(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known.(d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.(e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.(f) A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorneys fees and costs by the court.108985.7. (a) (1) The C.U.R.L. Act Fund is hereby created in the State Treasury.(2) Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund.(b) (1) The C.U.R.L. Act Registration Fee Account is hereby created within the C.U.R.L. Act Fund.(2) Moneys from fees collected pursuant to Section 108985.4 shall be deposited in the C.U.R.L. Act Registration Fee Account.(c) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund, including the C.U.R.L. Act Registration Fee Account, shall be available for the departments reasonable costs of implementing this chapter.(d) (1) The departments duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter.(2) Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter, funds may be used as a loan by the department for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter. | |
| 54 | 57 | ||
| 55 | 58 | SEC. 2. Chapter 14.5 (commencing with Section 108985) is added to Part 3 of Division 104 of the Health and Safety Code, to read: | |
| 56 | 59 | ||
| 57 | 60 | ### SEC. 2. | |
| 58 | 61 | ||
| 59 | - | CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations: | |
| 62 | + | CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations:(a) Sodium hydroxide in concentrations exceeding 2 percent.(b) Calcium hydroxide in concentrations exceeding 7 percent.(c) Potassium hydroxide in concentrations exceeding 2 percent.(d) Lithium hydroxide in concentrations exceeding 2 percent if the product is intended for home use.(e) Lithium hydroxide in concentrations exceeding 4.5 percent if the product is intended for professional use.108985.4. (a) On or before July 1, 2030, a manufacturer of a hair relaxer product shall register with the department and provide to the department all of the following in the manner prescribed by the department pursuant to the regulations adopted pursuant to this chapter:(1) The name and a description of each hair relaxer product.(2) The applicable registration fee.(3) (A) A statement of compliance certifying that each hair relaxer product is in compliance with this chapter.(B) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance with this chapter. The certification and analytical tests shall comply with those published on the departments internet website pursuant to Section 108985.2.(b) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.108985.5. (a) The department shall issue a notice of violation to a person or entity in violation of this chapter if either of the following occurs:(1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed.(2) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.(b) A notice of violation shall indicate the nature of the violation and may do either of the following:(1) Assess an administrative or civil penalty against a person or entity in violation of this chapter.(2) Require compliance with this chapter, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state.(c) The department may receive reports of alleged violations, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection.108985.6. (a) A violation of this chapter is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty.(b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(c) In assessing the amount of a civil penalty for a violation of this chapter, the court may consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and when the measures were taken.(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known.(d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.(e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.(f) A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorneys fees and costs by the court.108985.7. (a) (1) The C.U.R.L. Act Fund is hereby created in the State Treasury.(2) Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund.(b) (1) The C.U.R.L. Act Registration Fee Account is hereby created within the C.U.R.L. Act Fund.(2) Moneys from fees collected pursuant to Section 108985.4 shall be deposited in the C.U.R.L. Act Registration Fee Account.(c) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund, including the C.U.R.L. Act Registration Fee Account, shall be available for the departments reasonable costs of implementing this chapter.(d) (1) The departments duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter.(2) Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter, funds may be used as a loan by the department for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter. | |
| 60 | 63 | ||
| 61 | - | CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations: | |
| 64 | + | CHAPTER 14.5. Hair Relaxers108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair.108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary.108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations:(a) Sodium hydroxide in concentrations exceeding 2 percent.(b) Calcium hydroxide in concentrations exceeding 7 percent.(c) Potassium hydroxide in concentrations exceeding 2 percent.(d) Lithium hydroxide in concentrations exceeding 2 percent if the product is intended for home use.(e) Lithium hydroxide in concentrations exceeding 4.5 percent if the product is intended for professional use.108985.4. (a) On or before July 1, 2030, a manufacturer of a hair relaxer product shall register with the department and provide to the department all of the following in the manner prescribed by the department pursuant to the regulations adopted pursuant to this chapter:(1) The name and a description of each hair relaxer product.(2) The applicable registration fee.(3) (A) A statement of compliance certifying that each hair relaxer product is in compliance with this chapter.(B) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance with this chapter. The certification and analytical tests shall comply with those published on the departments internet website pursuant to Section 108985.2.(b) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.108985.5. (a) The department shall issue a notice of violation to a person or entity in violation of this chapter if either of the following occurs:(1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed.(2) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.(b) A notice of violation shall indicate the nature of the violation and may do either of the following:(1) Assess an administrative or civil penalty against a person or entity in violation of this chapter.(2) Require compliance with this chapter, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state.(c) The department may receive reports of alleged violations, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection.108985.6. (a) A violation of this chapter is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty.(b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(c) In assessing the amount of a civil penalty for a violation of this chapter, the court may consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and when the measures were taken.(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known.(d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.(e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.(f) A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorneys fees and costs by the court.108985.7. (a) (1) The C.U.R.L. Act Fund is hereby created in the State Treasury.(2) Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund.(b) (1) The C.U.R.L. Act Registration Fee Account is hereby created within the C.U.R.L. Act Fund.(2) Moneys from fees collected pursuant to Section 108985.4 shall be deposited in the C.U.R.L. Act Registration Fee Account.(c) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund, including the C.U.R.L. Act Registration Fee Account, shall be available for the departments reasonable costs of implementing this chapter.(d) (1) The departments duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter.(2) Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter, funds may be used as a loan by the department for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter. | |
| 62 | 65 | ||
| 63 | 66 | CHAPTER 14.5. Hair Relaxers | |
| 64 | 67 | ||
| 65 | 68 | CHAPTER 14.5. Hair Relaxers | |
| 66 | 69 | ||
| 67 | 70 | 108985. For the purposes of this chapter, the following terms have the following meanings:(a) Department means the Department of Toxic Substances Control.(b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair. | |
| 68 | 71 | ||
| 69 | 72 | ||
| 70 | 73 | ||
| 71 | 74 | 108985. For the purposes of this chapter, the following terms have the following meanings: | |
| 72 | 75 | ||
| 73 | 76 | (a) Department means the Department of Toxic Substances Control. | |
| 74 | 77 | ||
| 75 | 78 | (b) Hair relaxer means a product that is designed to straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a persons hair. | |
| 76 | 79 | ||
| 77 | 80 | 108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter. | |
| 78 | 81 | ||
| 79 | 82 | ||
| 80 | 83 | ||
| 81 | 84 | 108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter. | |
| 82 | 85 | ||
| 83 | 86 | 108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary. | |
| 84 | 87 | ||
| 85 | 88 | ||
| 86 | 89 | ||
| 87 | 90 | 108985.2. On or before January 1, 2028, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of the regulated chemicals described in Section 108985.3 in hair relaxer products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary. | |
| 88 | 91 | ||
| 89 | - | 108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations: | |
| 92 | + | 108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations:(a) Sodium hydroxide in concentrations exceeding 2 percent.(b) Calcium hydroxide in concentrations exceeding 7 percent.(c) Potassium hydroxide in concentrations exceeding 2 percent.(d) Lithium hydroxide in concentrations exceeding 2 percent if the product is intended for home use.(e) Lithium hydroxide in concentrations exceeding 4.5 percent if the product is intended for professional use. | |
