Amended by Stats. 2022, Ch. 701, Sec. 1. (SB 502) Effective January 1, 2023.
For purposes of this article, the following definitions apply:
pursuant to subdivision (b) of Section 71017 of the Public Resources Code.
California Health and Safety Code — §§ 25251-25257.2
Amended by Stats. 2022, Ch. 701, Sec. 1. (SB 502) Effective January 1, 2023.
For purposes of this article, the following definitions apply:
pursuant to subdivision (b) of Section 71017 of the Public Resources Code.
Amended by Stats. 2022, Ch. 701, Sec. 2. (SB 502) Effective January 1, 2023.
following considerations:
shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the state’s economy.
Added by Stats. 2008, Ch. 559, Sec. 2. Effective January 1, 2009.
information collected by the department in preparation for adopting the regulations, and shall address, but is not limited to, the impacts associated with all the following:
notice from the department that it intends to adopt regulations. If the council determines that the proposed regulations will cause a significant adverse impact on the public health or the environment, or that alternatives exist that would be less adverse, the council shall recommend alternative measures that the department or other state agencies may take to reduce the adverse impact on public health or the environment. The council shall make all information relating to its review available to the public.
public health or the environment.
Amended by Stats. 2022, Ch. 701, Sec. 3. (SB 502) Effective January 1, 2023.
regulations adopted pursuant to this section shall establish a process that includes an evaluation of the availability of potential alternatives and potential hazards posed by those alternatives, as well as an evaluation of critical exposure pathways. This process shall include life cycle assessment tools that take into consideration, but shall not be limited to, all of the following:
emissions.
that the department may take following the completion of the alternatives analysis, including, but not limited to, any of the following actions:
tools available are in a form that allows for ease of use and transparency of application. The department shall also make every feasible effort to devise simplified and accessible tools that consumer product manufacturers, consumer product distributors, product retailers, and consumers can use to make consumer product manufacturing, sales, and purchase decisions.
Section 69506 of Title 22 of the California Code of Regulations, as that section may be amended, that product manufacturers would be required to address as part of the regulatory response. If the department determines that a study or evaluation upon which it is relying pursuant to this subdivision does not address one or more relevant factors, the department may augment the study or evaluation with additional information that addresses the relevant factors as part of the proposal to rely on the studies or evaluations.
including whether the department plans to proceed to regulatory responses. If regulatory responses are planned, the summary shall not be judicially reviewable until regulatory responses are finalized.
Added by Stats. 2016, Ch. 340, Sec. 23. (SB 839) Effective September 13, 2016.
The department shall revise its 2015–17 Priority Product Work Plan to include lead acid batteries for consideration and evaluation as a potential priority product.
Added by Stats. 2022, Ch. 701, Sec. 4. (SB 502) Effective January 1, 2023.
The Legislature hereby declares that it is the policy goal of the state to ensure the safety of consumer products sold in California through timely administrative and legislative action on consumer products and chemicals of concern in those products, particularly those products that may have disproportionate impacts on sensitive populations.
Added by Stats. 2022, Ch. 701, Sec. 5. (SB 502) Effective January 1, 2023.
(A) Information on ingredient chemical identity, concentration, and functional use.
(B) Existing
information, if any, related to the use of the products by children, pregnant women, or other sensitive populations.
(C) Data on state product sales, or national product sales in the absence of state product sales data.
of subparagraph (A), the product manufacturer shall be considered to be in compliance with the requirement to provide the data and information specified in paragraph (1), with respect to the information that the product manufacturer has attempted to obtain from the supplier or chemical manufacturer, and shall be absolved of liability for violating this section as it pertains to the provision of that information.
(1). Upon the department’s request, a supplier or chemical manufacturer shall provide the information requested pursuant to this subparagraph to the department. The supplier or chemical manufacturer shall be considered to be in violation of this section, and is liable for civil penalties pursuant to subdivision (b), to the extent that it fails to comply with an information request, pursuant to subparagraph (A) or (B), in its entirety.
unless the department concludes additional time is necessary for the entity to obtain the necessary information. If the department determines that a longer time is required, it shall identify the deadline for response, which shall not exceed 120 days. If the entity is in communication with the department and is working in good faith to fulfill the department’s request, the department may exceed 120 days by granting additional time in an amount not to exceed 60 days.
exceed fifty thousand dollars ($50,000) for each separate violation or, for continuing violations, for each day that violation continues. Liability under this section may be imposed in a civil action or may be imposed administratively.
liability for a civil penalty pursuant to paragraph (1) for a violation of this section resulting from another party’s failure to comply with an independent information request issued by the department pursuant to subparagraph (C) of paragraph (2) of subdivision (a).
Added by Stats. 2022, Ch. 701, Sec. 6. (SB 502) Effective January 1, 2023.
Subject to an appropriation by the Legislature for purposes of this section, the department shall include in each Priority Product Work Plan, commencing with the 2024–26 Priority Product Work Plan, in addition to any other information that the department is required to include pursuant to Section 69503.4 of Title 22 of the California Code of Regulations, or any successor regulation, a brief description of all of the following information:
are contained in consumer products within each product category or subcategory.
(A) The collection of information described in subdivision (b).
(B) All actions required pursuant to this article for a consumer product that contains a chemical of concern, including, but not limited to, the listing of that product as a priority product, the completion of an alternatives analysis for the product, and the finalization of regulatory response determinations.
plasticizers, in order to avoid the substitution of one chemical with another chemical on the candidate chemical list.
Added by Stats. 2008, Ch. 559, Sec. 4. Effective January 1, 2009.
Added by Stats. 2008, Ch. 559, Sec. 5. Effective January 1, 2009.
The panel may take any of the following actions:
department in developing green chemistry and chemicals policy recommendations and implementation strategies and details, and ensure these recommendations are based on a strong scientific foundation.
Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.
The department shall establish the Toxics Information Clearinghouse, which shall provide a decentralized, Web-based system for the collection, maintenance, and distribution of specific chemical hazard trait and environmental and toxicological end-point data. The department shall make the clearinghouse accessible to the public through a single Internet Web portal, and, shall, to the maximum extent possible, operate the clearinghouse at the least possible cost to the state.
Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.
On or before January 1, 2011, the office shall evaluate and specify the hazard traits and environmental and toxicological end-points and any other relevant data that are to be included in the clearinghouse. The office shall conduct this evaluation in consultation with the department and all appropriate state agencies, after one or more public workshops, and an opportunity for all interested parties to comment. The office may seek information from other states, the federal government, and other nations in implementing this section.
Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.
capable of displaying updated information as new data becomes available.
Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.
The department shall consult with other states, the federal government, and other nations to identify available data related to hazard traits and environmental and toxicological end-points, and to facilitate the development of regional, national, and international data sharing arrangements to be included in the clearinghouse.
Amended by Stats. 2021, Ch. 615, Sec. 251. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
does not prohibit the exchange of a properly designated trade secret between public agencies, if the trade secret is relevant and necessary to the exercise of the agency’s jurisdiction and the public agency exchanging the trade secrets complies with this section. An employee of the department that has access to a properly designated trade secret shall maintain the confidentiality of that trade secret by complying with this section.
trade secret, the department shall immediately notify the person who submitted the information. Based on the request, the department shall determine whether or not the information claimed to be a trade secret is to be released to the public.
30-day period, the person who submitted the information obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection under this section or for a preliminary injunction prohibiting disclosure of the information to the public and promptly notifies the department of that action.
Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.
to pending regulation consistent with the purposes of this article.
Amended by Stats. 2017, Ch. 561, Sec. 115. (AB 1516) Effective January 1, 2018.
specific ventilation practices and equipment.
of Division 3 of the Business and Professions Code, and all applicable regulations enforced by the State Board of Barbering and Cosmetology.
following: