PART 3. PRODUCT SAFETY [108040. - 109052.]
Part 3 added by Stats. 1995, Ch. 415, Sec. 6.
§§ 108040–109052 · 196 sections
CHAPTER 2. Product Recall Safety and Protection Act §§ 108040–108050 · 6 sections
- § 108040 This chapter shall be known, and may be cited, as the Product Recall Safety and Protection Act.
- § 108042 As used in this chapter, the following terms have the following meanings: (a) “Commercial dealer” means any person who deals in products or who otherwise by…
- § 108044 (a) No commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer shall manufacture, remanufacture, distribute, sell at wholesale or…
- § 108046 (a) A commercial dealer, manufacturer, importer, distributor, or wholesaler that has placed into the stream of commerce any unsafe product for which a recall…
- § 108048 Nothing in this chapter relieves a commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer from compliance with stricter requirements…
- § 108050 (a) Any violation of this chapter shall be subject to a civil penalty of up to one thousand dollars ($1,000) for each occurrence, up to a maximum of twenty…
CHAPTER 3. Enforcement and Penalties §§ 108075–108087 · 12 sections
ARTICLE 1. Intent § 108075 · 1 section
- § 108075 (a) It is the intent of the Legislature that this chapter provide enforcement mechanisms for existing and future perfluoroalkyl and polyfluoroalkyl substance…
ARTICLE 2. Definitions and General Provisions §§ 108076–108078 · 3 sections
- § 108076 For purposes of this chapter, all of the following definitions apply: (a) “Covered PFAS restriction” means a restriction imposed by any of the following: (1)…
- § 108077 On or before January 1, 2029, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter and the covered PFAS…
- § 108078 This chapter does not limit or restrict existing mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
ARTICLE 3. Registration and Testing §§ 108079–108080 · 2 sections
- § 108079 (a) On or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the…
- § 108080 The department may procure and test any covered product for compliance with the applicable covered PFAS restrictions. Tests may be done by selecting and…
ARTICLE 4. Notice of Violation § 108081 · 1 section
- § 108081 (a) The department shall issue a notice of violation to a person or entity in violation if any of the following occurs: (1) The department’s testing or test…
ARTICLE 5. Enforcement §§ 108082–108083 · 2 sections
- § 108082 (a) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative penalty assessed pursuant to this…
- § 108083 (a) The department may receive reports of alleged violations of covered PFAS restrictions, including analytical test results, from consumers, businesses,…
ARTICLE 6. Finance §§ 108084–108085 · 2 sections
- § 108084 The department shall deposit all moneys from the registration fee described in Section 108079 and all administrative penalties collected pursuant to this…
- § 108085 Upon appropriation by the Legislature and subject to Section 108084, if funds in the Toxic Substances Control Account are sufficient to finance the development…
ARTICLE 7. Reporting § 108087 · 1 section
- § 108087 On or before July 1, 2033, the department shall submit a report to the Legislature regarding its compliance and enforcement activities performed pursuant to…
CHAPTER 4. California Hazardous Substances Act §§ 108100–108515 · 69 sections
ARTICLE 1. General Provisions and Definitions §§ 108100–108225 · 26 sections
- § 108100 This chapter shall be known as the California Hazardous Substances Act.
- § 108105 Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this…
- § 108110 The term “art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or…
- § 108115 “Department” means the State Department of Health Services.
- § 108120 As used in this chapter, “federal act” means the Federal Hazardous Substances Act (74 Stats. 372; 15 U.S.C., Sec. 1261, et seq.).