| 90 | 93 | ||
| 91 | 94 | ||
| 92 | 95 | ||
| 93 | - | 108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations: | |
| 96 | + | 108985.3. Commencing January 1, 2030, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce in the state a hair relaxer that contains any of the following chemicals in the following concentrations: | |
| 94 | 97 | ||
| 95 | 98 | (a) Sodium hydroxide in concentrations exceeding 2 percent. | |
| 96 | 99 | ||
| 97 | - | ||
| 98 | - | ||
| 99 | 100 | (b) Calcium hydroxide in concentrations exceeding 7 percent. | |
| 100 | - | ||
| 101 | - | ||
| 102 | 101 | ||
| 103 | 102 | (c) Potassium hydroxide in concentrations exceeding 2 percent. | |
| 104 | 103 | ||
| 105 | - | ||
| 106 | - | ||
| 107 | 104 | (d) Lithium hydroxide in concentrations exceeding 2 percent if the product is intended for home use. | |
| 108 | 105 | ||
| 109 | - | ||
| 110 | - | ||
| 111 | 106 | (e) Lithium hydroxide in concentrations exceeding 4.5 percent if the product is intended for professional use. | |
| 112 | - | ||
| 113 | - | ||
| 114 | - | ||
| 115 | - | (a) Formaldehyde (CAS no. 50-00-0). | |
| 116 | - | ||
| 117 | - | (b) Isobutylparaben (CAS no. 4247-02-3). | |
| 118 | - | ||
| 119 | - | (c) Isopropylparaben (CAS no. 4191-73-5). | |
| 120 | - | ||
| 121 | - | (d) Cyclohexylamine (CAS no. 108-91-8). | |
| 122 | - | ||
| 123 | - | (e) Cyclotetrasiloxane (CAS no. 556-67-2), | |
| 124 | - | ||
| 125 | - | (f) Diethanolamine perfluorooctane sulfonate (CAS no. 70225-14-8). | |
| 126 | - | ||
| 127 | - | (g) Dibutyl phthalate (CAS no. 84-74-2). | |
| 128 | - | ||
| 129 | - | (h) Diethylhexyl phthalate (CAS no. 117-81-7). | |
| 130 | - | ||
| 131 | - | (i) Lily aldehyde (CAS no. 80-54-6). | |
| 132 | 107 | ||
| 133 | 108 | 108985.4. (a) On or before July 1, 2030, a manufacturer of a hair relaxer product shall register with the department and provide to the department all of the following in the manner prescribed by the department pursuant to the regulations adopted pursuant to this chapter:(1) The name and a description of each hair relaxer product.(2) The applicable registration fee.(3) (A) A statement of compliance certifying that each hair relaxer product is in compliance with this chapter.(B) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance with this chapter. The certification and analytical tests shall comply with those published on the departments internet website pursuant to Section 108985.2.(b) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter. | |
| 134 | 109 | ||
| 135 | 110 | ||
| 136 | 111 | ||
| 137 | 112 | 108985.4. (a) On or before July 1, 2030, a manufacturer of a hair relaxer product shall register with the department and provide to the department all of the following in the manner prescribed by the department pursuant to the regulations adopted pursuant to this chapter: | |
| 138 | 113 | ||
| 139 | 114 | (1) The name and a description of each hair relaxer product. | |
| 140 | 115 | ||
| 141 | 116 | (2) The applicable registration fee. | |
| 142 | 117 | ||
| 143 | 118 | (3) (A) A statement of compliance certifying that each hair relaxer product is in compliance with this chapter. | |
| 144 | 119 | ||
| 145 | 120 | (B) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance with this chapter. The certification and analytical tests shall comply with those published on the departments internet website pursuant to Section 108985.2. | |
| 146 | 121 | ||
| 147 | 122 | (b) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter. | |
| 148 | 123 | ||
| 149 | - | 108985.5. (a) The department shall issue a notice of violation to a person or entity in violation of this chapter if either of the following occurs:(1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed | |
| 124 | + | 108985.5. (a) The department shall issue a notice of violation to a person or entity in violation of this chapter if either of the following occurs:(1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed.(2) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.(b) A notice of violation shall indicate the nature of the violation and may do either of the following:(1) Assess an administrative or civil penalty against a person or entity in violation of this chapter.(2) Require compliance with this chapter, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state.(c) The department may receive reports of alleged violations, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection. | |
| 150 | 125 | ||
| 151 | 126 | ||
| 152 | 127 | ||
| 153 | 128 | 108985.5. (a) The department shall issue a notice of violation to a person or entity in violation of this chapter if either of the following occurs: | |
| 154 | 129 | ||
| 155 | - | (1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed. | |
| 130 | + | (1) The departments testing or test results submitted as a part of the registration process pursuant to Section 108985.4 indicates that a hair relaxer product contains a regulated chemical described in Section 108985.3 in a greater concentration than allowed. | |
