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California - SB 392 (Chemical Safety and Labeling Requirements)  

Issue: Manufacturer labeling requirements of chemicals and products  

Affects:  Pool and spa product/chemical manufacturers

Send comments to: Jennifer Hatfield, jhatfield@phta.org  

Summary:  This bill pertains to California’s Green Chemistry program initiative to require the Department of Toxic Substances Control to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being chemicals of concern.

This bill would authorize the department to issue a formal request for information from product manufacturers and would require a product manufacturer to provide to the department data and information on the ingredients and use of a consumer product upon the department’s request within a specified timeframe, including, among other specified data and information, information on ingredient chemical identity, concentration, and functional use.

The bill would require a product manufacturer, if the product manufacturer certifies in writing that it does not have access to information requested, in whole or in part, and has attempted to, but cannot, obtain that information from the supplier or chemical manufacturer, as defined, to provide the identity and contact information of the supplier or chemical manufacturer to the department.

The bill would authorize the department to issue an independent information request to the supplier or chemical manufacturer for the unknown information that the product manufacturer certifies it does not have access to and for the identity and contact information of other suppliers or chemical manufacturers, as necessary to access the information requested. The bill would require the chemical manufacturer or supplier to provide that information to the department.

The bill would impose, except as provided, a civil penalty of no more than $50,000 on a person who violates any of these provisions for each separate violation or, for continuing violations, for each day that violation continues, and would require that any penalties collected be deposited in the Toxic Substances Control Account. Because a violation of these requirements would also be a crime, the bill would impose a state-mandated local program.

As outlined in this bill ‘Chemical manufacturer’ means a person who manufactures a chemical or chemical ingredient that is used in a consumer product.  ‘Product manufacturer’ means a person who manufactures a consumer product or a person who controls the manufacturing process for, or specifies the use of a chemical to be included in, a consumer product.

Status: This bill passed the Senate 5/23/19 and has been referred to the Assembly Committee on Appropriations.

Bill (7/03/19 version): http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB392