Health and Safety Code — Part 6 | HSC — United States — California law | Esheria

Health and Safety Code

Part 6 of 87 · provisions 1,001–1,200

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 108155.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “highly toxic” by reference to specified animal test results and dosage or exposure thresholds.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 10 or more laboratory white rats each weighing between 200 and 300 grams, at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered. (b) Produces death within 14 days in half or more than half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of 200 parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided the concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner. (c) Produces death within 14 days in half or more than half of a group of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  2. 108160.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If the department finds human data for a substance differ from animal results, the human data controls.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 or concentrations stated in Section 108155, the human data shall take precedence. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  3. 108165.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    “Corrosive” is defined as a substance that destroys living tissue by chemical action, but not as action on inanimate surfaces.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 inanimate surfaces. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  4. 108170.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    “Irritant” is defined as a substance that is not corrosive and that causes a local inflammatory reaction on immediate, prolonged, or repeated contact with normal living tissue.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108170. “Irritant” means any substance not corrosive within the meaning of Section 108165 that on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  5. 108175.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “strong sensitizer” and says the department may designate a substance as one only after considering the frequency and severity of reactions and finding significant potential for causing hypersensitivity.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108175. “Strong sensitizer” means a substance that will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity that becomes evident on reapplication of the same substance and that is designated by the department. Before designating any substance as a strong sensitizer, the department, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  6. 108180.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines when a substance is “extremely flammable,” “flammable,” or “combustible” based on its flashpoint, with a special rule for solids and self-pressurized containers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 tester, the term “flammable” or “combustible” shall apply to any substance that has a flashpoint of above 20 degrees to and including 80 degrees Fahrenheit, as determined by the Tagliabue open-cup tester, and the term “combustible” shall apply to any substance that has a flashpoint above 80 degrees Fahrenheit to and including 150 degrees, as determined by the Tagliabue open-cup tester; except that the flammability or combustibility of solids and of the contents of self-pressurized containers shall be determined by methods found by the department to be generally applicable to the materials or containers, respectively, and established by regulations issued by it, which regulations shall also define the terms “flammable” and “combustible” and “extremely flammable” in accord with those methods. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  7. 108185.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    “Radioactive substance” means a substance that emits ionizing radiation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108185. “Radioactive substance” means a substance that emits ionizing radiation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  8. 108190.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “label” and says required label information must also appear on the outside container or wrapper, if any, and on all accompanying literature when directions for use are provided.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of the matter directly upon the article involved, or upon a tag or other suitable material affixed thereto, and a requirement made by, or pursuant to, this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears (a) on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and (b) on all accompanying literature where there are directions for use, written or otherwise. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  9. 108195.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    For this section, an “immediate container” does not include package liners.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108195. The term “immediate container” does not include package liners. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  10. 108200.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines when a hazardous substance is “misbranded,” mainly based on packaging or labeling violations and missing required label information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 substance, or that bears or contains a hazardous substance in the manner as to be susceptible of access by a child to whom the toy or other article is entrusted) intended, or packaged in a form suitable for use in the household or by children if the packaging or labeling of the substance is in violation of an applicable regulation issued pursuant to Section 108685 or 108700, or if the substance, except as otherwise provided by, or pursuant to, Section 108320, 108355, or 108360, fails to bear a label that states conspicuously, as prescribed in Chapter 8 (commencing with Section 108800): (1) the name and place of business of the manufacturer, packer, distributor, or seller; (2) the common or usual name or the chemical name, if there be no common or usual name, of the hazardous substance or of each component that contributes substantially to its hazard, unless the department by regulation permits or requires the use of a recognized generic name; (3) the signal word “DANGER” on substances that are extremely flammable, corrosive, or highly toxic; (4) the signal word “WARNING” or “CAUTION” on all other hazardous substances; (5) an affirmative statement of the principal hazard or hazards, such as “Flammable,” “Combustible,” “Vapor harmful,” “Causes burns,” “Absorbed through skin,” or similar wording descriptive of the hazard; (6) precautionary measures describing the action to be followed or avoided, except when modified by the department pursuant to Section 108320, 108325, 108330, 108355, or 108360; (7) instructions, when necessary or appropriate, for first aid treatment; (8) the word “Poison” for any hazardous substance that is defined as “highly toxic” by Section 108155; (9) instructions for handling and storage of packages that require special care in handling or storage; and (10) the statement “Keep out of the reach of children,” or its practical equivalent, or if the article is intended for use by children and is not a banned hazardous substance, adequate direction for the protection of children from the hazard. The term “misbranded hazardous substance” also includes a household substance as defined in subdivision (b) of Section 108680 if it is a substance described in Section 108125 and its packaging or labeling is in violation of an applicable regulation issued pursuant to Section 108685 or 108700. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  11. 108205.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “banned hazardous substance.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 contains a hazardous substance in the manner as to be susceptible of access by a child to whom the toy or other article is entrusted. (b) Any hazardous substance intended or packaged in a form suitable, for use in the household, that the department by regulation classifies as a “banned hazardous substance” on the basis of a finding that, notwithstanding the cautionary labeling as is or may be required under this chapter for that substance, the degree or nature of the hazard involved in the presence or use of that substance in households is that the objective of the protection of the public health and safety can be adequately served only by keeping that substance, when so intended or packaged, out of the channels of intrastate commerce. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  12. 108210.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section says when an article may be determined to present electrical, mechanical, or thermal hazards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 manufacture may cause personal injury or illness by electric shock. (b) An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness from any of the following: (1) Fracture, fragmentation, or disassembly of the article. (2) Propulsion of the article or any part or accessory thereof. (3) Points or other protrusions, surfaces, edges, openings, or closures. (4) Moving parts. (5) Lack or insufficiency of controls to reduce or stop motion. (6) As a result of self-adhering characteristics of the article. (7) Because the article, or any part or accessory thereof, may be aspirated or ingested. (8) Because of instability. (9) Because of any other aspect of the article’s design or manufacture. (c) An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  13. 108215.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must exempt certain hazardous articles and fireworks from Section 108205(a) when the stated labeling and safety conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical, or thermal hazard and that bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected to read and heed the directions and warnings and (2) fireworks subject to control under Part 2 (commencing with Section 12500) of Division 11. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  14. 108220.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may publish a notice if it finds an imminent public-health hazard involving a hazardous substance for household use.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 prescribed in Section 108335. If the department, however, finds that the distribution for household use of the hazardous substance involved presents an imminent hazard to the public health, it may by order publish a notice of the findings, and thereupon the substance when intended or offered for household use or when so packaged as to be suitable for that use shall be deemed to be a “banned hazardous substance” pending the completion of proceedings relating to the issuance of the regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  15. 108225.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A substance or article is not treated as violating this chapter, except Article 6, if it complies with federal law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 (commencing with Section 108500), if the substance or article complies with federal law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  16. 108230.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Articles For Children [108230 - 108235] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must make by regulation any determination that a children’s toy or other children’s article presents an electrical, mechanical, or thermal hazard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Articles For Children [108230 - 108235] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 by regulation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  17. 108235.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Articles For Children [108230 - 108235] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department finds and gives regulatory notice that a toy or other article presents an imminent public health hazard, the item is treated as a banned hazardous substance until the proceeding ends.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Articles For Children [108230 - 108235] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 hazard, distribution of the toy or other article involved presents an imminent hazard to the public health and the department by regulation gives notice of the finding, the toy or other article shall be deemed to be a banned hazardous substance for purposes of this chapter until the proceeding has been completed. If not yet initiated when the regulation is adopted, a proceeding shall be initiated as promptly as possible. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  18. 108240.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The listed activities involving a package of a misbranded or banned hazardous substance are prohibited in California.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108240. The manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the introduction into this state from any other state, territory, or the District of Columbia, or from any foreign country, of any package of a misbranded hazardous substance or banned hazardous substance is prohibited. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  19. 108245.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not import, sell, offer for sale, keep for sale, or otherwise handle misbranded or banned hazardous substances in California, and violating this section is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 delivers for pay or otherwise or offers to deliver to any other person, any misbranded hazardous substance or banned hazardous substance or any person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale in the State of California any misbranded hazardous substance or banned hazardous substance, shall be guilty of a misdemeanor punishable as provided in Section 108295. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  20. 108250.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Packing, selling, offering for sale, or keeping for sale a hazardous substance in certain reused or identifiable food, drug, or cosmetic containers is unlawful.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification, is unlawful. Such an act shall result in the hazardous substance being in a misbranded package. As used in this section, the terms “cosmetic,” “drug” and “food” shall have the same meaning as in Chapter 1 (commencing with Section 109875) of Part 5. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  21. 108255.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may make regulations banning certain hazardous-substance containers if they can be mistaken for food, drug, or cosmetic containers and their closures are easy to open and create a health hazard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 food, drug, or cosmetic container and has a closure that presents a health hazard due to ease of opening. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  22. 108260.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    It is unlawful to alter, mutilate, destroy, obliterate, or remove labeling on a hazardous substance, or otherwise act on it, if that makes the article a misbranded or banned hazardous substance.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 hazardous substance is unlawful if the act results in the article being a misbranded hazardous substance or banned hazardous substance. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  23. 108265.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    It is unlawful to refuse entry or inspection authorized by Section 108370, or to refuse access to and copying of records authorized by Section 108300.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 Section 108300. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  24. 108270.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person is not to be prosecuted under this chapter if they can show a qualifying guarantee or undertaking after receiving a hazardous substance in good faith.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 containing the name and address of, the person residing in the United States from whom he or she received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of these terms, as defined by this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  25. 108275.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A guarantee that the article is not misbranded or banned under the Federal Hazardous Substances Act is treated as sufficient for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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, 74 Stat. 372), it shall be sufficient for all the purposes of this chapter and have the same force and effect as though it referred to this chapter whether given by a person residing in the United States or elsewhere. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  26. 108280.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A false guarantee under Section 108270 is prohibited, unless the person relied in good faith on a matching guarantee signed by the U.S. supplier.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 by, and containing the name and address of, the person residing in the United States from whom he or she received in good faith the hazardous substance. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  27. 108285.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person cannot be prosecuted under this chapter for hazardous substances shipped for export to a foreign country if the shipment is properly marked and labeled, unless the substance is sold or offered for sale in domestic commerce.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 package marked for export on the outside of the shipping container and labeled in accordance with the specifications of the foreign purchaser and in accordance with the laws of the foreign country, but if the hazardous substance is sold or offered for sale in domestic commerce, this section shall not apply. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  28. 108290.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not use or disclose protected trade-secret process information obtained under this chapter, except to the department, its agents, or the courts when relevant in a judicial proceeding under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 any judicial proceeding under this chapter, of any information acquired under authority of this chapter concerning any method of process that as a trade secret is entitled to protection is prohibited. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  29. 108295.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who violates this chapter commits a misdemeanor and can be fined, jailed, or both.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 fifty dollars ($50) or more than one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment. If the violation is committed with intent to defraud or mislead, or after a conviction of the person under this section has become final, the person shall be subject to imprisonment for not more than one year in the county jail, or a fine of not more than two thousand dollars ($2,000), or both the imprisonment and fine. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  30. 108300.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Carriers and people who receive or hold hazardous substances must let a department agent inspect and copy certain records when asked, at reasonable times.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 agent of the department, permit the agent, at reasonable times, to have access to and to copy all records showing the movement of any hazardous substance, or the holding thereof during or after the movement, and the quantity, shipper, and consignee thereof, provided, that evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained, provided, further, that carriers shall not be subject to this chapter by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers. As used in this section, “carrier” means a person engaged in transporting property from one place to another and who has no other interest in the ownership of the property. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  31. 108305.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Before a violation is reported for a criminal proceeding, the person involved may be given notice and a chance to explain their view.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibitions [108240 - 108305] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 proceeding the person against whom the proceeding is contemplated may be given appropriate notice and an opportunity to present his or her view, either orally or in writing, with regard to each contemplated proceeding. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  32. 108310.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Repurchase [108310 - 108315] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “manufacturer” to include an importer for resale, and treats a wholesale seller as the distributor for that sale.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Repurchase [108310 - 108315] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 at wholesale an article or substance shall, with respect to that sale, be considered the distributor of that article or substance. (Amended by Stats. 2006, Ch. 538, Sec. 422. Effective January 1, 2007.)
  33. 108315.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Repurchase [108310 - 108315] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Manufacturers, distributors, and some dealers must repurchase banned hazardous substances sold under this section and refund or reimburse certain return costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Repurchase [108310 - 108315] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 hazardous substance, whether or not it was at the time of its sale, the article or substance shall, in accordance with regulations of the department, be repurchased as follows: (a) The manufacturer of any such article or substance shall repurchase it from the person to whom he or she sold it, and shall do the following: (1) Refund that person the purchase price paid for the article or substance. (2) If that person has repurchased the article or substance pursuant to subdivision (b) or (c) reimburse him or her for any amounts paid in accordance with subdivision (b) or (c) for the return of the article or substance in connection with its repurchase. (3) If the manufacturer requires the return of the article or substance in connection with his or her repurchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer. (b) The distributor of any article or substance shall repurchase it from the person to whom he or she sold it, and shall do the following: (1) Refund that person the purchase price paid for the article or substance. (2) If that person has repurchased the article or substance pursuant to subdivision (c), reimburse him or her for any amounts paid in accordance with that subdivision for the return of the article or substance in connection with its repurchase. (3) If the distributor requires the return of the article or substance in connection with his or her repurchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor. (c) In the case of any article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to him or her, the dealer shall refund the purchaser the purchase price paid for it and reimburse him or her for any reasonable and necessary transportation charges incurred in its return. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  34. 108320.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may make hazardous-substance regulations when it considers them necessary to enforce and administer this chapter. Breaking those regulations is treated as a violation of the chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108320. The department may adopt regulations regarding hazardous substances as it determines are necessary to adequately enforce and administer this chapter. Any violation of the regulations shall be deemed to be a violation of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  35. 108325.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may, by regulation, declare a substance or mixture to be a hazardous substance for this chapter if it meets Section 108125 and the department thinks doing so will help avoid or resolve uncertainty.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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, the department may by regulation declare to be a hazardous substance, for the purpose of this chapter, any substance or mixture of substances that it finds meet the requirements of Section 108125. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  36. 108330.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt regulation-based label requirements for hazardous substances when existing Section 108200 rules are not enough to protect public health and safety.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 hazard presented by any particular hazardous substance, it may by regulation establish reasonable variations or additional label requirements as it finds necessary for the protection of the public health and safety; and any hazardous substance intended, or packaged in a form suitable, for use in the household or by children, that fails to bear a label in accordance with regulations shall be deemed to be a misbranded hazardous substance. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  37. 108335.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must adopt the regulations using the prescribed procedure and conform them as nearly as practicable to the specified federal regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 of the Government Code. The regulations shall conform as nearly as practicable with regulations promulgated by the United States Department of Health, Education, and Welfare, Food and Drug Administration. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  38. 108340.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Regulations identical to the federal act, and amendments to those regulations in effect or adopted later, are treated as California hazardous substances regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 the federal act that are in effect on the effective date of this section or that are adopted on or after the date are the hazardous substances regulations of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  39. 108345.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A federal regulation adopted under this chapter takes effect in California 30 days after it becomes effective federally. A person likely to be harmed by the regulation may file written objections and ask for a hearing with the state department within the 30 days before the state effective date.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 will be adversely affected by adoption of a federal regulation in this state may, within the 30 days prior to its becoming effective in this state, file with the state department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a regulation that has become effective under the federal act, stays the adoption of the regulation in this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  40. 108350.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    When substantial objections are made, the state department must hold a public hearing, hear interested persons, issue an order, and mail it to objectors; the order must be based on the hearing record.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 days after it is published, the state department, after notice, shall conduct a public hearing to receive evidence on issues raised by the objections. Any interested person or his or her representatives shall be heard. The state department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on evidence contained in the record of the hearing. If the order concerns a federal regulation, the state department may adopt, rescind, or modify it. If the order concerns a proposed regulation, the state department may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least 60 days after publication of the order. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  41. 108355.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may exempt a substance from otherwise applicable labeling requirements when full compliance is impracticable or unnecessary for public health and safety.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the department may exempt the substance from these requirements to the extent it determines to be consistent with adequate protection of the public health and safety. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  42. 108360.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may exempt certain hazardous substance containers from this chapter’s requirements if similar adequate requirements already exist under another legislative law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 finds that adequate requirements satisfying the purposes of this chapter have been established by, or pursuant to, any other law enacted by the Legislature. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  43. 108365.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may appoint agents when it considers them necessary.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108365. The department may appoint agents as it may deem necessary. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  44. 108370.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department or its authorized agent may enter covered facilities and vehicles at reasonable hours to inspect for chapter violations and take samples of hazardous substances.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 substances are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold hazardous substances, in commerce, for either of the following purposes: (a) Inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated. (b) To secure samples or specimens of any hazardous substances. If the agent obtains any sample, prior to leaving the premises, he or she shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If an analysis is made of the sample, a copy of the results of the analysis shall be furnished promptly to the owner, operator, or agent in charge. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  45. 108375.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A department agent who suspects a hazardous substance is misbranded or banned must tag or mark the article and warn against removing or disposing of it unless the department or a court allows it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 fraudulent or is a banned hazardous substance, he or she shall affix to the article a tag or other appropriate marking, giving notice that the article is, or is suspected of being, misbranded and has been detained or quarantined, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the department or the court. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  46. 108380.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department finds, after investigation and examination, that a hazardous substance in someone’s possession is misbranded or banned, it may be seized and quarantined.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108380. Whenever the findings of the department show, after investigation and examination, that any hazardous substance found in the possession of any person is misbranded, or banned, the hazardous substance may be seized and quarantined. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  47. 108385.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A misbranded or banned hazardous substance may be seized or destroyed by court or judge order, or with the owner's written consent if there is no order.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 written consent of the owner thereof, be seized or destroyed. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  48. 108390.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    When certain hazardous substances are detained or quarantined, the department must start a forfeiture-style court proceeding, and the court and clerk must give notice and hold the hearing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108390. When a misbranded hazardous substance or a banned hazardous substance is detained or quarantined under this article, the department shall commence proceedings in the name of the people of the State of California against the article in the superior court of the county or city and county in which the article is detained or quarantined by petitioning the court for a judgment to forfeit, condemn, and destroy the article. Upon the filing of the petition, the clerk of the court shall fix a time and place for the hearing thereof, and cause notices thereof to be prepared notifying all persons who may claim an interest in the article of the time and place of the hearing. A copy of the petition and notice shall be posted for 14 days in at least three public places in the city or city and county where the court is held, and in a conspicuous place where the article is detained or quarantined. A copy of the petition and notice shall also be served upon each person in possession of the article and on each owner or claimant whose name and address is known. The service may be made by personal service or by registered mail by mailing a copy of the notice and petition by registered mail to the last known address of the person. At any time prior to the date of the hearing any person in possession of the article, or owner thereof or claimant thereto, may file an answer that may include a prayer for a judgment of release of the article or relief in accordance with Sections 108400 and 108405. At the time set for the hearing, the court shall commence to hear and determine the proceeding, but may, for good cause shown, continue the hearing to a day certain; provided, the court shall finally determine all the issues presented by the petition. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  49. 108395.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If a court finds a detained or quarantined article is misbranded, the article must be destroyed after the decree, under department supervision, and the claimant must bear the related costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 claimant thereof, under the supervision of the agent of the department. All court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article or his or her agent. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  50. 108400.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If misbranding can be fixed by labeling or processing, the court may order the article delivered to the claimant for that work under department supervision, and the claimant must pay the supervision expense.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 paid and a good and sufficient bond, conditioned that the article shall be so labeled or processed, has been executed, the court may by order direct that the article be delivered to the claimant thereof for the labeling or processing under the supervision of an agent of the department. The expense of the supervision shall be paid by the claimant. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  51. 108405.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The bond must be returned to the claimant when the department tells the court the article is no longer violating the chapter and supervision costs have been paid.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 chapter, and that the expenses of the supervision have been paid. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  52. 108410.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must publish periodic reports about certain judgments, decrees, and court orders, and must disseminate information about hazardous substances when it believes there is imminent danger to health.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 chapter, including the nature of the charge and the disposition thereof. The department shall also cause to be disseminated information regarding hazardous substances in situations involving, in the opinion of the department, imminent danger to health. Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  53. 108415.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may sue in superior court to stop violations of this chapter, and the court may issue temporary or permanent injunctions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this chapter. Any 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. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  54. 108420.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If part of this chapter is found unconstitutional or invalid, the rest of the chapter still remains effective.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Administration [108320 - 108420] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108420. If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  55. 108500.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Art or Craft Materials [108500 - 108515] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An art or craft material is presumed to contain a toxic ingredient if that ingredient is 1% or more by weight, or if the department finds labeling is needed to protect public health and safety.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Art or Craft Materials [108500 - 108515] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 ingredient, whether an intentional ingredient or an impurity, is 1 percent or more by weight of the mixture or product, or if the department determines that the toxic or carcinogenic properties of the art or craft material are such that labeling is necessary for the adequate protection of the public health and safety. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  56. 108505.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Art or Craft Materials [108500 - 108515] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says art or craft materials with toxic chemicals can endanger health and that consumers should be given clearer hazard and ingredient information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Art or Craft Materials [108500 - 108515] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teachers, students at every educational level, hobbyists, and children. Toxic substances may be employed during the course and scope of creating art or craft objects of all varieties. The Legislature additionally finds and declares that present labeling of ingredients and hazards of art or craft material is insufficient to adequately protect the consumers of this state from chronic adverse health effects. Because many persons do not know what toxic chemical substances they work with, proper precautionary actions cannot be taken. Disclosure of toxic ingredients, their possible adverse effects on health, and instructions for safe handling, will substantially minimize unnecessary exposure to excessive risk. Additionally, the Legislature finds and declares that it is consistent to impose upon those who manufacture, repackage, distribute, and sell art or craft material a duty to convey to consumers information about the potential health hazards of the products they manufacture. Therefore, the Legislature intends by this article to ensure that consumers be provided information concerning the nature of the toxic substances with which they are working and the known and suspected health hazards of these substances, and to ensure the uniformity of labeling standards, so that materials with similar hazards also have essentially similar labels. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  57. 108510.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Art or Craft Materials [108500 - 108515] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section prohibits selling or distributing art or craft materials containing chronic toxic substances unless the required warning labels and information are provided.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Art or Craft Materials [108500 - 108515] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 person: (a) Has failed to affix a conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects. (b) Has failed to affix a conspicuous label warning of the health-related dangers of the art or craft material. (1) If the product contains a human carcinogen, the warning shall contain the statement: “CANCER HAZARD! Overexposure may create cancer risk.” (2) If the product contains a potential human carcinogen, and does not contain a human carcinogen, the warning shall contain the statement: “POSSIBLE CANCER HAZARD! Overexposure might create cancer risk.” (3) If the product contains a toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable: (A) May cause sterility or damage to reproductive organs. (B) May cause birth defects or harm to developing fetus. (C) May be excreted in human milk causing harm to nursing infant. (D) May cause central nervous system depression or injury. (E) May cause numbness or weakness in the extremities. (F) Overexposure may cause damage to (specify organ). (G) Heating above (specify degrees) may cause hazardous decomposition products. (4) If a product contains more than one chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement. (c) Has failed to affix on the label a list of ingredients that are toxic substances causing chronic illness. (d) Has failed to affix on the label a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are applicable: (1) Keep out of reach of children. (2) When using, do not eat, drink, or smoke. (3) Wash hands after use and before eating, drinking, or smoking. (4) Keep container tightly closed. (5) Store in well ventilated area. (6) Avoid contact with skin. (7) Wear protective clothing (specify type). (8) Wear NIOSH certified masks for dusts, mists, or fumes. (9) Wear NIOSH certified respirator with appropriate cartridge for (specify type). (10) Wear NIOSH certified supplied-air respirator. (11) Use window exhaust fan to remove vapors and assure adequate ventilation (specify explosion proof if necessary). (12) Use local exhaust hood (specify type). (13) Do not heat above (specify degrees) without adequate ventilation. (14) Do not use or mix with (specify material). (e) Has failed to affix on the label a statement on where to obtain more information, such as “call your local poison control center for more health information.” (f) Has failed to affix on the label the name and address of the manufacturer. (g) If all of the above information cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as “CAUTION: see package insert before use.” For purposes of this section, “package insert” means a display of written, printed, or graphic matter upon a leaflet or suitable material accompanying the art supply. The language on this insert shall be nontechnical and nonpromotional in tone and content. Art or craft material offered for sale in containers that contain less than one fluid ounce (30 milliliters) or one ounce net (29 grams) shall be deemed to comply with this section if there is affixed on the container a precautionary label that includes the words “USE WITH CAUTION: Contains Hazardous Substances.” The requirements set forth in subdivisions (a) to (g), inclusive, shall not be considered to be complied with unless the required words, statements, or other information appear on the outside container or wrapper, or on a package insert that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product. (h) Pursuant to Section 108355, the department may exempt a material from full compliance with this article. In considering this exemption, the department shall take into consideration the potential for reasonably foreseeable misuse of a material by a child. (i) If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with the provisions of this article, unless the department determines that the label on an art or craft material does not satisfy the purposes of this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  58. 108515.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Art or Craft Materials [108500 - 108515] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Manufacturers of art or craft materials sold in this state must give required formulation information to an approved national poison control network.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Art or Craft Materials [108500 - 108515] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 control network approved by the director the formulation information required by that network for dissemination to poison control centers. Failure to file formulation information with an approved poison control network is a violation of this chapter. (b) The requirements set forth in Section 108510 shall not be considered to be complied with unless all required words, statements, or other information accompany art or craft materials from manufacturer to consumer, not excluding any distributor, packager, repackager, or retailer. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  59. 108525.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Heater Warning Labels [108525- 108525.] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    New residential water heaters sold in the state must have a warning label placed near the thermostat.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Water Heater Warning Labels [108525- 108525.] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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: “Warning: Setting of the water heater thermostat in excess of 130 degrees Fahrenheit or 54 degrees centigrade may cause accidental scalding or other injury, particularly to children or elderly persons.” The Legislature does not intend by the enactment of this section to impose any duty on public utilities to affix this warning label or otherwise warn their customers relative to existing water heaters. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  60. 108550.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “toy” for this article as an article designed and made for a child’s amusement or play.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  61. 108555.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People may not make, sell, possess for sale, or offer for sale toys that are contaminated or otherwise fail the listed safety conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 any retailer, any toy that is contaminated with any toxic substance or that is any of the following: (1) Is coated with paints and lacquers containing compounds of lead of which the lead content (calculated as Pb) is in excess of that permitted by federal regulations contained in Part 1303 of Title 16 of the Code of Federal Regulations adopted pursuant to the Consumer Product Safety Act (Title 15 (commencing with Section 2051) of the United States Code) and the lead limit as reduced by Congress in Section 101(f) of the Consumer Product Safety Improvement Act of 2008 (Public Law 110-314), or soluble compounds of antimony, arsenic, cadmium, chromium, mercury, selenium, or barium, as identified in the ASTM International Standard F963-08 “Standard Consumer Safety Specification for Toy Safety” (ASTM F963). (2) Consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance. (3) Has been produced, prepared, packed, shipped, or held under unsanitary or other conditions whereby it may have become contaminated with filth or hazardous materials or otherwise rendered injurious to health. (4) Is stuffed, padded, or lined with materials that are toxic or that would otherwise be hazardous if ingested, inhaled, or contacted. (5) Is a stuffed, padded, or lined toy that is not securely wrapped or packaged. (b) The department and local health officers shall enforce this article. (c) Violation of this section is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) for each violation or by imprisonment in the county jail for a period not exceeding one year, or both. (Amended by Stats. 2010, Ch. 331, Sec. 1. (SB 1365) Effective January 1, 2011.)
  62. 108560.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Toys offered for sale or exchange must have a label showing the U.S. name and place of business of the manufacturer, distributor, or importer, and required information must be provided to the department on request.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 United States. (b) It is unlawful to fail to provide any information required by this section upon the request of the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  63. 108565.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If an authorized department representative or local health officer believes a toy violates the article, they must mark it, give notice, and embargo it. No one may remove the toy unless permission is given, and a local health officer must notify the department within 48 hours after acting under this subsection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 in violation of this article, he or she shall affix to the toy or a component thereof a tag or other appropriate marking, and shall give notice that the toy is suspected of being in violation of this article, that the toy has been embargoed, and that no person shall remove the toy until permission for removal or disposal is given by an authorized agent of the department, the local health officer, or the court. (b) A local health officer shall notify the department within 48 hours of any action taken by the local health officer pursuant to subdivision (a). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  64. 108570.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not knowingly remove, sell, or dispose of a detained or embargoed toy unless permission has been given by an authorized department agent, the local health officer, or the court.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 officer, or the court. Violation of this section is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) for each violation or by imprisonment in the county jail for a period not exceeding one year, or both. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  65. 108575.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An authorized agent of the department or a local health officer may remove an embargoed toy to safekeeping if they find, or reasonably believe, the embargo will be violated.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 may remove the embargoed toy to a place of safekeeping. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  66. 108580.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If a toy is alleged to violate this article, the department or local health officer must start condemnation proceedings in the superior court in the county where the toy is located.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 county the toy is located, for condemnation of the article. (Amended by Stats. 2003, Ch. 449, Sec. 24. Effective January 1, 2004.)
