August 23, 2004

California's Assembly Bill 2012 Passes the Senate Appropriations Committee

California's Assembly Bill 2012 may change the way you do business in that state - if you make or sell cosmetics.

On August 12, Assembly Bill 2012 passed the Senate Appropriations Committee on a 7-3 vote.

Quoting AB 2012 Legislative Counsel's Digest:

"This bill on or after January 1, 2006, would require the manufacturer of any cosmetic or personal care product subject to regulation by the United States Food and Drug Administration and manufactured, processed, or distributed in commerce in the state to notify the Office of Environmental Health Hazard Assessment of any ingredient contained in its product that is a chemical identified as causing cancer or reproductive toxicity. If a product ingredient that is a chemical identified as causing cancer or reproductive toxicity is subsequently (1) removed from the product in which it was contained, (2) removed from the list of chemicals known to cause cancer or reproductive toxicity published by the Governor, or (3) is no longer a chemical identified as causing cancer or reproductive toxicity by an authoritative body, the bill would require the manufacturer of the product containing the ingredient to submit the new information to the office. Upon receipt of new information, the bill would require the office, after verifying the accuracy of that information, to revise the manufacturer's information on record with the office to reflect the new information. The bill would authorize the office to report to the Legislature an assessment of the level of these chemicals in cosmetic and personal care consumer products in the stream of commerce in California. The bill would permit the office to accept and expend private or federal funds for this purpose, thereby making an appropriation."

For the purposes of this bill, "Office" means the Office of Environmental Health Hazard Assessment in the California Environmental Protection Agency.

And "Chemical identified as causing cancer or reproductive toxicity" means a chemical identified pursuant to Proposition 65 or identified by an authoritative body as any of the following:

(1) A substance listed as known or reasonably anticipated to be a human carcinogen in a National toxicology Report on carcinogens. http://ntp-server.niehs.nih.gov/NewHomeRoc/AboutRoC.html

(2) A substance given an overall carcinogenicity evaluation of Group 1, Group 2A, or Group 2B by the International Agency for Research on Cancer. http://www.iarc.fr/

(3) A substance identified as a Group A, B1, or B2 carcinogen, or as a known or likely carcinogen by the United States Environmental Protection Agency. http://www.epa.gov/

(4) A substance identified as having some or clear evidence of adverse developmental, male reproductive, or female reproductive toxicity effects in a report by an expert panel of the National Toxicology Program's Center for the Evaluation of Risks to Human Reproduction. http://cerhr.niehs.nih.gov/

Assembly Bill 2012, as amended on August 17, 2004, is available online at:
http://www.leginfo.ca.gov/pub/bill/asm/ab_2001-2050/ab_2012_bill_20040817_amended_sen.html
http://www.leginfo.ca.gov/pub/bill/asm/ab_2001-2050/ab_2012_bill_20040817_amended_sen.pdf

For additional background and perspective:

Assembly Bill 201 History:
http://www.leginfo.ca.gov/pub/bill/asm/ab_2001-2050/ab_2012_bill_20040817_history.html

Assembly Bill 201 Status:
http://www.leginfo.ca.gov/pub/bill/asm/ab_2001-2050/ab_2012_bill_20040819_status.html

Office of Senate Floor Analyses:
http://www.leginfo.ca.gov/pub/bill/asm/ab_2001-2050/ab_2012_cfa_20040816_125738_sen_floor.html


Source: Convergent Cosmetics, Inc.

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