- § 108125 The term “hazardous substance” means: (a) Any substance or mixture of substances that (1) is toxic, (2) is corrosive, (3) is an irritant, (4) is a strong…
- § 108130 The term “hazardous substance” shall not apply to any of the following: (a) Foods, drugs, or cosmetics subject to the Federal Food, Drug, and Cosmetic Act (52…
- § 108135 The term “hazardous substance” shall apply to any article that is not itself an economic poison within the meaning of the Federal Insecticide, Fungicide and…
- § 108140 The term “human carcinogen” means any substance listed as a human carcinogen by the International Agency for Research on Cancer. The term “potential human…
- § 108145 The term “toxic” shall apply to any substance, other than a radioactive substance, that has the capacity to produce personal injury or illness to man through…
- § 108150 The term “toxic substance causing chronic illness” means any of the following: (1) Human carcinogens. (2) Potential human carcinogens. (3) Any substance…
- § 108155 “Highly toxic” means any substance that falls within any of the following categories: (a) Produces death within 14 days in half or more than half of a group of…
- § 108160 If the department finds that available data on human experience with any substance indicate results different from those obtained on animals with the dosages…
- § 108165 “Corrosive” means any substance which in contact with living tissue will cause destruction of tissue by chemical action; but shall not refer to action on…
- § 108170 “Irritant” means any substance not corrosive within the meaning of Section 108165 that on immediate, prolonged, or repeated contact with normal living tissue…
- § 108175 “Strong sensitizer” means a substance that will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity that becomes…
- § 108180 The term “extremely flammable” shall apply to any substance that has a flashpoint at or below 20 degrees Fahrenheit, as determined by the Tagliabue open-cup…
- § 108185 “Radioactive substance” means a substance that emits ionizing radiation.
- § 108190 “Label” means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the case of an article that is unpackaged…
- § 108195 The term “immediate container” does not include package liners.
- § 108200 The term “misbranded hazardous substance” means a hazardous substance (including a toy or other article intended for use by children, that is a hazardous…
- § 108205 The term “banned hazardous substance” means either: (a) Any toy, or other article intended for use by children, that is a hazardous substance, or that bears or…
- § 108210 (a) An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or…
- § 108215 The department, by regulation, shall exempt from subdivision (a) of Section 108205 (1) articles such as chemical sets, that by reason of their functional…
- § 108220 Proceedings for the issuance, amendment, or repeal of regulations pursuant to subdivision (b) of Section 108205 and Section 108215 shall be in the manner…
- § 108225 Notwithstanding any other provision of this chapter, no substance or article shall be deemed to violate any provision of this chapter except Article 6…
ARTICLE 2. Articles For Children §§ 108230–108235 · 2 sections
- § 108230 A determination by the department that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made…
- § 108235 If, before or during the making of a determination pursuant to Section 108230, the department finds that, because of an electrical, mechanical, or thermal…
ARTICLE 3. Prohibitions §§ 108240–108305 · 14 sections
- § 108240 The manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the…
- § 108245 Any person who imports or receives from any other state or territory or the District of Columbia or from any foreign country, or who having so received…
- § 108250 The packing, selling, offering for sale, or keeping for sale of a hazardous substance in a reused food, drug, or cosmetic container or in a container that,…
- § 108255 The department may by regulation prohibit the use of any other container for hazardous substances if it determines that the container may be mistaken for a…
- § 108260 The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a…
- § 108265 It shall be unlawful to refuse to permit entry or inspection authorized by Section 108370 or to permit access to and copying of any record as authorized by…
- § 108270 No person shall be prosecuted under this chapter if, after receipt of a hazardous substance, he or she can establish a guarantee or undertaking signed by, and…
- § 108275 If the guarantee is to the effect that the article is not misbranded or banned within the meaning of the Federal Hazardous Substances Act (Public Law 86-813,…
- § 108280 The giving of a guarantee referred to in Section 108270 that is false, is prohibited, except by a person who relied upon a guarantee to the same effect signed…
- § 108285 No person shall be prosecuted under this chapter if the hazardous substance is shipped or delivered for shipment for export to any foreign country, in a…
- § 108290 The use by any person to his or her own advantage, or revealing other than to the department or any agent of the department or to the courts when relevant in…
- § 108295 Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than…
- § 108300 For the purpose of enforcing this chapter, carriers engaged in commerce, and persons receiving or holding hazardous substances shall upon the request of an…
- § 108305 Before any violation of this chapter is reported to the district attorney of the county, or the prosecuting officer of the city, for institution of a criminal…
ARTICLE 4. Repurchase §§ 108310–108315 · 2 sections
- § 108310 For the purposes of this article, the following terms have the following meanings: (a) “Manufacturer” includes an importer for resale. (b) A dealer who sells…
- § 108315 In the case of any article or substance sold on or after the effective date of this section by its manufacturer, distributor, or dealer that is a banned…
ARTICLE 5. Administration §§ 108320–108420 · 21 sections
- § 108320 The department may adopt regulations regarding hazardous substances as it determines are necessary to adequately enforce and administer this chapter. Any…
- § 108325 Whenever in the judgment of the department the action will promote the objectives of this chapter by avoiding or resolving uncertainty as to its application,…
- § 108330 If the department finds that the requirements of Section 108200 are not adequate for the protection of the public health and safety in view of the special…
- § 108335 The regulations shall be adopted by the department in the manner prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2…
- § 108340 To the extent that the requirements of this chapter are identical with the federal act, all regulations and any amendments to regulations adopted pursuant to…
- § 108345 A federal regulation adopted pursuant to this chapter takes effect in this state 30 days after it becomes effective as a federal regulation. Any person who…
- § 108350 If substantial objections are made to a federal regulation within 30 days prior to its becoming effective in this state or to a proposed regulation within 30…
- § 108355 If the department finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for…
- § 108360 The department may exempt from the requirements established by, or pursuant to, this chapter any container of a hazardous substance with respect to which it…
- § 108365 The department may appoint agents as it may deem necessary.
- § 108370 The department or its duly authorized agent shall have free access to all reasonable hours to any factory, warehouse, or establishment in which hazardous…
- § 108375 Whenever a duly authorized agent of the department finds, or has probable cause to believe, that any hazardous substance is so misbranded as to be dangerous or…
- § 108380 Whenever the findings of the department show, after investigation and examination, that any hazardous substance found in the possession of any person is…
- § 108385 A hazardous substance found to be misbranded, or to be a banned hazardous substance may, by order of a court or judge, or in the absence of the order, with the…
- § 108390 When a misbranded hazardous substance or a banned hazardous substance is detained or quarantined under this article, the department shall commence proceedings…
- § 108395 If the court finds that a detained or quarantined article is misbranded, after entry of the decree the article shall be destroyed at the expense of the…
- § 108400 If the misbranding can be corrected by proper labeling or processing of the article, after entry of the decree and after costs, fees, and expenses have been…
- § 108405 The bond shall be returned to the claimant of the article on representation to the court by the department that the article is no longer in violation of this…
- § 108410 The department shall cause to be published from time to time reports summarizing any judgments, decrees, or court orders that have been rendered under this…
- § 108415 In addition to the remedies heretofore provided, the department is hereby authorized to bring an action in superior court and the court shall have jurisdiction…
- § 108420 If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the…
ARTICLE 6. Art or Craft Materials §§ 108500–108515 · 4 sections
- § 108500 For the purposes of this article, an art or craft material shall be presumed to contain an ingredient that is a toxic substance causing chronic illness if the…
- § 108505 The Legislature finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material that contains…
- § 108510 No person shall distribute, sell, offer for sale, or expose for sale any art or craft material containing toxic substances causing chronic illness on which the…
- § 108515 (a) The manufacturer of any art or craft material sold, distributed, offered for sale, or exposed for sale in this state shall supply to a national poison…
CHAPTER 5. Consumer Products §§ 108525–108665 · 20 sections
ARTICLE 1. Water Heater Warning Labels § 108525 · 1 section
- § 108525 A warning label shall be affixed near the thermostat of all new water heaters to be sold in the state for residential use. This warning shall read as follows:…
ARTICLE 2. Toy Safety §§ 108550–108585 · 8 sections
- § 108550 “Toy,” as used in this article, means an article designed and made for the amusement of a child or for his or her use in play.