  67. 108585.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not knowingly manufacture, sell, or offer for sale toys that depict torture or resemble torture instruments, bombs, or grenades.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Toy Safety [108550 - 108585] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 for torture, or that specifically resembles a bomb or grenade. (b) This section shall not apply to any model of an aircraft, ship, motor vehicle, railroad engine, car, or rocketship or other spacecraft, or to any part of the model. (c) Violation of this section is a misdemeanor punishable by a fine of not more than six hundred dollars ($600). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  68. 108600.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Beer Dispensing Equipment Safety [108600 - 108610] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “beer dispensing equipment,” “commercial establishment,” and “retail distributor” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Beer Dispensing Equipment Safety [108600 - 108610] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 dispensing beer. (b) “Commercial establishment” means any owner or operator of a business that uses beer dispensing equipment. (c) “Retail distributor” means any person engaged in the manufacture, rental, lease, sale, or distribution of beer dispensing equipment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  69. 108605.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Beer Dispensing Equipment Safety [108600 - 108610] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Beer dispensing equipment with external pressure sources must have a pressure-relief device, and all beer kegs must carry a warning label.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Beer Dispensing Equipment Safety [108600 - 108610] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108605. On or after January 1, 1984, a visually inspectable without disassembly, pressure-relief rupture apparatus or other pressure relief device that performs equivalently shall be required on beer dispensing equipment manufactured, rented, leased, sold, or distributed that uses an external source of pressure, other than hand pumping. This apparatus is not required to be placed directly on the keg itself. On or after January 1, 1984, a warning shall be clearly displayed on or securely attached to all beer kegs. The word “WARNING”, “ATTENTION”, or other suitable wording shall appear in capital letters. The remainder of the warning shall read substantially as follows: “This keg will rupture and may cause injury if overpressured with compressed air or CO 2. Tapping system and pressure regulator should be equipped with a pressure-relief (blowoff) device. If you are not familiar with tapping equipment, consult your retailer or the local beer distributor.” (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  70. 108610.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Beer Dispensing Equipment Safety [108600 - 108610] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A commercial establishment or retail distributor that violates this article can be fined up to $500 for each violation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Beer Dispensing Equipment Safety [108600 - 108610] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 dollars ($500) for each violation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  71. 108625.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Bucket Labeling [108625 - 108640] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Manufacturers, distributors, or sellers of covered industrial containers must make sure each container has the required warning label before shipment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Bucket Labeling [108625 - 108640] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108625. A manufacturer, distributor, or seller of plastic or metal four-gallon to six-gallon, inclusive, straight sided, slightly tapered, open head, industrial containers, as defined by the American Society for Testing and Materials (ASTM), intended for use, sale, distribution, or any other purpose within the state, irrespective of point of origin, shall ensure that each industrial container bears a warning label or labels, that shall be applied prior to release for shipment into the stream of commerce, and shall meet all of the following requirements: (a) The label or labels shall be a permanent paper, plastic, silk screened, or an offset printed label and shall be easily removable only by the use of tools or a solvent. (b) The label or labels shall be either of the following: (1) One label of at least six inches in height, by at least two inches in width, and containing a minimum total area of at least 17 square inches. The label shall be placed on the side of the container near where the handle is inserted. The top half of the label shall be in English and the bottom half of the label shall be in Spanish; or (2) Two labels of at least five inches in height, by two and three-quarters inches in width or any larger size as the labeler may voluntarily choose, and one label shall be placed on each side of the container near where the handle is inserted. The label on one side shall be in Spanish, and the label on the other side shall be in English. (c) The label shall contain on a contrasting background both the word “WARNING” in block print and the words “Children Can Fall Into Bucket and Drown—Keep Children Away From Buckets With Even a Small Amount of Water.” (d) The label shall contain a picture of a child reaching into an industrial container and shall include an encircled slash and a triangle with an exclamation point upon a contrasting field before the word “WARNING”. (Added by renumbering Section 24425 (as amended by Stats. 1995, Ch. 176) by Stats. 1996, Ch. 1023, Sec. 207. Effective September 29, 1996.)
  72. 108630.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Bucket Labeling [108625 - 108640] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person covered by this article’s labeling rules is exempt if its label substantially complies with the article’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Bucket Labeling [108625 - 108640] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 with the requirements of this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  73. 108635.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Bucket Labeling [108625 - 108640] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who violates this article commits a misdemeanor and is subject to Chapter 5 enforcement under the Business and Professions Code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Bucket Labeling [108625 - 108640] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 the Business and Professions Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  74. 108640.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Bucket Labeling [108625 - 108640] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This article became operative on September 1, 1993, stays in effect unless preempted by federal law, and does not apply to industrial containers made before that date.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Bucket Labeling [108625 - 108640] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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, any industrial containers, as defined in Section 108625, manufactured prior to September 1, 1993, shall not be subject to this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  75. 108650.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Charcoal Hazards [108650 - 108665] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not sell or offer for sale charcoal for cooking or food preparation unless the package has a warning label on the outside visible surface.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Charcoal Hazards [108650 - 108665] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 a warning label on the outside visible surface pursuant to Section 108660. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  76. 108655.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Charcoal Hazards [108650 - 108665] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Section 108655 sets the required warning label text for the label required under Section 108650.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Charcoal Hazards [108650 - 108665] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 Is Provided for Exhausting Fumes to _____ Outside. Toxic Fumes May Accumulate and Cause Death. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  77. 108660.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Charcoal Hazards [108650 - 108665] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Bags of charcoal must display the Section 108655 warning label in a specified border, placement, color contrast, and type size.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Charcoal Hazards [108650 - 108665] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 background, on both front and back panels in the upper 25 percent of the panels of the bag at least two inches below the seam, and at least one inch above any reading material or design elements in type size as follows: The signal word “WARNING” shall appear in capital letters at least three-eighths inch in height; the remaining text of the warning shall be printed in letters at least three-sixteenths inch in height. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  78. 108665.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Charcoal Hazards [108650 - 108665] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Breaking any rule in this chapter is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Consumer Products [108525 - 108665] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Charcoal Hazards [108650 - 108665] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108665. Any violation of any provision of this chapter shall be a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  79. 108675.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [108675 - 108680] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This chapter may be cited as the California Poison Prevention Packaging Act.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [108675 - 108680] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108675. This chapter shall be known and may be cited as the “California Poison Prevention Packaging Act.” (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  80. 108680.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [108675 - 108680] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section supplies the definitions and basic construction rules for the chapter, including terms like “Department,” “Household substance,” “Package,” “Special packaging,” “Labeling,” and “Federal act.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [108675 - 108680] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108680. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. As used in this chapter: (a) “Department” means the State Department of Health. (b) “Household substance” means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household and is one of the following: (1) A hazardous substance as that term is defined in Section 108125. (2) A food, drug, or cosmetic, as those terms are defined in Sections 109900, 109925, and 109935, that (A) is toxic, (B) is corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is flammable or combustible, or (F) generates pressure through decomposition, heat, or other means; if it may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children. (3) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a residential dwelling. (c) “Package” means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers. “Package” does not include the following: (1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof. (2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only container or wrapping. (d) “Special packaging” means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time. (e) “Labeling” means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance. (f) “Federal act” means the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.). (Amended by Stats. 2007, Ch. 130, Sec. 170. Effective January 1, 2008.)
  81. 108685.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must adopt regulations for special packaging standards for household substances if the stated federal-consistency and safety findings are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 establishing standards for the special packaging of any household substance in accordance with this chapter if the regulations do not differ in substance or proscribe or require conduct that differs from the federal act or regulations issued pursuant to the federal act and if the department finds as follows: (a) The degree or nature of the hazard to children in the availability of the substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting the substance. (b) The special packaging to be required by the standard is technically feasible, practicable, and appropriate for the substance. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  82. 108690.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    When the department establishes a standard under Section 108685, it must consider listed factors.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108690. In establishing a standard under Section 108685, the department shall consider all of the following: (a) The reasonableness of the standard. (b) Available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances. (c) The manufacturing practices of industries affected by the standard. (d) The nature and use of the household substance. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  83. 108695.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    When this chapter matches the federal act, qualifying federal regulations and amendments become California’s poison prevention packaging regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 to the federal act, that are in effect on January 1, 1978, or that are adopted on or after that date, shall be the poison prevention packaging regulations of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  84. 108700.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A federal regulation adopted under this chapter takes effect in the state 30 days after it becomes effective federally. An adversely affected person may file written objections and request a hearing within the 30 days before state effectiveness.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 regulation. Any person who would be adversely affected by adoption of the federal regulation in this state may, within the 30 days prior to its becoming effective in this state, file with the state department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a regulation that has become effective under the federal act, shall stay the adoption of the regulation in this state as a state regulation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  85. 108705.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If substantial objections are made to certain regulations, the department must hold a public hearing, hear interested persons, decide the objections by order, and mail the order by certified mail.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on issues raised by the objections. Any interested person or his or her representative shall be heard at the hearing. The department shall act upon objections by order and shall mail the order to objectors by certified mail within a reasonable period of time after the hearing. The order shall be based on evidence contained in the record of the hearing. If the order concerns a proposed regulation of the department, the department may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least 60 days after publication of the order. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  86. 108710.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department cannot set specific packaging designs, product content, or package quantity, except as allowed by Section 108715(b); it may prohibit packaging that it finds unnecessarily attractive to children for certain household substances with required special packaging.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Regulations [108685 - 108710] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108710. Nothing in this chapter shall authorize the department to prescribe specific packaging designs, product content, or package quantity, except as provided in subdivision (b) of Section 108715. In the case of a household substance for which special packaging is required pursuant to a regulation under this chapter, the department may prohibit the packaging of the substance in packages that it determines are unnecessarily attractive to children. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  87. 108715.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Marketing of Conventional Packages [108715 - 108725] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A manufacturer or packer may use a single noncompliant package size for certain household substances if it also supplies compliant packages and uses the required warning label, unless a department regulation allows a substitute statement for very small packages.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Marketing of Conventional Packages [108715 - 108725] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 persons unable to use the substance when packaged in compliance with the standard, the manufacturer or packer, may package any household substance, subject to the standard in packaging of a single size that does not comply with that standard if both of the following are present: (a) The manufacturer or packer also supplies the substance in packages that comply with the standards. (b) The packages of the substance, that do not meet the standard, shall bear conspicuous labeling stating: “This package for household without young children.” The department regulation may prescribe a substitute statement to the same effect for packaging too small to accommodate the labeling. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  88. 108720.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Marketing of Conventional Packages [108715 - 108725] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A household substance covered by a standard may be dispensed in noncomplying packages only if it is dispensed under an order from a physician, dentist, or other licensed medical practitioner, and only when the order directs it or the purchaser requests it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Marketing of Conventional Packages [108715 - 108725] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 authorized to prescribe the substance, then it may be dispensed in noncomplying packages only when directed in the order or when requested by the purchaser. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  89. 108725.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Marketing of Conventional Packages [108715 - 108725] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may order a manufacturer or packer to use only special packaging for a household substance when the statutory conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Poison Prevention Packaging Act [108675 - 108725] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Marketing of Conventional Packages [108715 - 108725] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 determines that the substance is not also being supplied by a manufacturer or packer in popular size packages that comply with the standard, the department may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, require by order that the substance be packaged by the manufacturer or packer exclusively in special packaging complying with the standard if it finds, after opportunity for hearing, that the exclusive use of a special packaging is necessary to accomplish the purposes of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  90. 108750.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This chapter is known as, and may be cited as, the Children’s Poison Protection Act of 1990.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108750. This chapter shall be known and may be cited as the Children’s Poison Protection Act of 1990. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  91. 108755.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines key terms used in the Children's Poison Prevention Packaging Act, including “household,” “liquid,” and “toxic household product.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 any structure, vehicle, article, surface, or area associated with the household, including, but not limited to, nonagricultural outbuildings, noncommercial greenhouses, pleasure boats, and recreational vehicles. (3) In or around any preschool or day care facility. (b) “Liquid” means a liquid preparation that flows readily in its natural state at room temperature containing one or more soluble chemical substances usually dissolved in water or other solvents. “Solvent” includes, but is not limited to, aqueous acids (acetic, hydrochloric, and nitric acids) and nonaqueous solutions (spirits, liniments). (c) “Toxic household product” means any substance or mixture of substances that are customarily produced or distributed for sale for use in or about the household, or are customarily stored by individuals in or about the household, and the substance or mixture of substances have the capacity to produce significant personal injury or illness to humans when orally ingested in moderate amounts. “Toxic household product” shall not include any of the following: (1) Products that contain hydrocarbons in which the only known toxicity is through lung aspiration of minute amounts and not absorption through the stomach. (2) Products that are intended for use in or around the mouth or are reasonably expected to be used orally or ingested. (3) Economic poisons packaged in containers of more than one gallon liquid or more than 10 pounds dry weight. (4) With the exception of products containing 2.5 percent or more by weight camphor in liquid formulations, any drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) and the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)). (5) Products that, immediately upon ingestion, cause severe damage or irritation to the mouth or tongue, or are fatal upon a single taste. (6) Products packaged in pressurized aerosol containers. (7) Products containing ethylene glycol that are described in paragraphs (7), (9), and (38) of subdivision (a) of Section 1500.83 of Part 1500 of Title 16 of the Code of Federal Regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  92. 108760.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Most toxic household products sold in California that meet the listed conditions must contain a nontoxic bittering agent, unless they use child-resistant safety closures.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108760. (a) Except as provided in subdivision (b), any toxic household product that contains any substance listed in subdivision (a) of Section 108765, and manufactured on and after January 1, 1992, and sold in California, shall include within the product a bittering agent that is nontoxic, in a concentration so as to render the product aversively bitter, unless the product is packaged with child-resistant safety closures in accordance with the federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and regulations adopted thereunder (16 C.F.R. 1700.1 et seq.). (b) Any toxic household product that (1) is required to be registered with the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 135 et seq.), (2) is formulated for outdoor or food use economic poisons purposes, and (3) will be reformulated to include a bittering agent, shall comply with subdivision (a) no later than two years from the date when the Environmental Protection Agency has approved a bittering agent for use in outdoor or food use economic poisons. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  93. 108765.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Manufacturers of certain toxic household products must follow Section 108760, unless they document specified non-toxicity findings; some liquid products must use child-resistant safety closures instead.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108765. (a) Manufacturers of toxic household products that contain any of the following substances shall comply with Section 108760, unless the manufacturer documents that there are no signs of toxicity at an oral dose of five grams of product per kilogram of body weight, or the product’s container, when full, contains a dose less than that which has previously been documented by the manufacturer to be nontoxic: (1) Acetonitrile. (2) Sodium bromate (600 mg or more). (3) Potassium bromate (50 mg or more). (4) Carbamates (used in insecticide formulations). (5) Chlorinated hydrocarbon insecticides and solvents (5 percent or more by weight). (6) Cyanide. (7) Diquat. (8) Ethylene glycol (10 percent or more by weight). (9) Organophosphate insecticides. (10) Metaldehyde. (11) Methanol (methyl alcohol)(4 percent or more by weight). (12) Phenol (10 percent or more by weight). (13) Pine oil, in concentrations of 20 percent or more. (14) Strychnine formulations. (b) Due to the lack of long-term testing results for dermal exposure of available bittering agents, manufacturers of toxic household products that contain any of the following substances in liquid formulations shall, in lieu of complying with Section 108760, package their products with child-resistant safety closures in accordance with the federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and regulations adopted thereunder (16 C.F.R. 1700.1 et seq.): (1) Camphor (2.5 percent or more by weight). (2) Diethyltoluamide (5 percent or more by weight). (3) Ethylhexanediol (5 percent or more by weight). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  94. 108770.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    It is unlawful to distribute or sell a toxic household product in this state if it does not meet this chapter’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 it does not meet the requirements of this chapter. (b) The prohibition contained in subdivision (a) shall not apply to a person engaged in the business of wholesale or retail distribution of a toxic household product, unless the person is engaged in the manufacture of the product, or has knowledge that a toxic household product that he or she is distributing or selling is in violation of this chapter. (c) Nothing in this section shall be construed to exempt a distributor of a house brand from any provision of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  95. 108775.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Any person may sue to enforce this chapter, and the court may grant injunctions, exemplary damages, and attorney’s fees and costs to the prevailing party.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 in any action brought pursuant to this section. (b) Exemplary damages, as provided for in Section 3294 of the Civil Code, may also be awarded in any action brought pursuant to this section. (c) Whenever the person bringing the action pursuant to this section is the prevailing party, he or she shall be awarded attorney’s fees and costs by the court. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  96. 108780.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who violates this chapter is liable for a civil penalty of up to $5,000 per day of violation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 violation, that shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  97. 108785.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Civil penalties from Section 108780 must be deposited into a new fund, and the fund money must be allocated by the Emergency Medical Services Authority for poison prevention education programs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Children's Poison Prevention Packaging Act [108750 - 108785] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 State Treasury. Money in the fund shall be allocated by the Emergency Medical Services Authority, when appropriated thereto by the Legislature, to the California Regional Poison Control Centers for the purpose of their poisoning prevention education programs. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  98. 108800.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. )

    Verify source ↗

    Required cautionary statements on labels for dangerous drugs, poisons, and other harmful substances must be printed in English and displayed clearly.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. ) ## 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, poisons, and other harmful substances are packaged shall be printed in the English language in a conspicuous place in type of conspicuous size in contrast to the typography, layout, or color of the other printed matter on the label. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  99. 108805.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. )

    Verify source ↗

    If no specific color is required, cautionary statements may be printed in any color, preferably red, on a plain, distinctly contrasting background.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. ) ## 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 background. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  100. 108810.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. )

    Verify source ↗

    Labels on containers of dangerous drugs, poisons, and other highly toxic substances must not use the words “safe,” “safely,” “safety,” or similar words that would detract from the cautionary statement.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. ) ## 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 labels of containers of dangerous drugs, poisons, and other highly toxic substances. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  101. 108815.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. )

    Verify source ↗

    This chapter does not apply to products made by a laboratory licensed under the listed federal public health service provision.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. ) ## 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 410, Chapter 373, Seventy-eighth Congress, Second Session). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  102. 108820.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. )

    Verify source ↗

    Any violation of this chapter is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. ) ## 108820. Any violation of this chapter is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  103. 108825.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. )

    Verify source ↗

    This chapter becomes operative on January 1, 1960.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Label Requirements [108800 - 108825] ( Heading of Chapter 8 amended by Stats. 1996, Ch. 1023, Sec. 306.5. ) ## 108825. This chapter shall become operative January 1, 1960. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  104. 108850.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [108850 - 108855] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says California wants its own program to protect the public from unsafe tableware and to develop tableware lead and cadmium release standards consistent with state law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [108850 - 108855] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 lead and cadmium released from ceramic, metal, and other dishware and tableware is inadequate to protect Californians from the importation and sale of unsafe tableware in this state. (b) Recent inspection and sampling conducted by local and state health departments in California has demonstrated that significant amounts of unsafe tableware are in fact being imported and sold in California. (c) The standards established by the federal government for acceptable lead and cadmium release are likely inadequate to fully protect public health and may be inconsistent with requirements that already exist in California law governing exposure to lead and cadmium. (d) It is the intent of the Legislature that the department, first, establish its own program to protect the public from unsafe tableware and, second, develop standards for lead and cadmium release from tableware that are consistent with existing state law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  105. 108855.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [108850 - 108855] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines key terms used in the chapter on controlling lead release from tableware.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [108850 - 108855] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108855. For purposes of this chapter the following definitions shall apply: (a) “Director” means the Director of Health Services. (b) “Department” means the State Department of Health Services. (c) “Distributor” means any person who brings tableware into California from another state for sale. (d) “Importer” means any person who brings tableware into California from another country for sale. (e) “Manufacturer” means any person who makes tableware sold in California. (f) “Small business” means any manufacturer, importer, or distributor whose gross annual revenue for the sale of tableware is thirty thousand dollars ($30,000) or less. (g) “Tableware” means any glazed ceramic, enamel metalware, or pewter article, container, or utensil that may be used in the preparation, serving, or storage of food or drink. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  106. 108860.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Standards [108860 - 108870] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    It is unlawful to deal in certain tableware in this state if it releases lead or cadmium above the listed standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Standards [108860 - 108870] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 lead or cadmium in violation of the standards contained in the Compliance Policy Guides 7117.06 and 7117.07 as described in 54 Federal Register 23485 or any subsequent, more stringent standards adopted by the United States Food and Drug Administration, as determined by the director. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  107. 108870.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Standards [108860 - 108870] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Tableware sold or offered for sale in this state must be permanently and indelibly marked with the manufacturer’s or importer’s name, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Standards [108860 - 108870] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 with the name of the manufacturer or importer responsible for the sale of the tableware in California. (b) For the purposes of this section, permanently and indelibly marked means fired or manufactured into the glazed tableware. (c) This section shall not apply to any tableware that is manufactured without lead or cadmium as an intentionally added ingredient or as an unintentional contaminant. (d) This section shall not apply to any tableware product that is of a peculiar structure or too small to accommodate the name of the manufacturer or importer in accordance with subdivision (a), provided that the product either (1) is permanently and indelibly marked with a registered trademark that is on file with the department, or is described and depicted in a certificate of registration that is on file with the department, or (2) is part of a tableware set or pattern, one or more pieces that are marked in accordance with subdivision (a). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  108. 108875.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department administers and enforces this chapter, and must report inspection and sampling results to the Legislature on request.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108875. The department is responsible for the administration and enforcement of this chapter. The department, upon request, shall report to the Legislature concerning the number and findings of inspections performed and samples taken to determine compliance with this chapter. (Amended by Stats. 2001, Ch. 745, Sec. 148. Effective October 12, 2001.)
  109. 108880.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must levy and later update fees on tableware manufacturers, importers, and distributors, with a lower fee for small businesses and a late-payment penalty.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 tableware sold in this state to be used for the implementation of this chapter, except that the department shall levy a fee of one hundred fifty dollars ($150) for small businesses. A penalty of 10 percent per month shall be added to any fee that is not paid when due. The fee shall not exceed the costs of administering and enforcing this chapter for the 1991–92 and 1992–93 fiscal years. No later than July 1993, the department shall establish and implement a fee schedule that assesses an annual fee upon manufacturers, importers, and distributors of tableware sold in California. The fees shall be based on the reasonable anticipated costs that will be incurred by the department, and by local health officers if an agreement is executed pursuant to Section 108885, to implement and enforce this chapter. In calculating the necessary fees, the department shall include any civil penalties generated pursuant to Section 100425. Commencing in fiscal year 1993–94, the fee established pursuant to this subdivision shall be adjusted pursuant to Section 100425 and shall further be adjusted annually by reducing the fee by an amount equal to the total amount of civil penalties collected pursuant to Section 108900 during the previous calendar year, divided by the total number of manufacturers, importers, and distributors having paid fees during the previous calendar year. The fee collected pursuant to subdivision (a) shall terminate upon implementation of the fee schedule developed pursuant to this subdivision. The fee schedule shall provide for the recovery of all costs of implementing this chapter, including the cost of establishing the fee schedule as prescribed in this section. In the event that the department’s reasonable costs in any one fiscal year exceed the available fees for that year, the department shall, as necessary, delay any activities in administering this chapter that will incur costs exceeding available fees until the following year. All moneys collected as fees pursuant to this section shall be expended in carrying out this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  110. 108885.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department and a health officer may agree to name a local health department as the department’s authorized agent for enforcing this chapter, and if they do, the department must make fee revenues available to the health officer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 and county, or local health district as the department’s authorized agent for the purposes of enforcing this chapter. If an agreement is executed pursuant to this section, the department shall make fee revenues available to the health officer for performing duties relating to enforcing this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  111. 108890.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Authorized agents of the department may inspect and take samples related to tableware to enforce the chapter, and people must not block those actions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 agent of the department and at a reasonable time, do any of the following: (1) Enter any factory, warehouse, or establishment in which any tableware is manufactured, held, distributed, used, or sold. (2) Enter any vehicle that is being used to transport or hold tableware. (3) Enter any place where any tableware is suspected of being held or sold in violation of this chapter. (4) Inspect any factory, warehouse, establishment, vehicle, or place in which any tableware is manufactured, held, transported, distributed, used, or sold, and all equipment, raw materials, finished and unfinished materials, containers, and tableware therein. The inspection shall include any record, file, paper, process, control, and facility that has a bearing on whether the tableware complies with this chapter. (5) Secure any sample or specimen of any tableware or of any release of lead or cadmium from tableware. If the agent obtains any samples prior to leaving the premises, he or she shall leave a receipt describing any sample obtained. The department shall secure only the quantity of tableware that is reasonably necessary to conduct the tests to determine the release of lead or cadmium as determined appropriate by the department. (6) Have access to all records of carriers in commerce relating to the movement in commerce of any tableware, or the holding for sale of the tableware, and the quantity, shipper, and consignee. (b) It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, including photographs, or access to copying of any record as authorized by this chapter, or to conceal the samples or evidence, or withhold evidence concerning them. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  112. 108895.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may publish or distribute information about tableware, including test and investigation results, if it first assures their accuracy.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108895. The department may publish or publicly distribute any information regarding tableware, including results of tests and investigations, after assuring the accuracy of those tests and investigations, as the department considers necessary for the protection of public health and safety of the consumer or for the protection of the consumer from fraud. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  113. 108900.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may impose civil penalties for violating this chapter or related regulations, and there are procedures for complaints, hearings, payment, and court review.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 chapter in the amount of not more than five thousand dollars ($5,000) per day. Each day a violation continues shall be considered a separate violation. (b) If, after examination of a possible violation and the facts surrounding that possible violation, the department concludes that a violation has occurred, the department may issue a complaint to the person charged with the violation. The complaint shall allege the acts or failures to act that constitute the basis for the violation and the amount of the penalty. The complaint shall be served by personal service or by certified mail and shall inform the person so served of the right to a hearing. (c) Any person served with a complaint pursuant to subdivision (c) may, within 20 days after service of the complaint, request a hearing by filing with the department a notice of defense. A notice of defense is deemed to have been filed within the 20-day period if it is postmarked within the 20-day period. If a hearing is requested by the person, it shall be conducted within 90 days after the receipt by the department of the notice of defense. If no notice of defense is filed within 20 days after service of the complaint, the department shall issue an order setting the penalty as proposed in the complaint unless the department and the person have entered into a settlement agreement, in that case the department shall issue an order setting the penalty in the amount specified in the settlement agreement. When the person has not filed a notice of defense or where the department and the person have entered into a settlement agreement, the order shall not be subject to review by any court or agency. (d) Any hearing required under this section shall be conducted pursuant to Section 100171, except to the extent that the procedures specified in Section 100171 are inconsistent with this section. (e) Orders setting civil penalties under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint. (f) Within 30 days after service of a copy of a decision issued by the director after a hearing, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of the decision or order of the director in any judicial proceeding brought to enforce the decision or order or for other remedies. Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this section. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. (g) The remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. (h) If the violation is committed after a previous imposition of a penalty under this section that has become final, if the violation is committed with intent to mislead or defraud, or if the violation concerns tableware primarily used by children or marketed for children, the person shall be subject to imprisonment for not more than one year in the county jail or imprisonment in state prison, by a fine of not more than ten thousand dollars ($10,000), or by both the imprisonment and fine. (Amended by Stats. 1997, Ch. 220, Sec. 27. Effective August 4, 1997.)
  114. 108905.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If an authorized agent suspects tableware may release lead or cadmium illegally, the agent must tag it and the tableware cannot be removed or sold without permission.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 cadmium in violation of this chapter, he or she shall affix to the tableware a detention tag, embargo tag, or other similar marking, as determined appropriate by the authorized agent. The tag or other marking shall give notice that the tableware is suspected of releasing amounts of lead or cadmium in violation of this chapter and that no person shall remove or dispose of the tableware by sale or otherwise until permission for removal or disposal is given by an authorized agent of the department or the court. (b) For the purposes of this section, an authorized agent has probable cause to believe that tableware has the potential to release amounts of lead or cadmium in violation of this chapter when, but not limited to instances when, the tableware tests positive for lead or cadmium release using the field test described in the document published by the United States Food and Drug Administration entitled Analytical Letters Vol. 21, 1988, pages 2145 to 2154, inclusive, or any other test for lead release subsequently approved for field use by the United States Food and Drug Administration and determined by the department to be at least as effective a test for lead or cadmium release as the test described in this subdivision. (c) If a field test conducted pursuant to subdivision (b) tests positive for lead release, the department shall use the Association of Official Analytical Chemists/American Society for Testing and Material 24-hour test method, or any other test subsequently approved by the federal Food and Drug Administration determined by the department to be at least as effective a test for lead or cadmium release as the test described in this subdivision. The department shall conduct or obtain those tests within a reasonable time after embargoing affected tableware, and shall release any tableware found not to violate the standards of this chapter within a reasonable time after the laboratory test has been completed. For any food establishment, as defined in Section 113780, the department shall conduct or obtain those tests within a reasonable time, not to exceed 10 days, after embargoing affected tableware, and shall release any tableware found not to violate the standards of this chapter within 96 hours after the laboratory test has been conducted. (d) If an item of tableware is found to violate this chapter, the manufacturer, importer, retailer, and distributor shall, at the option of the holder of the tableware, either provide the holder of the tableware with comparable replacement tableware acceptable to the holder or be liable to the holder of the tableware for the cost of purchasing comparable replacement tableware. (e) No person shall remove, sell, or dispose of detained or embargoed tableware without permission of an authorized agent of the department or a court. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  115. 108910.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Tableware that violates this chapter is also subject to the procedures listed in the cited sections.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 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 111915. Except for use of the procedures set forth in those sections, nothing in this section shall be interpreted as making this chapter part of Part 5 (commencing with Section 109875). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  116. 108915.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This chapter becomes operative on July 1, 1991.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Control of Lead Release From Tableware [108850 - 108915] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Enforcement [108875 - 108915] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108915. This chapter shall become operative on July 1, 1991. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  117. 108920.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Polybrominated Diphenyl Ethers [108920 - 108923] ( Chapter 10 added by Stats. 2003, Ch. 205, Sec. 1. )

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    The Legislature states findings about brominated flame retardants and PBDEs and says California should take a precautionary approach to products containing them.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Polybrominated Diphenyl Ethers [108920 - 108923] ( Chapter 10 added by Stats. 2003, Ch. 205, Sec. 1. ) ## 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 stringent fire standards, manufacturers add BFRs to a multitude of products, including plastic housing of electronics and computers, circuit boards, and the foam and textiles used in furniture. (b) Polybrominated diphenyl ether (PBDE), which is a subcategory of BFRs, has increased fortyfold in human breast milk since the 1970s. Women in California carry more PBDEs in their bodies than anyone else studied in the world. (c) PBDE has the potential to disrupt thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities. PBDE may also have the potential to cause cancer. (d) Substantial efforts to eliminate BFRs from products have been made throughout the world, including private and public sectors. These efforts have made available numerous alternatives safe to human health while meeting stringent fire standards. To meet market demand, it is in the interest of California manufacturers to eliminate the use of BFRs. (e) In order to protect the public health and the environment, the Legislature believes it is necessary for the state to develop a precautionary approach regarding the production, use, storage, and disposal of products containing brominated fire retardants. (Added by Stats. 2003, Ch. 205, Sec. 1. Effective January 1, 2004.)
  118. 108921.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Polybrominated Diphenyl Ethers [108920 - 108923] ( Chapter 10 added by Stats. 2003, Ch. 205, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on PBDEs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Polybrominated Diphenyl Ethers [108920 - 108923] ( Chapter 10 added by Stats. 2003, Ch. 205, Sec. 1. ) ## 108921. For purposes of this chapter, the following definitions apply: (a) “OctaBDE” means octabrominated diphenyl ether or any technical mixture in which octabrominated diphenyl ether is a predominate congener. (b) “PBDE” means polybrominated diphenyl ether. (c) “PentaBDE” means pentabrominated diphenyl ether or any technical mixture in which pentabrominated diphenyl ether is a predominate congener. (d) “Congener” means a specific PBDE molecule. (e) “Process” does not include the processing of metallic recyclables containing PBDEs that is conducted in compliance with all applicable federal, state, and local laws. (f) “Product” means a product manufactured on or after June 1, 2006. (g) “Metallic recyclable” has the same meaning as a metallic discard, as defined in Section 42161 of the Public Resources Code. (h) “Recycle” has the same meaning as defined in Section 40180 of the Public Resources Code. (i) “Technical mixture” means a PBDE mixture that is sold to a manufacturer. A technical mixture is named for the predominant congener in the mixture, but is not exclusively made up of that congener. (Amended by Stats. 2004, Ch. 641, Sec. 1. Effective January 1, 2005.)
  119. 108922.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Polybrominated Diphenyl Ethers [108920 - 108923] ( Chapter 10 added by Stats. 2003, Ch. 205, Sec. 1. )

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    A person may not make, process, or sell in commerce certain PBDE-containing products above the stated concentration, subject to a scientific research exception.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Polybrominated Diphenyl Ethers [108920 - 108923] ( Chapter 10 added by Stats. 2003, Ch. 205, Sec. 1. ) ## 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 than one-tenth of 1 percent of pentaBDE or octaBDE, except for products containing small quantities of PBDEs that are produced or used for scientific research on the health or environmental effects of PBDEs. (Amended by Stats. 2004, Ch. 641, Sec. 2. Effective January 1, 2005.)
  120. 108923.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Polybrominated Diphenyl Ethers [108920 - 108923] ( Chapter 10 added by Stats. 2003, Ch. 205, Sec. 1. )

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    The Senate Office of Research must submit PBDE regulation recommendations, including EU findings and rulings, by March 1, 2004.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10. Polybrominated Diphenyl Ethers [108920 - 108923] ( Chapter 10 added by Stats. 2003, Ch. 205, Sec. 1. ) ## 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 Committee recommendations regarding the regulation of PBDE, including relevant findings and rulings by the European Union. (Added by Stats. 2003, Ch. 205, Sec. 1. Effective January 1, 2004.)
  121. 108930.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10.5. Sodium Nitrite [108930- 108930.] ( Chapter 10.5 added by Stats. 2023, Ch. 462, Sec. 2. )

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    Sodium nitrite generally cannot be sold to minors, and sales of sodium nitrite above 10% concentration cannot be made to adults.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10.5. Sodium Nitrite [108930- 108930.] ( Chapter 10.5 added by Stats. 2023, Ch. 462, Sec. 2. ) ## 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 unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older. (c) It shall be a defense to a violation of subdivision (a) to demonstrate either of the following: (1) The person, retailer, or online marketplace is able to demonstrate both of the following: (A) The purchaser acknowledged before purchase they were at least 18 years of age through an effective system created by the person, retailer, or online marketplace that is capable of verifying the age of purchasers to ensure they are above the minimum legal age to purchase a product. This system shall not completely rely on any of the following: (i) The purchaser simply providing a date of birth without additional verification. (ii) Using tick boxes to ask purchasers to confirm they are over the minimum age. (iii) Using a general disclaimer such as: “Anyone ordering this product from our website will be deemed to be at least 18 years of age.” (iv) Using an “accept” statement for the purchaser to confirm that they have read the terms and conditions and are over the minimum age. (v) Using electronic payment services that do not verify a user’s age. (vi) Only accepting payment by credit card without additional age verification. (B) The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 18 years of age. (2) The purchaser acknowledged before purchase they were at least 18 years of age, and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act (Title 1.81.47 (commencing with Section 1798.99.28) of Part 4 of Division 3 of the Civil Code). (d) This section does not apply to the sale of sodium nitrite to a business. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2023, Ch. 462, Sec. 2. (AB 1109) Effective January 1, 2024.)
  122. 108931.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10.6. Sodium Nitrite—Labeling [108931- 108931.] ( Chapter 10.6 added by Stats. 2023, Ch. 469, Sec. 2. )

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    Sodium nitrite over 10% purity cannot be sold or offered for sale in the state unless both required warning labels are included.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 10.6. Sodium Nitrite—Labeling [108931- 108931.] ( Chapter 10.6 added by Stats. 2023, Ch. 469, Sec. 2. ) ## 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 and conspicuous label on the immediate container of the sodium nitrite stating: “WARNING: LETHAL TO INGEST. If ingested, call for emergency help. The recommended treatment for ingestion of sodium nitrite is intravenous methylene blue.” (2) A clear and conspicuous label on the outside of the shipping package that contains sodium nitrite stating: “WARNING: Contains sodium nitrite, which can be fatal if ingested.” (b) (1) A violation of this section shall be subject to a civil penalty of ten thousand dollars ($10,000) for the first violation, and a civil penalty of at least fifty thousand dollars ($50,000) and no more than one hundred thousand dollars ($100,000) for a second or subsequent violation. For purposes of this subdivision, failure to comply with paragraphs (1) and (2) of subdivision (a) constitute separate violations. The Attorney General or a district attorney, county counsel, or city attorney may bring an action to impose a civil penalty pursuant to this subdivision. (2) The total civil penalty for a continuous violation of subdivision (a) shall not exceed the amount described in paragraph (1). (Added by Stats. 2023, Ch. 469, Sec. 2. (AB 1210) Effective January 1, 2024.)
  123. 108935.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Phthalates in Products for Young Children [108935 - 108939] ( Chapter 11 added by Stats. 2007, Ch. 672, Sec. 2. )

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    This section defines “toy” and “child care article” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Phthalates in Products for Young Children [108935 - 108939] ( Chapter 11 added by Stats. 2007, Ch. 672, Sec. 2. ) ## 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 used by children when they play. (b) “Child care article” means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething. (Added by Stats. 2007, Ch. 672, Sec. 2. Effective January 1, 2008.)
  124. 108937.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Phthalates in Products for Young Children [108935 - 108939] ( Chapter 11 added by Stats. 2007, Ch. 672, Sec. 2. )

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    Starting January 1, 2009, people or entities may not make, sell, or distribute toys or child care articles with certain phthalates above 0.1%.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Phthalates in Products for Young Children [108935 - 108939] ( Chapter 11 added by Stats. 2007, Ch. 672, Sec. 2. ) ## 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 di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent. (b) Commencing January 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product can be placed in the child’s mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent. (Added by Stats. 2007, Ch. 672, Sec. 2. Effective January 1, 2008.)
  125. 108939.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Phthalates in Products for Young Children [108935 - 108939] ( Chapter 11 added by Stats. 2007, Ch. 672, Sec. 2. )

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    Manufacturers must use the least toxic alternative when replacing phthalates, and they must not use certain carcinogens or reproductive toxicants as substitutes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 11. Phthalates in Products for Young Children [108935 - 108939] ( Chapter 11 added by Stats. 2007, Ch. 672, Sec. 2. ) ## 108939. (a) Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this chapter. (b) Manufacturers shall not replace phthalates, pursuant to this chapter, with carcinogens rated by the United States Environmental Protection Agency as A, B, or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the “List of Chemicals Evaluated for Carcinogenic Potential,” or known to the state to cause cancer as listed in the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12). (c) Manufacturers shall not replace phthalates, pursuant to this chapter, with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency or listed in the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12). (Added by Stats. 2007, Ch. 672, Sec. 2. Effective January 1, 2008.)
  126. 108945.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12.5. Juvenile Products [108945 - 108947] ( Chapter 12.5 added by Stats. 2021, Ch. 500, Sec. 1. )

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    This section defines terms used in the juvenile products chapter, including adult mattress, regulated PFAS, juvenile product, medical device, and PFAS.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12.5. Juvenile Products [108945 - 108947] ( Chapter 12.5 added by Stats. 2021, Ch. 500, Sec. 1. ) ## 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) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means either of the following: (1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including, but not limited to, the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product. (2) The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine. (c) (1) “Juvenile product” means the following products designed for use by infants and children under 12 years of age: a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress. (2) “Juvenile product” does not include any of the following: (A) A children’s electronic product, including, but not limited to, a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power cord. (B) A medical device. (C) An internal component of a juvenile product that would not come into direct contact with a child’s skin or mouth during reasonably foreseeable use and abuse of the product. (D) An adult mattress. (d) “Medical device” means “device” as defined in subsection (h) of Section 321 of Title 21 of the United States Code. (e) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (Amended by Stats. 2024, Ch. 932, Sec. 3. (AB 347) Effective January 1, 2025.)
  127. 108946.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12.5. Juvenile Products [108945 - 108947] ( Chapter 12.5 added by Stats. 2021, Ch. 500, Sec. 1. )

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    Starting July 1, 2023, a person, including manufacturers, may not sell or distribute in commerce in California any new juvenile product that contains regulated PFAS chemicals.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12.5. Juvenile Products [108945 - 108947] ( Chapter 12.5 added by Stats. 2021, Ch. 500, Sec. 1. ) ## 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 previously owned, juvenile product that contains regulated PFAS chemicals. (Added by Stats. 2021, Ch. 500, Sec. 1. (AB 652) Effective January 1, 2022.)
  128. 108947.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12.5. Juvenile Products [108945 - 108947] ( Chapter 12.5 added by Stats. 2021, Ch. 500, Sec. 1. )

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    A manufacturer must use the least toxic alternative when replacing PFAS chemicals in a juvenile product.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 12.5. Juvenile Products [108945 - 108947] ( Chapter 12.5 added by Stats. 2021, Ch. 500, Sec. 1. ) ## 108947. A manufacturer shall use the least toxic alternative when replacing PFAS chemicals in a juvenile product in accordance with this chapter. (Added by Stats. 2021, Ch. 500, Sec. 1. (AB 652) Effective January 1, 2022.)
  129. 108950.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    This section states the Legislature’s intent to require product manufacturers to provide ingredient information about designated products and to require specified employers to share that information with employees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. ) ## 108950. (a) It is the intent of the Legislature to provide consumers and workers with ingredient information about designated products that encourages informed purchasing decisions and reduces public health impacts from exposure to potentially harmful chemicals in designated products by requiring product manufacturers to provide a specific list of the chemicals used in their products, and requiring specified employers to provide that information to their employees. (b) This chapter shall be known, and may be cited, as the Cleaning Product Right to Know Act of 2017. (Added by Stats. 2017, Ch. 830, Sec. 1. (SB 258) Effective January 1, 2018.)
  130. 108952.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    This section defines key terms used in the chapter on cleaning product right-to-know rules.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. ) ## 108952. For purposes of this chapter, the following definitions shall apply: (a) “Air care product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air. (b) “Automotive product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, as defined in Section 670 of the Vehicle Code, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles. “Automotive product” does not include automotive paint or paint repair products. (c) “Chemically formulated consumer product” means a product, excluding home appliances, that is manufactured from chemicals to be used by household, institutional, or commercial consumers without further processing for specific purposes. For the purposes of this subdivision, dilution by the user is not considered further processing. (d) “Colorant” means ingredients that, alone or in combination with other ingredients, are added to a product for the specific purpose of imparting or altering the color of a product. (e) “Confidential business information” means any intentionally added ingredient or combination of ingredients for which a claim has been approved by the federal Environmental Protection Agency for inclusion on the Toxic Substances Control Act (TSCA) Confidential Inventory, or for which the manufacturer or its supplier claim protection under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code) as required by Section 108955. Confidential business information shall not include any of the following: (1) An intentionally added ingredient or combination of ingredients that is on a designated list, as defined in subdivision (g). (2) A nonfunctional constituent, as defined in subdivision (m). (3) A fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations, when present in the product at a concentration at or above 0.01 percent (100 ppm). (f) “Designated product” means a finished product that is an air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for janitorial, domestic, or institutional cleaning purposes. “Designated product” shall not mean any of the following: (1) Foods, drugs, and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap. (2) Industrial products specifically manufactured for, and exclusively used in, the following: (A) Oil and gas production. (B) Steel production. (C) Heavy industry manufacturing. (D) Industrial water treatment. (E) Industrial textile maintenance and processing other than industrial laundering. (F) Food and beverage processing and packaging. (G) Other industrial manufacturing processes. (3) A trial sample of a designated product that is not packaged for individual sale, resale, or retail and includes a statement indicating that the product is not for sale or resale. (g) “Designated list” means any of the following, including subsequent revisions when adopted by the authoritative body: (1) Chemicals known to the State of California to cause cancer or reproductive toxicity that are listed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20). (2) Chemicals classified by the European Union as carcinogens, mutagens, or reproductive toxicants pursuant to Category 1A or 1B in Annex VI to Regulation (EC) 1272/2008. (3) Chemicals included in the European Union Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(f) for endocrine disrupting properties. (4) Chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the federal Environmental Protection Agency’s Integrated Risk Information System. (5) Chemicals that are identified as carcinogenic to humans, likely to be carcinogenic to humans, or as Group A, B1, or B2 carcinogens in the federal Environmental Protection Agency’s Integrated Risk Information System. (6) Chemicals included in the European Chemicals Agency Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(d), Article 57(e), or Article 57(f) of Regulation (EC) 1907/2006 for persistent, bioaccumulative and toxic, or very persistent and very bioaccumulative properties. (7) Chemicals that are identified as persistent, bioaccumulative, and inherently toxic to the environment by the Canadian Environmental Protection Act Environmental Registry Domestic Substances List. (8) Chemicals classified by the European Union in Annex VI to Regulation (EC) 1272/2008 as respiratory sensitizer category 1. (9) Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer. (10) Neurotoxicants that are identified in the federal Agency for Toxic Substances and Disease Registry’s Toxic Substances Portal, Health Effects of Exposure to Substances and Carcinogens, Nervous System. (11) Persistent bioaccumulative and toxic priority chemicals that are identified by the federal Environmental Protection Agency National Waste Minimization Program. (12) Reproductive or developmental toxicants identified in Monographs on the Potential Human Reproductive and Developmental Effects published by the federal National Toxicology Program, Office of Health Assessment and Translation. (13) Chemicals identified by the federal Environmental Protection Agency’s Toxics Release Inventory as Persistent, Bioaccumulative and Toxic Chemicals that are subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001, et seq.). (14) The Washington Department of Ecology’s Persistent, Bioaccumulative, Toxic (PBT) Chemicals identified in Chapter 173-333 of Title 173 of the Washington Administrative Code. (15) Chemicals that are identified as known to be, or reasonably anticipated to be, human carcinogens by the 13th Report on Carcinogens prepared by the federal National Toxicology Program. Subsequent revisions to this list shall not be incorporated. (16) Chemicals for which notification levels, as defined in Section 116455, have been established by the State Department of Public Health or the State Water Resources Control Board. (17) Chemicals for which primary maximum contaminant levels have been established and adopted under Section 64431 or 64444 of Title 22 of the California Code of Regulations. (18) Chemicals identified as toxic air contaminants under Section 93000 or 93001 of Title 17 of the California Code of Regulations. (19) Chemicals that are identified as priority pollutants in the California water quality control plans pursuant to subdivision (c) of Section 303 of the federal Clean Water Act and in Section 131.38 of Title 40 of the Code of Federal Regulations, or identified as pollutants by the state or the federal Environmental Protection Agency for one or more water bodies in the state under subdivision (d) of Section 303 of the federal Clean Water Act and Section 130.7 of Title 40 of the Code of Federal Regulations. (20) Chemicals that are identified with noncancer endpoints and listed with an inhalation or oral reference exposure level by the Office of Environmental Health Hazard Assessment pursuant to paragraph (2) of subdivision (b) of Section 44360. (21) Chemicals identified as priority chemicals by the California Environmental Contaminant Biomonitoring Program pursuant to Section 105449. (22) Chemicals that are identified on Part A of the list of Chemicals for Priority Action prepared by the Oslo and Paris Conventions for the Protection of the Marine Environment of the North-East Atlantic. (h) “Electronically readable format” means that the information provided is all of the following: (1) Machine readable by automated systems, including, but not limited to, Web browsers, accessibility software to aid the disabled, automated scripts, and other software programs or applications. (2) Not restricted from access by search engines. (3) Not restricted from access by a requirement for registration, the provision of personally identifiable information, or the use of CAPTCHA or similar challenge response test technologies, whether visual, auditory, or otherwise. (4) Conforms to the most current version of the Web Content Accessibility Guidelines (WCAG) adopted by the Web Content Accessibility Guidelines Working Group of the World Wide Web Consortium. (i) “Fragrance ingredient” means any intentionally added substance or complex mixture of aroma chemicals, natural essential oils, and other functional ingredient or ingredients for which the sole purpose is to impart an odor or scent, or to counteract an odor. (j) “General cleaning product” means a soap, detergent, or other chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, or otherwise care for fabric, dishes, or other wares; surfaces including, but not limited to, floors, furniture, countertops, showers, and baths; or other hard surfaces, such as stovetops, microwaves, and other appliances. (k) “Intentionally added ingredient” means a chemical that a manufacturer has intentionally added to a designated product and that has a functional or technical effect in the designated product, including, but not limited to, the components of intentionally added fragrance ingredients and colorants and intentional breakdown products of an added chemical that also have a functional or technical effect in the designated product. (l) “Manufacturer” means either of the following: (1) A person or entity who manufactures the designated product and whose name appears on the product label. (2) A person or entity who the product is manufactured for or distributed by, as identified on the product label pursuant to the federal Fair Packaging and Labeling Act. (m) “Nonfunctional constituent” means one of the following substances, that is an incidental component of an intentionally added ingredient, a breakdown product of an intentionally added ingredient, or a byproduct of the manufacturing process that has no functional or technical effect on the designated product: (1) 1,4-Dioxane. (2) 1,1-Dichloroethane. (3) Acrylic acid. (4) Benzene. (5) Benzidine. (6) 1,3-Butadiene. (7) Carbon tetrachloride. (8) Chloroform. (9) Ethylene oxide. (10) Nitrilotriacetic acid. (11) Butyl benzyl phthalate. (12) Butyl decyl phthalate. (13) Di(2-ethylhexyl) phthalate. (14) Diethyl phthalate. (15) Diisobutyl phthalate. (16) Di(n-octyl) phthalate. (17) Diisononyl phthalate. (18) Dioctyl phthalate. (19) Butylparaben. (20) Ethylparaben. (21) Isobutylparaben. (22) Methylparaben. (23) Propylparaben. (24) Formaldehyde. (25) 1-(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride. (26) DMDM hydantoin. (27) Diazolidinyl urea. (28) Glyoxal. (29) Imidazolidinyl urea. (30) Polyoxymethylene urea. (31) Sodium hydroxymethylglycinate. (32) 2-Bromo-2-nitropropane-1,3-diol. (33) N-Nitrosodimethylamine. (34) N-Nitrosodiethylamine. (n) “Polish or floor maintenance product” means a chemically formulated consumer product, such as polish, wax, or a restorer, labeled to indicate that the purpose of the product is to polish, protect, buff, condition, temporarily seal, or maintain furniture, floors, metal, leather, or other surfaces. (o) “Product label” means a display of written, printed, or graphic material that is affixed to a product or its immediate container or wrapper. (Amended by Stats. 2018, Ch. 28, Sec. 1. (AB 2901) Effective January 1, 2019.)
  131. 108954.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    Manufacturers of designated products sold in the state must put specified ingredient and contact information on the product label, subject to listed options and exceptions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. ) ## 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) (A) A list of each intentionally added ingredient contained in the product that is included on a designated list. (B) A list of each fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004 on January 1, 2018, when present in the product at a concentration at or above 0.01 percent (100 ppm). The manufacturer shall determine the total concentration of each fragrance allergen by adding contributions of the fragrance allergen from all fragrance ingredients and other ingredients in the designated product, including its presence in essential oils. (C) Notwithstanding subparagraph (A), an intentionally added ingredient that is known to the State of California to cause cancer or reproductive toxicity and is included on a designated list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall not be required to be listed on the designated product label until January 1, 2023. (2) (A) A list of all intentionally added ingredients contained in the designated product, unless it is confidential business information. (B) A statement that reads “Contains fragrance allergen(s)” shall be included on the product label when a fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations, is present in the product at a concentration at or above 0.01 percent (100 ppm). The manufacturer shall determine the total concentration of each fragrance allergen by adding contributions of the fragrance allergen from all fragrance ingredients and other ingredients in the designated product, including its presence in essential oils. (C) Notwithstanding subparagraph (A), fragrance ingredients or colorants may be listed on the product label as “fragrances” or “colorants,” respectively. (D) Notwithstanding subparagraph (A), an intentionally added ingredient that is known to the State of California to cause cancer or reproductive toxicity and is included on a designated list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall not be required to be listed on the designated product label until January 1, 2023. (b) (1) A manufacturer of a designated product sold in the state shall disclose the manufacturer’s toll-free telephone number and Internet Web site address on the designated product label. (2) If a designated product label does not include a full list of intentionally added ingredients, it shall include all of the following: (A) A statement that reads:“For more ingredient information visit” (B) An address for an Internet Web site that provides all of the information required by Section 108954.5. (C) A toll-free phone number. (c) This section shall not apply to a product that is a pesticide as defined in Section 12753 of the Food and Agricultural Code. (d) This section shall not be construed to preclude a manufacturer from using technologies, such as electronic or digital link, in addition to the disclosures required to be printed on a designated product label, to communicate the information required by this section. (Added by Stats. 2017, Ch. 830, Sec. 1. (SB 258) Effective January 1, 2018.)
  132. 108954.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    Manufacturers of designated products sold in the state must post specified ingredient and fragrance information on a website, and some products must also provide an easily printable version.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 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 information related to the designated product: (1) (A) A list of each intentionally added ingredient contained in the product, except for the following: (i) Fragrance ingredients subject to subdivision (b). (ii) Intentionally added ingredients that are confidential business information. (B) Notwithstanding subparagraph (A), an ingredient that is known to the State of California to cause cancer or reproductive toxicity pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall not be required to be listed until January 1, 2023. (C) Intentionally added ingredients listed pursuant to this paragraph shall be listed in descending order of predominance by weight in the product, except that ingredients present at a weight below one percent may be listed following the other ingredients without respect to the order of predominance by weight. (2) (A) A list of all nonfunctional constituents present in the designated product at a concentration at or above 0.01 percent (100 ppm). (B) Notwithstanding subparagraph (A), a nonfunctional constituent that is known to the State of California to cause cancer or reproductive toxicity pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20), and triggers a product warning pursuant to that act, shall be included on the list of nonfunctional constituents. (C) Notwithstanding subparagraphs (A) and (B), 1, 4 dioxane shall be listed if it is present in the finished designated product at a concentration at or above 0.001 percent (10 ppm). (3) The Chemical Abstracts Service (CAS) number for any intentionally added ingredient or nonfunctional constituent listed pursuant to this section shall be listed with the name of the intentionally added ingredient or nonfunctional constituent. If a CAS number is not available or if the intentionally added ingredient is confidential business information, the phrase “not available” or “withheld,” respectively, shall be used in place of the CAS number. (4) The functional purpose served by each intentionally added ingredient listed pursuant to this section. For fragrance ingredients or colorants, the manufacturer may list the function as a “fragrance ingredient” or “colorant.” (5) Electronic links for designated lists shall be grouped together in a single location for any intentionally added ingredient or nonfunctional constituent that is included on a designated list and any fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations. (6) A link to the hazard communication safety data sheet for the designated product. (7) If a product is required to include an Internet Web site address pursuant to paragraph (1) of subdivision (b) of Section 108954, the information required to be provided by this section shall be posted no more than five clicks from the Uniform Resource Locator (URL) printed on the designated product label and no more than four clicks from a product-specific Internet Web site. If a URL is not required to be included on the designated product label, as provided in subdivision (d), the information required by this section shall be posted no more than five clicks from the manufacturer’s Internet Web site and no more than four clicks from a product-specific Internet Web site. (b) In addition to the information required by subdivision (a), the manufacturer of a designated product sold in the state shall post on its Internet Web site, in an electronically readable format, all of the following information related to fragrance ingredients or allergens contained in the designated product: (1) A list of all fragrance ingredients that are included on a designated list. (2) A list of all fragrance allergens included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations, when present in the product at a concentration at or above 0.01 percent (100 ppm). The manufacturer shall determine the total concentration of each fragrance allergen by adding contributions of the fragrance allergen from all fragrance ingredients and other ingredients in the designated product, including its presence in essential oils. (3) Notwithstanding paragraph (1), a fragrance ingredient that is known to the State of California to cause cancer or reproductive toxicity and is included on a designated list pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) shall not be required to be listed until January 1, 2023. (4) A list of all fragrance ingredients, other than those described in paragraphs (1) to (3), inclusive, that are present in the designated product at a concentration at or above 0.01 percent (100 ppm), unless it is confidential business information. (c) A manufacturer of a designated product regulated under the federal Occupational Safety and Health Act of 1970 shall make the information described in paragraphs (1) to (4), inclusive, of subdivision (a) and in subdivision (b) available in an easily printable format. A manufacturer may satisfy this requirement by including this information on the product safety data sheet or in a separate printable list. (d) A manufacturer of a designated product regulated pursuant to Section 12753 of the Food and Agricultural Code as a pesticide is not required to include a reference to an Internet Web site on the designated product label. (Added by Stats. 2017, Ch. 830, Sec. 1. (SB 258) Effective January 1, 2018.)
  133. 108955.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    Manufacturers may keep certain intentionally added ingredients confidential, but must use generic names in specified cases and provide justification on request; suppliers must follow the same naming guidelines.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. ) ## 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 intentionally added ingredient, including a fragrance ingredient, or nonfunctional constituent or to disclose how a product is manufactured, and shall not be construed to require intentionally added ingredients or nonfunctional constituents present in a designated product at a concentration below one percent to be listed in any particular order. (b) (1) A manufacturer may protect and is not required to disclose any intentionally added ingredient, including any fragrance ingredient, or combination of intentionally added ingredients that meet the definition of confidential business information as specified in subdivision (e) of Section 108952. (2) (A) A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients as confidential business information by declining to disclose the specific name of the chemical or chemicals being protected shall use the generic name for the intentionally added ingredient or combination of intentionally added ingredients as provided in the federal Toxic Substances Control Act (TSCA) Confidential Inventory. (B) If the intentionally added ingredient or combination of intentionally added ingredients is not included in the TSCA Confidential Inventory, but the manufacturer claims protection for those ingredients or combination of ingredients as confidential business information under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), the manufacturer shall use a name for the intentionally added ingredient or combination of intentionally added ingredients that is only as generic as necessary to protect the confidential identity of the intentionally added ingredient or combination of intentionally added ingredients. In developing the generic name, the manufacturer shall use the generic name framework provided by the federal Environmental Protection Agency guidance for the TSCA Confidential Inventory, the European Chemicals Agency guidance for alternative chemical names, the New Jersey Trade Secret Registry Number system, or the Canadian Hazardous Materials Information Review Act Registry Number system, if applicable. (c) A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients pursuant to the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code) shall maintain justification for protecting confidential business information consistent with the requirements of the act and provide that justification on request for audit by the Attorney General. (d) A supplier to a manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients as confidential business information shall follow the guidelines specified in subdivisions (b) and (c) and the manufacturer shall use the generic name provided by the supplier. (Amended by Stats. 2018, Ch. 28, Sec. 2. (AB 2901) Effective January 1, 2019.)
  134. 108955.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    Ingredients, fragrance ingredients, and nonfunctional constituents listed or posted under this chapter must use the chapter’s naming order: HCPA Dictionary or INCI first, then IUPAC, then Chemical Abstracts Index name, then Common Chemical Name.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. ) ## 108955.5. An intentionally added ingredient, fragrance ingredient, or nonfunctional constituent listed or posted pursuant to this chapter, other than an ingredient for which use of a generic name is permitted by Section 108955, shall be listed or posted pursuant to the following nomenclature systems, in the order in which they are listed. If a name is available in either of the first listed systems, that name shall be used. If a name is not available in those systems, then a name from the next listed system shall be used, and so forth. (a) Household and Commercial Products Association Consumer Product Ingredients Dictionary (HCPA Dictionary) or International Nomenclature of Cosmetic Ingredients (INCI). (b) International Union of Pure and Applied Chemistry nomenclature (IUPAC). (c) Chemical Abstracts Index name. (d) Common Chemical Name. (Amended by Stats. 2018, Ch. 28, Sec. 3. (AB 2901) Effective January 1, 2019.)
  135. 108956.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    This section sets when cleaning-product disclosure rules start, allows certain pre-2021 labeling, and gives manufacturers deadlines to update online and label disclosures after list changes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. ) ## 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 product label disclosure requirements described in Section 108954 shall apply to a designated product sold in the state on or after January 1, 2021. (c) A manufacturer may label a designated product manufactured before January 1, 2021, in accordance with this chapter. (d) A designated product manufactured prior to the dates specified in subdivisions (a), (b), and (c), shall be deemed in compliance with the requirements of this chapter if the designated product displays either of the following on the designated product: (1) The day, month, and year of manufacture of the product. (2) A code indicating the date described in paragraph (1). (e) A manufacturer that is required to make a revision to information disclosed online pursuant to Section 108954.5 due to a change in a designated trait list or in Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004 shall make the revision no later than six months after the adoption of the revised list by its authoritative body, unless a later effective date for changes is imposed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) or Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004. (f) A manufacturer that is required to make a revision to information disclosed on a product label pursuant to Section 108954 due to a change in a designated trait list or in Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004 shall make the revision no later than 18 months after the adoption of the revised list by its authoritative body, unless a later effective date for changes is imposed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20) or Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004. (g) A manufacturer shall make any revision required as a result of a change in the chemical naming protocols set out in Section 108955.5 when it revises its label pursuant to subdivision (f) of this section. (h) A designated product manufactured prior to the expiration of the time periods described in subdivision (e) or (f) shall be deemed in compliance with this chapter if the designated product displays either of the following on the designated product: (1) The day, month, and year of manufacture of the product. (2) A code indicating the date described in paragraph (1). (i) If a manufacturer uses a code to indicate the date on the product, the manufacturer shall provide a statement on the manufacturer’s Internet Web site that indicates that the information on the date of manufacture of a designated product may be obtained by calling a toll-free phone number and shall provide the toll-free phone number, or post on the manufacturer’s Internet Web site how to determine the date from the code on the designated product. (Added by Stats. 2017, Ch. 830, Sec. 1. (SB 258) Effective January 1, 2018.)
  136. 108958.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    A designated product may not be sold in the state unless the product and its manufacturer comply with this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. ) ## 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. (Added by Stats. 2017, Ch. 830, Sec. 1. (SB 258) Effective January 1, 2018.)
  137. 108960.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. )

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    This section says the chapter does not limit the Department of Toxic Substances Control’s authority to act on cleaning products.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13. Cleaning Product Right to Know Act of 2017 [108950 - 108960] ( Chapter 13 added by Stats. 2017, Ch. 830, Sec. 1. ) ## 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 pursuant to its authority under Chapter 6.5 (commencing with Section 25251) of Division 20 and consistent with this act. (Added by Stats. 2017, Ch. 830, Sec. 1. (SB 258) Effective January 1, 2018.)
  138. 108970.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13.5. Textile Articles [108970 - 108971] ( Chapter 13.5 added by Stats. 2022, Ch. 762, Sec. 2. )

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    This section defines terms used for textile-article PFAS rules, including apparel, textile articles, PFAS, and regulated PFAS.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13.5. Textile Articles [108970 - 108971] ( Chapter 13.5 added by Stats. 2022, Ch. 762, Sec. 2. ) ## 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 regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for workwear. Clothing items intended for regular wear or formal occasions does not include personal protective equipment or clothing items for exclusive use by the United States military. (2) Outdoor apparel. (3) Outdoor apparel for severe wet conditions. (b) “Manufacturer” has the same meaning as that term is defined in Section 108952. (c) “Outdoor apparel” means clothing items intended primarily for outdoor activities, including, but not limited to, hiking, camping, skiing, climbing, bicycling, and fishing. (d) “Outdoor apparel for severe wet conditions” means outdoor apparel that are extreme and extended use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use. Examples of extreme and extended use products include outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering. (e) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (f) “Personal protective equipment” means equipment worn to minimize exposure to hazards that cause serious workplace injuries and illnesses that may result from contact with chemical, radiological, physical, biological, electrical, mechanical, or other workplace or professional hazards. (g) “Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS” means either of the following: (1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product. (2) The presence of PFAS in a product or product component at or above the following thresholds, as measured in total organic fluorine: (A) Commencing January 1, 2025, 100 parts per million. (B) Commencing January 1, 2027, 50 parts per million. (h) “Textile” means any item made in whole or part from a natural, manmade, or synthetic fiber, yarn, or fabric, and includes, but is not limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon, or polyester. “Textile” does not include single-use paper hygiene products, including, but not limited to, toilet paper, paper towels or tissues, or single-use absorbent hygiene products. For purposes of this subdivision, “single use” has the same meaning as in Section 42041 of the Public Resources Code. (i) (1) “Textile articles” means textile goods of a type customarily and ordinarily used in households and businesses, and include, but are not limited to, apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and tablecloths. (2) “Textile articles” does not include any of the following: (A) Any of the following items regulated under the Safer Consumer Products Program (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations): (i) Carpets and rugs. (ii) Treatments containing PFAS for use on converted textiles or leathers. (B) A vehicle, as defined in Section 670 of the Vehicle Code, including, but not limited to, an off-highway motor vehicle, as defined in Section 38012 of the Vehicle Code, or its component parts. (C) A vessel, as defined in Section 21 of the Harbors and Navigation Code, or its component parts, such as boat covers. (D) Filtration media and filter products used in industrial applications, including, but not limited to, chemical or pharmaceutical manufacturing, and environmental control technologies. (E) Textile articles used in or for laboratory analysis and testing. (F) An aircraft, as defined in Section 21012 of the Public Utilities Code, or its component parts. (G) Stadium shades or other architectural fabric structures. For purposes of this subparagraph, “architectural fabric structure” means a permanent fabric structure that is intrinsic to a building’s design or construction. (Added by Stats. 2022, Ch. 762, Sec. 2. (AB 1817) Effective January 1, 2023.)
  139. 108971.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13.5. Textile Articles [108970 - 108971] ( Chapter 13.5 added by Stats. 2022, Ch. 762, Sec. 2. )

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    This section generally bans new textile articles containing PFAS, with a limited delay for outdoor apparel for severe wet conditions and a disclosure requirement for those products starting January 1, 2025.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 13.5. Textile Articles [108970 - 108971] ( Chapter 13.5 added by Stats. 2022, Ch. 762, Sec. 2. ) ## 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, not previously used, textile articles that contain regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. (2) Paragraph (1) does not apply to outdoor apparel for severe wet conditions until January 1, 2028. However, commencing January 1, 2025, no person shall distribute, sell, or offer for sale in the state any new, not previously used, outdoor apparel for severe wet conditions that contain regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS unless it is accompanied by a legible and easily discernable disclosure with the statement “Made with PFAS chemicals,” including for online listings of products for sale. (b) A manufacturer shall use the least toxic alternative, including alternative design, when removing regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS in textile articles to comply with this chapter. (c) A manufacturer of a textile article shall provide persons that offer the product for sale or distribution in the state with a certificate of compliance stating that the textile article is in compliance with the requirements of this chapter and does not contain any regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. A certificate of compliance provided pursuant to this subdivision shall be signed by an authorized official of the manufacturer. The certificate of compliance may be provided electronically. (d) A distributor or retailer of a textile article, if they are not also the manufacturer of the product, shall not be held in violation of this chapter if they relied in good faith on the certificate of compliance provided by the manufacturer pursuant to subdivision (c). (Added by Stats. 2022, Ch. 762, Sec. 2. (AB 1817) Effective January 1, 2023.)
  140. 108980.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14. Cosmetic Safety [108980 - 108982] ( Chapter 14 added by Stats. 2020, Ch. 314, Sec. 1. )

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    This section bans cosmetics with specified ingredients on set dates, sets musk ketone limits for some product types, and requires a warning label for boric acid vaginal suppositories starting in 2027.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14. Cosmetic Safety [108980 - 108982] ( Chapter 14 added by Stats. 2020, Ch. 314, Sec. 1. ) ## 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 any of the following intentionally added ingredients: (1) Dibutyl phthalate (CAS no. 84-74-2). (2) Diethylhexyl phthalate (CAS no. 117-81-7). (3) Formaldehyde (CAS no. 50-00-0). (4) Paraformaldehyde (CAS no. 30525-89-4). (5) Methylene glycol (CAS no. 463-57-0). (6) Quaternium-15 (CAS no. 51229-78-8). (7) Mercury (CAS no. 7439-97-6). (8) Isobutylparaben (CAS no. 4247-02-3). (9) Isopropylparaben (CAS no. 4191-73-5). (10) m-Phenylenediamine and its salts (CAS no. 108-45-2). (11) o-Phenylenediamine and its salts (CAS no. 95-54-5). (12) The following per- and polyfluoroalkyl substances (PFAS) and their salts: (A) Perfluorooctane sulfonate (PFOS); heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1). (B) Potassium perfluorooctanesulfonate; potassium heptadecafluorooctane-1-sulfonate (CAS no. 2795-39-3). (C) Diethanolamine perfluorooctane sulfonate (CAS 70225-14-8). (D) Ammonium perfluorooctane sulfonate; ammonium heptadecafluorooctanesulfonate (CAS 29081-56-9). (E) Lithium perfluorooctane sulfonate; lithium heptadecafluorooctanesulfonate (CAS 29457-72-5). (F) Perfluorooctanoic acid (PFOA)(CAS no. 335-67-1). (G) Ammonium pentadecafluorooctanoate (CAS no. 3825-26-1). (H) Nonadecafluorodecanoic acid (CAS no. 355-76-2). (I) Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7). (J) Sodium nonadecafluorodecanoate (CAS no. 3830-45-3). (K) Perfluorononanoic acid (PFNA)(CAS no. 375-95-1). (L) Sodium heptadecafluorononanoate (CAS no. 21049-39-8). (M) Ammonium perfluorononanoate (CAS no. 4149-60-4). (b) Except as provided in paragraph (2) of subdivision (f), commencing January 1, 2027, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients: (1) Lily aldehyde (CAS no. 80-54-6). (2) Acetaldehyde (CAS no. 75-07-0). (3) Cyclohexylamine (CAS no. 108-91-8). (4) Cyclotetrasiloxane (CAS no. 556-67-2). (5) Phytonadione (CAS no. 84-80-0). (6) Sodium perborate (CAS no. 15120-21-5). (7) Styrene (CAS no. 100-42-5). (8) Trichloroacetic acid (CAS no. 76-03-9). (9) Tricresyl phosphate (CAS no. 1330-78-5). (10) Vinyl acetate (CAS no. 108-05-4). (11) 2-Chloracetamide (CAS no. 79-07-2). (12) Allyl isothiocyanate (CAS no. 57-06-7). (13) Anthraquinone (CAS no. 84-65-1). (14) Malachite green (CAS no. 569-64-2). (15) Oil from the seeds of Laurus nobilis L. (CAS no. 84603-73-6). (16) Pyrogallol (CAS no. 87-66-1). (17) C.I. disperse blue 1 (CAS no. 2475-45-8). (18) Trisodium nitrilotriacetate (CAS no. 5064-31-3). (19) The following boron substances: (A) Perboric acids: (i) Sodium salt (CAS no. 11138-47-9). (ii) Sodium salt, monohydrate (CAS no. 12040-72-1). (iii) Sodium perborate monohydrate (CAS no. 10332-33-9). (B) Boric acid (CAS nos. 10043-35-3 and 11113-50-1). (C) Borates, tetraborates, octaborates, and boric acid salts and esters, including all of the following: (i) Disodium octaborate anhydrous (CAS no. 12008-41-2). (ii) Disodium octaborate tetrahydrate (CAS no. 12280-03-4). (iii) 2-Aminoethanol, monoester with boric acid (CAS no. 10377-81-8). (iv) 2-Hydroxypropyl ammonium dihydrogen orthoborate (CAS no. 68003-13-4). (v) Potassium borate, boric acid potassium salt (CAS no. 12712-38-8). (vi) Trioctyldodecyl borate. (vii) Zinc borate (CAS no. 1332-07-6). (viii) Sodium borate, disodium tetraborate anhydrous; boric acid, sodium salt (CAS no. 1330-43-4). (ix) Tetraboron disodium heptaoxide, hydrate (CAS no. 12267-73-1). (x) Orthoboric acid, sodium salt (CAS no. 13840-56-7). (xi) Disodium tetraborate decahydrate; borax decahydrate (CAS no. 1303-96-4). (xii) Disodium tetraborate pentahydrate; borax pentahydrate (CAS no. 12179-04-3). (20) C.I. disperse blue 3 (CAS no. 2475-46-9). (21) Basic green 1 (CAS no. 633-03-4). (22) Basic blue 7 (CAS no. 2390-60-5). (23) 3(or5)-((4-(benzylmethylamino)phenyl)azo)-1,2 -(or1,4)-dimethyl-1H-1,2,4-triazolium and its salts (CAS nos. 89959-98-8 and 12221-69-1). (24) Basic violet 4 (CAS no. 2390-59-2). (25) Basic blue 3 (CAS no. 33203-82-6). (26) Basic blue 9 (CAS no. 61-73-4). (27) Musk ambrette (CAS no. 83-66-9). (28) Musk tibetene (CAS no.145-39-1). (29) Musk moskene (CAS no. 116-66-5). (30) Musk xylene (CAS no. 81-15-2). (c) (1) Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce a cosmetic product that contains more than 1.4 percent in fine fragrance products, 0.56 percent in eau de toilette, 0 percent in oral products, and 0.042 percent in all other products of musk ketone (CAS no. 81-14-1). (2) “Oral products” means a cosmetic product that is intended to be applied on teeth or the mucous membranes of the oral cavity. (d) If a cosmetic product made through manufacturing processes intended to comply with this chapter contains a technically unavoidable trace quantity of an ingredient listed in subdivision (a) or (b) and that trace quantity stems from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging, that trace quantity shall not cause the cosmetic product to be in violation of this section. (e) For purposes of this section, “ingredient” has the same meaning as defined in Section 111791.5. (f) (1) Commencing January 1, 2027, a person or entity that manufactures, sells, delivers, holds, or offers for sale in commerce a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) shall include on the product label the following statement: “WARNING: IT IS RECOMMENDED TO CONSULT WITH A DOCTOR BEFORE USE, particularly if you have sensitivity in your lower pelvis or abdomen, a sexually transmitted disease (STD), pelvic inflammatory disease (PID), vaginal bleeding, sores, ulcerations, nausea, fever, or chills. Do not use on broken or irritated skin. Stop use and contact a doctor if symptoms persist or worsen, or if you experience irritation, burning, bleeding, or cramping. NOT FOR ORAL CONSUMPTION. FOR VAGINAL USE ONLY. DO NOT USE IF PREGNANT, TRYING TO CONCEIVE, OR NURSING. IF YOU BECOME PREGNANT WHILE USING THIS PRODUCT, DISCONTINUE USE IMMEDIATELY. If swallowed, get medical help or contact Poison Control Center immediately. Some boric acid suppository products may break down a condom—ensure product has completely dissolved before having sex.” (2) Commencing January 1, 2035, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce a vaginal suppository product that contains intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1). (3) Paragraphs (1) and (2) shall not apply to a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) if the product becomes regulated as a drug by the United States Food and Drug Administration. (Amended by Stats. 2025, Ch. 432, Sec. 2.5. (AB 60) Effective January 1, 2026.)
  141. 108981.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14. Cosmetic Safety [108980 - 108982] ( Chapter 14 added by Stats. 2020, Ch. 314, Sec. 1. )

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    The Legislature states that PFAS are highly toxic, persistent chemicals and says it intends to prohibit the sale or distribution of beauty or personal care products containing PFAS chemicals.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14. Cosmetic Safety [108980 - 108982] ( Chapter 14 added by Stats. 2020, Ch. 314, Sec. 1. ) ## 108981. The Legislature finds and declares all of the following: (a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as “PFAS,” are highly toxic and highly persistent in the environment. (b) PFAS are referred to as “forever chemicals” because they are extremely resistant to degradation in the natural environment, including the water, the soil, the air, and our bodies, because of their carbon-fluorine bond, one of the strongest bonds known in nature. (c) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including breast and other cancers, hormone disruption, kidney and liver damage, thyroid disease, developmental harm, and immune system disruption, including interference with vaccines. (d) PFAS are used to provide stain, grease, and water resistance in a wide variety of consumer products, including food packaging, cookware, cleaning products, rugs and carpets, home furnishings, household linens, childcare products, and apparel, including outdoor wear and beauty and personal care products. (e) Because of the widespread use of PFAS, they can be found in water, air, fish, and soil at locations across the nation and the globe. Due to this widespread use, the federal Centers for Disease Control and Prevention’s National Health and Nutrition Examination Survey (NHANES) found PFAS in the blood of 97 percent of Americans, suggesting virtually ubiquitous exposure of Californians to these highly toxic chemicals. This widespread use has also resulted in broad PFAS dispersal in indoor and outdoor environments, including the PFAS contamination of the drinking water of approximately 16 million Californians, particularly in disadvantaged communities, of breast milk, and of indoor and outdoor air. (f) The European Union has committed in its “Chemicals Strategy for Sustainability Towards a Toxic-Free Environment” to phasing out PFAS unless a specific use is proven essential for society, in part because the costs from exposure to PFAS in Europe have been estimated between fifty-two billion euros (€52,000,000,000) and eighty-four billion euros (€84,000,000,000) per year, or between fifty-eight billion dollars ($58,000,000,000) and ninety-five billion dollars ($95,000,000,000). (g) The Legislature has acted to protect Californians from exposure to PFAS by recently enacting laws to ban firefighting foams, paper-based food packaging, and specified children’s products containing any of the full class of PFAS chemicals. The Legislature has also acted to restrict the total PFAS concentration in products labeled compostable, and in products labeled recyclable. In 2020, the Legislature also acted to ban the use of 13 specified PFAS substances in cosmetic products. (h) PFAS chemicals have been found in a wide variety of cosmetics and personal care products, including foundation, mascara, lipstick, and various eye and face products. (i) The Legislature intends to protect the health of Californians and the environment by prohibiting the sale or distribution of any beauty or personal care product containing PFAS chemicals. (Added by Stats. 2022, Ch. 804, Sec. 1. (AB 2771) Effective January 1, 2023.)
  142. 108981.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14. Cosmetic Safety [108980 - 108982] ( Chapter 14 added by Stats. 2020, Ch. 314, Sec. 1. )

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    Starting January 1, 2025, no person or entity may manufacture, sell, deliver, hold, or offer for sale cosmetic products containing intentionally added PFAS.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14. Cosmetic Safety [108980 - 108982] ( Chapter 14 added by Stats. 2020, Ch. 314, Sec. 1. ) ## 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 intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (Added by Stats. 2022, Ch. 804, Sec. 2. (AB 2771) Effective January 1, 2023.)
  143. 108982.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14. Cosmetic Safety [108980 - 108982] ( Chapter 14 added by Stats. 2020, Ch. 314, Sec. 1. )

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    This section defines key terms for cosmetic safety, including cosmetic product, PFAS, intentionally added PFAS, and product label.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14. Cosmetic Safety [108980 - 108982] ( Chapter 14 added by Stats. 2020, Ch. 314, Sec. 1. ) ## 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 intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. (b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (c) “Intentionally added PFAS” means either of the following: (1) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product. (2) PFAS chemicals that are intentional breakdown products of an added chemical. (d) “Product label” means a display of written, printed, or graphic matter upon a cosmetic product or upon its immediate container. (Amended by Stats. 2025, Ch. 208, Sec. 3. (SB 39) Effective October 1, 2025.)
  144. 108985.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. )

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    This section defines “Department” and “hair relaxer product” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. ) ## 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 product” means a cosmetic product, as defined in Section 108982, that is sold either as an individual component or as a kit with multiple components and is designed to permanently straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a person’s hair. (Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)
  145. 108985.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. )

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    The department must adopt regulations by January 1, 2030 to implement, interpret, enforce, or make specific this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. ) ## 108985.1. On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter. (Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)
  146. 108985.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. )

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    The department must identify and publish certain third-party laboratory accreditations for testing hair relaxer products by January 1, 2028, and it may publish and update accepted testing methods and ingredient lists.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. ) ## 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 for the testing of hair relaxer products for the presence of all of the following intentionally added ingredients: (A) Formaldehyde (CAS no. 50-00-0). (B) Isobutylparaben (CAS no. 4247-02-3). (C) Isopropylparaben (CAS no. 4191-73-5). (D) Cyclohexylamine (CAS no. 108-91-8). (E) Cyclotetrasiloxane (CAS no. 556-67-2), (F) Diethanolamine perfluorooctane sulfonate (CAS no. 70225-14-8). (G) Dibutyl phthalate (CAS no. 84-74-2). (H) Diethylhexyl phthalate (CAS no. 117-81-7). (I) Lily aldehyde (CAS no. 80-54-6). (2) The department may publish on its internet website a list of accepted testing methods for the testing of hair relaxer products for the presence of the ingredients described in paragraph (1). (b) (1) The department may update the list of accepted testing methods as necessary. (2) The department may update the list of intentionally added ingredients described in subdivision (a) to include additional ingredients described in Chapter 14 (commencing with Section 108980). (Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)
  147. 108985.3.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. )

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    Hair relaxer products are subject to a prohibition on manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product with an intentionally added ingredient listed in Chapter 14.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. ) ## 108985.3. Hair relaxer products are subject to the prohibition against manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product containing an intentionally added ingredient specified in Chapter 14 (commencing with Section 108980). (Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)
  148. 108985.4.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. )

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    The department may ask a manufacturer for technical documentation, and the manufacturer must provide it. The department may also test hair relaxer products for enforcement purposes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. ) ## 108985.4. (a) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance of a hair relaxer product with Chapter 14 (commencing with Section 108980) for the ingredients described in Section 108985.2. (b) The department may test hair relaxer products to support enforcement of this chapter. (Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)
  149. 108985.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. )

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    The department must issue a notice of violation to a person or entity when specified testing, label review, or violation findings trigger this section.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. ) ## 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 product or review of a hair relaxer product’s ingredient label indicates that a hair relaxer product contains an intentionally added ingredient described in Section 108985.2. (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 or both of the following: (1) Assess an administrative or civil penalty against the person or entity. (2) Require compliance with Chapter 14 (commencing with Section 108980) through specified methods, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state. (Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)
  150. 108985.6.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. )

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    Violating the chapter’s rules on certain cosmetic products can lead to civil and/or administrative penalties, with a minimum penalty of $10,000, and the Attorney General may seek injunctions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. ) ## 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 of a cosmetic product containing any of the ingredients described in Section 108985.2 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 penalty for a violation of this chapter, the department or 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 attorney’s fees and costs by the court. (Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)
  151. 108985.7.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. )

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    This section creates the C.U.R.L. Act Fund and directs certain penalty money into it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 14.5. Hair Relaxers [108985 - 108985.7] ( Chapter 14.5 added by Stats. 2025, Ch. 598, Sec. 2. ) ## 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 108985.6 shall be deposited in the C.U.R.L. Act Fund. (b) Upon appropriation by the Legislature, moneys in the C.U.R.L. Act Fund shall be available for the department’s reasonable costs of implementing this chapter. (c) (1) The department’s 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 department’s 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 department’s 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 department’s activities pursuant to this chapter. (Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.)
  152. 109000.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 1. Plant-Based Food Packaging Containing PFAS [109000- 109000.] ( Article 1 added by Stats. 2021, Ch. 503, Sec. 1. )

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    This section defines PFAS-related terms and bans selling or distributing food packaging with regulated PFAS in California starting January 1, 2023. Manufacturers must use the least toxic alternative when replacing those substances.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 1. Plant-Based Food Packaging Containing PFAS [109000- 109000.] ( Article 1 added by Stats. 2021, Ch. 503, Sec. 1. ) ## 109000. (a) For purposes of this article, the following terms have the following definitions: (1) “Food packaging” means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages, and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. “Food packaging” includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays. (2) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (3) “Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS” means either of the following: (A) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product. (B) The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine. (b) Commencing on January 1, 2023, no person shall distribute, sell, or offer for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. (c) A manufacturer shall use the least toxic alternative when replacing regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS in food packaging to comply with this article. (Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.)
  153. 109010.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. )

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    This section defines key terms for cookware chemical disclosure rules.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. ) ## 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 restaurants to prepare, dispense, or store food, foodstuffs, or beverages. “Cookware” includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils. (b) “Designated list” means the list of chemicals identified as candidate chemicals that exhibit a hazard trait or an environmental or toxicological endpoint that meets the criteria specified in regulations adopted by the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20, and is published on the Department of Toxic Substances Control’s internet website pursuant to those regulations. (c) “Intentionally added chemical” means a chemical that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product, including the components of intentionally added chemicals and intentional breakdown products of an added chemical that also have a functional or technical effect in the product. (d) “Manufacturer” means either of the following: (1) A person or entity who manufactures the cookware and whose name appears on the product label. (2) A person or entity who the cookware is manufactured for or distributed by, identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.). (e) “Product label” means a display of written, printed, or graphic material that appears on, or is affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a consumer, if the product has an exterior container or wrapper. (Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.)
  154. 109011.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. )

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    Cookware manufacturers must label certain products with required chemical-disclosure text and make that disclosure visible and legible to consumers, including online.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. ) ## 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 designated list in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of those chemicals on the product label. The list of intentionally added chemicals shall be introduced by the phrase “This product contains:”, and shall include on the product label a statement, in both English and Spanish, that reads: “For more information about chemicals in this product, visit”, followed by both of the following: (1) An internet website address for a web page that provides all of the information required by Section 109012. (2) A quick response (QR) code or other machine-readable code, consisting of an array of squares, used for storing an internet website for a web page that provides all of the information required by Section 109012. (b) A manufacturer of cookware sold in the state shall ensure that the statement required on the product label by subdivision (a) is visible and legible to the consumer, including on the product listing for online sales. (c) (1) Except as provided in paragraph (2), cookware that meets both of the following requirements is exempt from the requirements of this section: (A) The surface area of the cookware cannot fit a product label of at least two square inches. (B) The cookware does not have either of the following: (i) An exterior container or wrapper on which a product label can appear or be affixed. (ii) A tag or other attachment with information about the product attached to the cookware. (2) A manufacturer of cookware sold in the state shall ensure that the statement otherwise required on a product label by subdivision (a) is included on the product listing for online sales pursuant to subdivision (b). (Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.)
  155. 109012.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. )