| 156 | 131 | ||
| 157 | 132 | (2) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter. | |
| 158 | 133 | ||
| 159 | 134 | (b) A notice of violation shall indicate the nature of the violation and may do either of the following: | |
| 160 | 135 | ||
| 161 | 136 | (1) Assess an administrative or civil penalty against a person or entity in violation of this chapter. | |
| 162 | 137 | ||
| 163 | 138 | (2) Require compliance with this chapter, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state. | |
| 164 | 139 | ||
| 165 | 140 | (c) The department may receive reports of alleged violations, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection. | |
| 166 | 141 | ||
| 167 | 142 | 108985.6. (a) A violation of this chapter is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty.(b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.(c) In assessing the amount of a civil penalty for a violation of this chapter, the court may consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and when the measures were taken.(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known.(d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.(e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.(f) A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorneys fees and costs by the court. | |
| 168 | 143 | ||
| 169 | 144 | ||
| 170 | 145 | ||
| 171 | 146 | 108985.6. (a) A violation of this chapter is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty. | |
| 172 | 147 | ||
| 173 | 148 | (b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues. | |
| 174 | 149 | ||
| 175 | 150 | (c) In assessing the amount of a civil penalty for a violation of this chapter, the court may consider all of the following: | |
| 176 | 151 | ||
| 177 | 152 | (1) The nature and extent of the violation. | |
| 178 | 153 | ||
| 179 | 154 | (2) The number and severity of the violations. | |
| 180 | 155 | ||
| 181 | 156 | (3) The economic effect of the penalty on the violator. | |
| 182 | 157 | ||
| 183 | 158 | (4) Whether the violator took good faith measures to comply with this chapter and when the measures were taken. | |
| 184 | 159 | ||
| 185 | 160 | (5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. | |
| 186 | 161 | ||
| 187 | 162 | (6) Whether there were contributing environmental factors about which a reasonable person knew or should have known. | |
| 188 | 163 | ||
| 189 | 164 | (d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. | |
| 190 | 165 | ||
| 191 | 166 | (e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department. | |
| 192 | 167 | ||
| 193 | 168 | (f) A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorneys fees and costs by the court. | |
| 194 | 169 | ||
| 195 | 170 | 108985.7. (a) (1) The C.U.R.L. Act Fund is hereby created in the State Treasury.(2) Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund.(b) (1) The C.U.R.L. Act Registration Fee Account is hereby created within the C.U.R.L. Act Fund.(2) Moneys from fees collected pursuant to Section 108985.4 shall be deposited in the C.U.R.L. Act Registration Fee Account.(c) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund, including the C.U.R.L. Act Registration Fee Account, shall be available for the departments reasonable costs of implementing this chapter.(d) (1) The departments duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter.(2) Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter, funds may be used as a loan by the department for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter. | |
| 196 | 171 | ||
| 197 | 172 | ||
| 198 | 173 | ||
| 199 | 174 | 108985.7. (a) (1) The C.U.R.L. Act Fund is hereby created in the State Treasury. | |
| 200 | 175 | ||
| 201 | 176 | (2) Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund. | |
| 202 | 177 | ||
| 203 | 178 | (b) (1) The C.U.R.L. Act Registration Fee Account is hereby created within the C.U.R.L. Act Fund. | |
| 204 | 179 | ||
| 205 | 180 | (2) Moneys from fees collected pursuant to Section 108985.4 shall be deposited in the C.U.R.L. Act Registration Fee Account. | |
| 206 | 181 | ||
| 207 | 182 | (c) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund, including the C.U.R.L. Act Registration Fee Account, shall be available for the departments reasonable costs of implementing this chapter. | |
| 208 | 183 | ||
| 209 | 184 | (d) (1) The departments duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter. | |
| 210 | 185 | ||
| 211 | 186 | (2) Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter, funds may be used as a loan by the department for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the departments reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the departments activities pursuant to this chapter. | |
| 187 | + | ||
| 188 | + | ||
| 189 | + | ||
| 190 | + | It is the intent of the Legislature to enact legislation relating to toxic substances in chemical hair relaxers. |