- § 108555 (a) No person shall manufacture, sell, or exchange, have in his or her possession with intent to sell or exchange, or expose or offer for sale or exchange to…
- § 108560 (a) All toys offered for sale or exchange, shall contain a label with the name and place of business of the manufacturer, distributor, or importer in the…
- § 108565 (a) Whenever a duly authorized representative of the department or a local health officer finds, or has probable cause to believe, that any toy is or would be…
- § 108570 No person shall knowingly remove, sell, or dispose of a detained or embargoed toy without permission of an authorized agent of the department, the local health…
- § 108575 When an authorized agent of the department or the local health officer finds, or has reasonable cause to believe, that an embargo will be violated, he or she…
- § 108580 When a toy is alleged to be in violation of this article, the department or the local health officer shall commence proceedings in the superior court in whose…
- § 108585 (a) No person shall knowingly manufacture, sell, or offer for sale any toy that is designed to depict torture or resemble an instrument specifically designed…
ARTICLE 3. Beer Dispensing Equipment Safety §§ 108600–108610 · 3 sections
- § 108600 As used in this article, unless the context requires otherwise: (a) “Beer dispensing equipment” means any machine, tool, or implement used in the operation of…
- § 108605 On or after January 1, 1984, a visually inspectable without disassembly, pressure-relief rupture apparatus or other pressure relief device that performs…
- § 108610 Any commercial establishment or retail distributor that violates the provisions of this article shall be subject to a civil penalty not to exceed five hundred…
ARTICLE 4. Bucket Labeling §§ 108625–108640 · 4 sections
- § 108625 A manufacturer, distributor, or seller of plastic or metal four-gallon to six-gallon, inclusive, straight sided, slightly tapered, open head, industrial…
- § 108630 Any person subject to the labeling requirements of this article is exempt from those requirements if the person has a label that is in substantial compliance…
- § 108635 Any person who violates this article is guilty of a misdemeanor and shall be subject to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of…
- § 108640 This article shall become operative on September 1, 1993, and shall remain in effect unless or until preempted by federal law. Notwithstanding this section,…
ARTICLE 5. Charcoal Hazards §§ 108650–108665 · 4 sections
- § 108650 No person shall sell or offer for sale charcoal intended for use in the cooking or preparation of food, unless the package containing the charcoal has affixed…
- § 108655 The warning label required pursuant to Section 108650 shall be the same as the following: WARNING: Do Not Use for Indoor Heating or Cooking Unless Ventilation…
- § 108660 For bags of charcoal, the warning label specified in Section 108655 shall appear within a heavy borderline in a color sharply contrasting to that of the…
- § 108665 Any violation of any provision of this chapter shall be a misdemeanor.
CHAPTER 6. Poison Prevention Packaging Act §§ 108675–108725 · 11 sections
ARTICLE 1. Definitions and General Provisions §§ 108675–108680 · 2 sections
ARTICLE 2. Regulations §§ 108685–108710 · 6 sections
- § 108685 The department shall, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt regulations…
- § 108690 In establishing a standard under Section 108685, the department shall consider all of the following: (a) The reasonableness of the standard. (b) Available…
- § 108695 To the extent that the requirements of this chapter are identical with the federal act, all regulations and any amendments to the regulations adopted pursuant…
- § 108700 Any federal regulation adopted by the department pursuant to this chapter shall take effect in this state 30 days after it becomes effective as a federal…
- § 108705 If substantial objections are made to a federal regulation within 30 days prior to its becoming effective in this state or to a proposed regulation within 30…
- § 108710 Nothing in this chapter shall authorize the department to prescribe specific packaging designs, product content, or package quantity, except as provided in…
ARTICLE 3. Marketing of Conventional Packages §§ 108715–108725 · 3 sections
- § 108715 For the purposes of making any household substance that is subject to a standard established under Section 108685 readily available to elderly or handicapped…
- § 108720 If a household substance subject to such a standard is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner…
- § 108725 If a household substance subject to such a standard is packaged pursuant to subdivision (b) of Section 108715 in a noncomplying package, and the department…
CHAPTER 7. Children's Poison Prevention Packaging Act §§ 108750–108785 · 8 sections
- § 108750 This chapter shall be known and may be cited as the Children’s Poison Protection Act of 1990.
- § 108755 As used in this chapter: (a) “Household” means any product used under any of the following circumstances: (1) Directly on humans or pets. (2) In, on, or around…
- § 108760 (a) Except as provided in subdivision (b), any toxic household product that contains any substance listed in subdivision (a) of Section 108765, and…
- § 108765 (a) Manufacturers of toxic household products that contain any of the following substances shall comply with Section 108760, unless the manufacturer documents…
- § 108770 (a) It is unlawful for any person to distribute or sell a toxic household product or cause a toxic household product to be distributed or sold in this state if…
- § 108775 (a) Any person may bring a civil action in a court of competent jurisdiction to enforce the requirements of this chapter. The court may grant injunctive relief…
- § 108780 Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for each day of…
- § 108785 All civil penalties collected pursuant to Section 108780 shall be deposited in the Children’s Poison Protection Act of 1990 Fund, that is hereby created in the…
CHAPTER 8. Label Requirements §§ 108800–108825 · 6 sections
- § 108800 Cautionary statements that are required by law, or regulations adopted pursuant to law, to be printed upon the labels of containers in which dangerous drugs,…
- § 108805 Unless a specific color is prescribed, the cautionary statements may be printed in any color, but preferably red, upon a plain and distinctly contrasting…
- § 108810 The words “safe,” “safely,” “safety,” or words having the same meaning that would detract from the value of the cautionary statement shall not be used upon the…
- § 108815 Nothing in this chapter shall apply to products produced by a laboratory licensed under Section 351 of Title III of the Public Health Service Act (Public Law…
- § 108820 Any violation of this chapter is a misdemeanor.
- § 108825 This chapter shall become operative January 1, 1960.
CHAPTER 9. Control of Lead Release From Tableware §§ 108850–108915 · 13 sections
ARTICLE 1. Definitions §§ 108850–108855 · 2 sections
- § 108850 The Legislature finds and declares all of the following: (a) The program maintained by the United States Food and Drug Administration to regulate the amount of…
- § 108855 For purposes of this chapter the following definitions shall apply: (a) “Director” means the Director of Health Services. (b) “Department” means the State…
ARTICLE 2. Standards §§ 108860–108870 · 2 sections
- § 108860 It is unlawful to manufacture, process, import, sell, deliver, hold for sale, supply, or offer for sale in this state any tableware that releases a level of…
- § 108870 (a) Except as provided in subdivisions (c) and (d), each piece of tableware sold, or offered for sale, in this state shall be permanently and indelibly marked…
ARTICLE 3. Enforcement §§ 108875–108915 · 9 sections
- § 108875 The department is responsible for the administration and enforcement of this chapter. The department, upon request, shall report to the Legislature concerning…
- § 108880 (a) For fiscal years 1991–92 and 1992–93, the department shall levy a fee of five hundred dollars ($500) for each manufacturer, importer, and distributor of…
- § 108885 The department and a health officer, as defined in Section 111015, may enter into an agreement designating the local health department of a city, county, city…
- § 108890 (a) For the purposes of enforcing this chapter, any authorized agent of the department may, upon presenting credentials showing that he or she is an authorized…
- § 108895 The department may publish or publicly distribute any information regarding tableware, including results of tests and investigations, after assuring the…
- § 108900 (a) The department may impose a civil penalty payable to the department upon any person who violates this chapter or any regulation adopted pursuant to this…
- § 108905 (a) Whenever an authorized agent of the department finds, or has probable cause to believe, that any tableware has the potential to release amounts of lead or…
- § 108910 Any tableware that violates this chapter shall also be governed by the procedures set forth in Sections 111875, 111880, 111885, 111895, 111900, 111910, and…
- § 108915 This chapter shall become operative on July 1, 1991.
CHAPTER 10. Polybrominated Diphenyl Ethers §§ 108920–108923 · 4 sections
- § 108920 The Legislature finds and declares all of the following: (a) Chemicals known as brominated flame retardants (BFRs) are widely used in California. To meet…
- § 108921 For purposes of this chapter, the following definitions apply: (a) “OctaBDE” means octabrominated diphenyl ether or any technical mixture in which…
- § 108922 On and after June 1, 2006, a person may not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more…
- § 108923 On or before March 1, 2004, the Senate Office of Research shall submit to the President pro Tempore of the Senate and the Senate Environmental Quality…
CHAPTER 10.5. Sodium Nitrite § 108930 · 1 section
- § 108930 (a) On or after July 1, 2024, it is unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age. (b) It is…
CHAPTER 10.6. Sodium Nitrite—Labeling § 108931 · 1 section
- § 108931 (a) No person or entity shall sell or offer for sale in the state sodium nitrite at a purity level that exceeds 10 percent without the following: (1) A clear…
CHAPTER 11. Phthalates in Products for Young Children §§ 108935–108939 · 3 sections
- § 108935 For the purposes of this chapter, the following terms have the following meanings: (a) “Toy” means all products designed or intended by the manufacturer to be…
- § 108937 (a) Commencing January 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that contains…
- § 108939 (a) Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this chapter. (b) Manufacturers shall not replace…
CHAPTER 12. Bisphenol §§ 108940–108942 · 3 sections
- § 108940 (a) On and after January 1, 2026, no person shall manufacture, sell, or distribute in commerce any juvenile’s feeding product or juvenile’s sucking or teething…
- § 108941 (a) Manufacturers shall use the least toxic alternative when replacing any form of bisphenol in a juvenile’s feeding product or juvenile’s sucking or teething…
- § 108942 For purposes of this chapter, the following terms have the following meanings: (a) “Bisphenol” means a chemical with two phenol rings connected by a single…
CHAPTER 12.5. Juvenile Products §§ 108945–108947 · 3 sections
- § 108945 For purposes of this chapter, the following definitions apply: (a) “Adult mattress” means a mattress other than a crib mattress or toddler mattress. (b)…
- § 108946 On and after July 1, 2023, a person, including, but not limited to, a manufacturer, shall not sell or distribute in commerce in this state any new, not…
- § 108947 A manufacturer shall use the least toxic alternative when replacing PFAS chemicals in a juvenile product in accordance with this chapter.
CHAPTER 13. Cleaning Product Right to Know Act of 2017 §§ 108950–108960 · 9 sections
- § 108950 (a) It is the intent of the Legislature to provide consumers and workers with ingredient information about designated products that encourages informed…
- § 108952 For purposes of this chapter, the following definitions shall apply: (a) “Air care product” means a chemically formulated consumer product labeled to indicate…
- § 108954 (a) A manufacturer of a designated product sold in the state shall disclose on the product label the information specified by either paragraph (1) or (2): (1)…
- § 108954.5 (a) The manufacturer of a designated product sold in the state shall post on its Internet Web site, in an electronically readable format, the following…
- § 108955 (a) To protect confidential business information, this chapter shall not be construed to require a manufacturer to disclose the weight or amount of an…
- § 108955.5 An intentionally added ingredient, fragrance ingredient, or nonfunctional constituent listed or posted pursuant to this chapter, other than an ingredient for…
- § 108956 (a) The online disclosure requirements described in Section 108954.5 shall apply to a designated product sold in the state on or after January 1, 2020. (b) The…
- § 108958 A designated product shall not be sold in the state unless the designated product and the manufacturer of the designated product comply with this chapter.
- § 108960 Nothing in this chapter shall be construed to restrict the authority of the Department of Toxic Substances Control to take action on any cleaning product…
CHAPTER 13.5. Textile Articles §§ 108970–108971 · 2 sections
- § 108970 For purposes of this article, the following terms have the following definitions: (a) “Apparel” means any of the following: (1) Clothing items intended for…
- § 108971 (a) (1) Except as provided in paragraph (2), commencing January 1, 2025, no person shall manufacture, distribute, sell, or offer for sale in the state any new,…
CHAPTER 14. Cosmetic Safety §§ 108980–108982 · 4 sections
- § 108980 (a) Commencing January 1, 2025, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains…
- § 108981 The Legislature finds and declares all of the following: (a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as “PFAS,” are highly…
- § 108981.5 Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains…
- § 108982 For purposes of this chapter, the following terms have the following definitions: (a) “Cosmetic product” means an article for retail sale or professional use…
CHAPTER 14.5. Hair Relaxers §§ 108985–108985.7 · 8 sections
- § 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…
- § 108985.1 On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.
- § 108985.2 (a) (1) On or before January 1, 2028, the department shall identify and publish on its internet website appropriate third-party accreditations for laboratories…
- § 108985.3 Hair relaxer products are subject to the prohibition against manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product…
- § 108985.4 (a) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate…
- § 108985.5 (a) The department shall issue a notice of violation to a person or entity if either of the following occurs: (1) The department’s testing of a hair relaxer…
- § 108985.6 (a) A violation of Chapter 14 (commencing with Section 108980) for the unlawful manufacturing, selling, delivering, holding, or offering for sale in commerce…
- § 108985.7 (a) (1) The Combating Unsafe ReLaxers (C.U.R.L.) Act Fund is hereby created in the State Treasury. (2) Moneys from penalties collected pursuant to Section…
CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware §§ 109000–109014 · 6 sections
ARTICLE 1. Plant-Based Food Packaging Containing PFAS § 109000 · 1 section
- § 109000 (a) For purposes of this article, the following terms have the following definitions: (1) “Food packaging” means a nondurable package, packaging component, or…
ARTICLE 2. Chemical Disclosures for Cookware §§ 109010–109014 · 5 sections
- § 109010 For purposes of this article, the following terms have the following definitions: (a) “Cookware” means durable houseware items that are used in homes and…
- § 109011 (a) Commencing on January 1, 2024, a manufacturer of cookware sold in the state that contains one or more intentionally added chemicals present on the…
- § 109012 Commencing on January 1, 2023, a manufacturer of cookware sold in the state that contains one or more intentionally added chemicals present on the designated…
- § 109013 Commencing on January 1, 2023, on the internet website for the cookware, and on January 1, 2024, on the cookware package, a manufacturer shall not make a claim…
- § 109014 Cookware that contains one or more intentionally added chemicals present on the designated list in the handle of the product or in any product surface that…
CHAPTER 16. Mercury-Containing Lighting §§ 109020–109022 · 3 sections
- § 109020 For purposes of this chapter, the following definitions apply: (a) “Compact fluorescent lamp” means a compact low-pressure, mercury-containing,…
- § 109021 (a) On and after January 1, 2024, a screw or bayonet base type compact fluorescent lamp shall not be offered for final sale, sold at final sale, or distributed…
- § 109022 This chapter does not apply to the following: (a) A lamp used for image capture and projection, including photocopying, printing, directly or in preprocessing,…
CHAPTER 17. Food Safety § 109025 · 1 section
- § 109025 (a) Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale, in commerce a food product for…
CHAPTER 18. Chemicals in Medical Devices §§ 109050–109052 · 3 sections
- § 109050 The Legislature finds and declares all of the following: (a) Di(2-ethylhexyl) phthalate (DEHP) and other ortho-phthalates are toxic chemicals and can have…
- § 109051 For purposes of this chapter, the following terms have the following definitions: (a) “DEHP” means Di(2-ethylhexyl) phthalate. (b) “Intentionally added DEHP”…
- § 109052 (a) Commencing January 1, 2030, a person or entity shall not manufacture, sell, or distribute into commerce in the State of California intravenous solution…