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    Certain cookware manufacturers must post specified chemical information on the cookware’s website starting January 1, 2023.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. ) ## 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 list in the handle of the product or in any cookware surface that comes into contact with food, foodstuffs, or beverages shall post on the internet website for the cookware all of the following: (a) A list of all chemicals in the cookware that are also present on the designated list. (b) The names of the authoritative list or lists referenced by the Department of Toxic Substances Control in compiling the designated list on which each chemical in the cookware is present. (c) A link to the internet website for the authoritative list or lists identified pursuant to subdivision (b). (Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.)
  156. 109013.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. )

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    A manufacturer may not claim cookware is free of a specific chemical if that chemical is on the designated list, unless no individual chemical from that group or class is intentionally added.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. ) ## 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 that the cookware is free of any specific chemical if the chemical belongs to a chemical group or class identified on the designated list, unless no individual chemical from that chemical group or class is intentionally added to the cookware. (Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.)
  157. 109014.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. )

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    Cookware with intentionally added chemicals on the designated list may not be sold, offered for sale, or distributed in the state unless the cookware and its manufacturer comply with this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 15. Chemicals of Concern in Food Packaging and Cookware [109000 - 109014] ( Chapter 15 added by Stats. 2021, Ch. 503, Sec. 1. ) ## ARTICLE 2. Chemical Disclosures for Cookware [109010 - 109014] ( Article 2 added by Stats. 2021, Ch. 503, Sec. 1. ) ## 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 comes into contact with food, foodstuffs, or beverages shall not be sold, offered for sale, or distributed in the state unless the cookware and the manufacturer of the cookware comply with this article. (Added by Stats. 2021, Ch. 503, Sec. 1. (AB 1200) Effective January 1, 2022.)
  158. 109020.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 16. Mercury-Containing Lighting [109020 - 109022] ( Chapter 16 added by Stats. 2022, Ch. 409, Sec. 1. )

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    This section defines “compact fluorescent lamp” and “linear fluorescent lamp” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 16. Mercury-Containing Lighting [109020 - 109022] ( Chapter 16 added by Stats. 2022, Ch. 409, Sec. 1. ) ## 109020. For purposes of this chapter, the following definitions apply: (a) “Compact fluorescent lamp” means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics: (1) One base (end cap) of any type, including, but not limited to, screw, bayonet, two pins, and four pins. (2) Integrally ballasted or non-integrally ballasted. (3) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS). (4) All tube diameters and all tube lengths. (5) All lamp sizes and shapes for directional and nondirectional installations, including, but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular. (b) “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics: (1) Two bases (end caps) of any type, including, but not limited to, single-pin, two-pin, and recessed double contact. (2) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the CIE CAM02-UCS. (3) All tube diameters, including, but not limited to, T5, T8, T10, and T12. (4) All tube lengths from 0.5 to 8.0 feet, inclusive. (5) All lamp shapes, including, but not limited to, linear, U-bend, and circular. (Added by Stats. 2022, Ch. 409, Sec. 1. (AB 2208) Effective January 1, 2023.)
  159. 109021.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 16. Mercury-Containing Lighting [109020 - 109022] ( Chapter 16 added by Stats. 2022, Ch. 409, Sec. 1. )

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    This section bans certain compact fluorescent lamps from final sale, sale at final sale, or distribution in California on specified dates.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 16. Mercury-Containing Lighting [109020 - 109022] ( Chapter 16 added by Stats. 2022, Ch. 409, Sec. 1. ) ## 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 in this state as a new manufactured product. (b) On and after January 1, 2025, a pin-base type compact fluorescent lamp or a linear fluorescent lamp shall not be offered for final sale, sold at final sale, or distributed in this state as a new manufactured product. (Added by Stats. 2022, Ch. 409, Sec. 1. (AB 2208) Effective January 1, 2023.)
  160. 109022.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 16. Mercury-Containing Lighting [109020 - 109022] ( Chapter 16 added by Stats. 2022, Ch. 409, Sec. 1. )

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    This chapter does not apply to a listed set of lamps used for specific imaging, ultraviolet, medical, manufacturing, research, and other specialized purposes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 16. Mercury-Containing Lighting [109020 - 109022] ( Chapter 16 added by Stats. 2022, Ch. 409, Sec. 1. ) ## 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, lithography, film and video projection, and holography. (b) A lamp that has a high proportion of ultraviolet light emission and is one of the following: (1) A lamp with high ultraviolet content that has ultraviolet power greater than two milliwatts per kilolumen (mW/klm). (2) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation of approximately 253.7 nanometers. (3) A lamp used for disinfection or fly trapping from which either the radiation power emitted between 250 and 315 nanometers represents at least 5 percent of, or the radiation power emitted between 315 and 400 nanometers represents at least 20 percent of, the total radiation power emitted between 250 and 800 nanometers. (4) A lamp used for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers. (5) A lamp used for coral zooxanthellae symbiosis from which the radiation power emitted between 400 and 480 nanometers represents at least 40 percent of the total radiation power emitted between 250 and 800 nanometers. (6) Any lamp used in a sunlamp product, defined as any electronic product designed to incorporate one or more ultraviolet lamps and intended for irradiation of any part of the living human body, by ultraviolet radiation with wavelengths in air between 200 and 400 nanometers, to induce skin tanning (21 CFR 1040.20(b)(9)). (c) A lamp used for medical or veterinary diagnosis or treatment, or used in a medical device. (d) A lamp used in pharmaceutical product manufacturing or quality control. (e) A lamp used for spectroscopy and photometric applications, such as, for example, UV-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring. (f) A lamp used by academic and research institutions exclusively for conducting research projects and experiments. (Added by Stats. 2022, Ch. 409, Sec. 1. (AB 2208) Effective January 1, 2023.)
  161. 109025.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 17. Food Safety [109025- 109025.] ( Chapter 17 added by Stats. 2023, Ch. 328, Sec. 2. )

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    Starting January 1, 2027, a person or entity may not make, sell, deliver, distribute, hold, or offer for sale a food product for human consumption if it contains brominated vegetable oil, potassium bromate, propylparaben, or red dye 3.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 17. Food Safety [109025- 109025.] ( Chapter 17 added by Stats. 2023, Ch. 328, Sec. 2. ) ## 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 human consumption that contains any of the following substances: (1) Brominated vegetable oil (CAS no. 8016-94-2). (2) Potassium bromate (CAS no. 7758-01-2). (3) Propylparaben (CAS no. 94-13-3). (4) Red dye 3 (CAS no. 16423-68-0). (b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation. (2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law. (Added by Stats. 2023, Ch. 328, Sec. 2. (AB 418) Effective January 1, 2024.)
  162. 109050.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 18. Chemicals in Medical Devices [109050 - 109052] ( Chapter 18 added by Stats. 2024, Ch. 562, Sec. 1. )

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    The Legislature states findings about DEHP and other ortho-phthalates in medical devices, including their health risks and use in IV bags and tubing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 18. Chemicals in Medical Devices [109050 - 109052] ( Chapter 18 added by Stats. 2024, Ch. 562, Sec. 1. ) ## 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 negative impacts on human health as determined by the United States Food and Drug Administration, the United States Environmental Protection Agency, or the Office of Environmental Health Hazard Assessment within the California Environmental Protection Agency. (b) They are used primarily to produce flexibility in plastics, mainly polyvinyl chloride (PVC). (c) This includes DEHP, the most common ‘plasticizer’ used in medical devices, including intravenous solution containers (IV bags) and IV tubing. (d) Over the course of its shelf life, DEHP leaches out of the plastic into the solution being held in the container. (e) DEHP is classified as an endocrine-disrupting compound, meaning it can interfere with the hormonal system in humans and animals. It can mimic or block the actions of hormones, leading to adverse effects on reproductive health, development, and metabolism. (f) Studies have suggested a potential link between DEHP exposure and certain types of cancer, including breast, liver, lung, and testicular cancer. The United States Environmental Protection Agency (EPA) has determined that DEHP is a probable human carcinogen, and it is included on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. (g) DEHP exposure has been associated with adverse effects on reproductive organs and fertility. It can disrupt normal reproductive development, reduce sperm quality, and affect hormone levels in both males and females. (h) DEHP is metabolized in the liver and can accumulate in the body over time. Prolonged exposure to high levels of DEHP has been shown to cause liver and kidney damage in animal studies. (i) Inhalation or ingestion of DEHP can cause respiratory irritation and allergic reactions in some individuals, particularly those with preexisting respiratory conditions or sensitivities. (j) While some major hospital systems use IV bags made with alternatives to DEHP, approximately 70 percent of California hospitals are buying and using IV bags made with DEHP. (k) DEHP dosed at varying concentrations in cell culture studies has been linked to potential multidrug resistance in breast cancer cells that may inhibit the effectiveness of breast cancer drugs. (l) Triple-negative breast cancer cells dosed in culture with DEHP have been potentially linked to multidrug resistance, inhibiting the apoptosis mechanism induced by breast cancer drugs such as tamoxifen and increasing cell proliferation in vitro. One proposed mechanism is that DEHP may serve as a mitogenic factor for estrogen receptor-positive breast cancer cells, potentially making them multidrug resistant. (Added by Stats. 2024, Ch. 562, Sec. 1. (AB 2300) Effective January 1, 2025.)
  163. 109051.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 18. Chemicals in Medical Devices [109050 - 109052] ( Chapter 18 added by Stats. 2024, Ch. 562, Sec. 1. )

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    This section defines key terms used in Chapter 18 on chemicals in medical devices.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 18. Chemicals in Medical Devices [109050 - 109052] ( Chapter 18 added by Stats. 2024, Ch. 562, Sec. 1. ) ## 109051. For purposes of this chapter, the following terms have the following definitions: (a) “DEHP” means Di(2-ethylhexyl) phthalate. (b) “Intentionally added DEHP” means DEHP that a manufacturer has intentionally added to an intravenous solution container or intravenous tubing product that has a functional or technical effect on the product. (c) “Intravenous solution containers” means a container used to house medicine, fluid, or nutrition therapy that is intravenously administered to patients in a hospital, outpatient, or other health care facility. (d) “Intravenous tubing” means any tubing used to intravenously administer fluids, medication, or nutrients directly to an adult, child, or infant. (e) “Ortho-phthalates” means a class of chemicals that are esters of ortho-phthalic acid, including all of the following: (1) Benzyl-butyl phthalate (BBP) 85-68-7. (2) Dibutyl phthalate (DBP) 84-74-2. (3) Dicyclohexyl phthalate (DCHP) 84-61-7. (4) Di-(2-ethylhexyl) phthalate (DEHP) 117-81-7. (5) Diethyl phthalate (DEP) 84-66-2. (6) Di-isobutyl phthalate (DIBP) 84-69-5. (7) Di-isodecyl phthalate (DIDP) 26761-40-0. (8) Di-isononyl phthalate (DINP) 28553-12-0. (9) Di-n-hexyl phthalate (DnHP) 84-75-3. (10) Di-n-octyl phthalate (DNOP) 117-84-0. (11) Di-n-pentyl (DnPP) phthalate 131-18-0. (12) Diisoheptyl phthalate (DIHP) 71888-89-6. (f) “Unintentionally added DEHP” means DEHP in an intravenous solution container or intravenous tubing product that is not used for functional or technical effect on the product. (Added by Stats. 2024, Ch. 562, Sec. 1. (AB 2300) Effective January 1, 2025.)
  164. 109052.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 18. Chemicals in Medical Devices [109050 - 109052] ( Chapter 18 added by Stats. 2024, Ch. 562, Sec. 1. )

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    This section bans certain DEHP-containing intravenous products in California, sets a 0.1% w/w limit on unintentionally added DEHP, and creates a limited extension path if notice conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 18. Chemicals in Medical Devices [109050 - 109052] ( Chapter 18 added by Stats. 2024, Ch. 562, Sec. 1. ) ## 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 containers made with intentionally added DEHP. (b) Commencing January 1, 2035, a person or entity shall not manufacture, sell, or distribute into commerce in the State of California intravenous tubing made with intentionally added DEHP. (c) A person or entity shall not replace DEHP, pursuant to this chapter, for revised or new products with other ortho-phthalates. (d) An intravenous solution container or intravenous tubing product shall not have unintentionally added DEHP present at a quantity at or above 0.1 percent weight per weight (w/w). (e) The following items, as described in Title 21 of the Code of Federal Regulations, are exempt from these provisions: (1) Human blood collection and storage bags. (2) Apheresis and cell therapy blood kits and bags, including integral tubing. (f) A person or entity, due to pending United States Food and Drug Administration approval for the DEHP-free intravenous solution container or due to the manufacturer not having adequate equipment to manufacture the DEHP-free intravenous solution container, shall meet the requirement in subdivision (a) by January 1, 2032, if all of the following conditions are met: (1) The person or entity notified its California customers, no later than July 1, 2025, that it has commenced development of the DEHP-free intravenous solution container to meet the requirements of this section. (2) The person or entity provides notice to its customers and posts to its official internet website, no later than January 1, 2028, that it will not meet the deadline imposed pursuant to subdivision (a). (Added by Stats. 2024, Ch. 562, Sec. 1. (AB 2300) Effective January 1, 2025.)
  165. 109250.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section says cancer diagnosis, care, treatment, and cure are of major public importance, and directs the department to administer this article and the next one with respect for bona fide scientific research and clinical testing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109250. The effective diagnosis, care, treatment or cure of persons suffering from cancer is of paramount public importance. Vital statistics indicate that approximately 16 percent of the total deaths in the United States annually result from one or another of the forms of cancer. It is established that accurate and early diagnosis of many forms of cancer, followed by prompt application of methods of treatment that are scientifically proven, either materially reduces the likelihood of death from cancer or may materially prolong the useful life of individuals suffering therefrom. Despite intensive campaigns of public education, there is a lack of adequate and accurate information among the public with respect to presently proven methods for the diagnosis, treatment, and cure of cancer. Various persons in this state have represented and continue to represent themselves as possessing medicines, methods, techniques, skills, or devices for the effective diagnosis, treatment, or cure of cancer, whose representations are misleading to the public, with the result that large numbers of the public, relying on the representations, needlessly die of cancer, and substantial amounts of the savings of individuals and families relying on the representations are needlessly wasted. It is, therefore, in the public interest that the public be afforded full and accurate knowledge as to the facilities and methods for the diagnosis, treatment, and cure of cancer available in this state and that to that end there be provided means for testing and investigating the value or lack thereof of alleged cancer remedies, devices, drugs, or compounds, and informing the public of the facts found, and protecting the public from misrepresentation in these matters. The importance of continuing scientific research to determine the cause or cure of cancer is recognized, and the department shall administer this article and Article 2 (commencing with Section 109300) with due regard for the importance of bona fide scientific research and the clinical testing in hospitals, clinics, or similar institutions of new drugs or compounds. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  166. 109255.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section creates a Cancer Advisory Council in the department and sets out who must be on it and how its members are appointed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109255. There is in the department a Cancer Advisory Council composed of nine physicians and surgeons licensed to practice medicine in, and residing in, this state, three persons who are not physicians and surgeons, two persons representing nonprofit cancer research institutes recognized by the National Cancer Institute, and the director of the department, who shall be an ex officio member. The members of the council shall be appointed by the Governor to serve for terms of four years. The Governor, in appointing the first members, shall appoint at least one member from the faculty of each of the schools teaching medicine and surgery and located in this state that are approved by the Medical Board of California. The Governor shall endeavor to maintain one member from the faculty of each school in making subsequent appointments. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  167. 109260.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Council members other than the department director get no pay for services, but may recover actual necessary travel expenses. The council also does not have to hold public meetings under the cited Government Code article, except as provided in Section 109390.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109260. The members of the council, other than the director of the department, shall receive no compensation for their services, but shall be allowed their actual necessary traveling expenses incurred in the discharge of their duties. Except as provided in Section 109390 the council is not required to conduct meetings open to the public in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  168. 109265.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The council must elect one of its members as chairman every year and meet at least twice a year, and more often if needed, to carry out its duties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109265. The council shall annually elect one of its members to serve as chairman. The council shall meet at least twice each year, and as often in addition as necessary, for the purpose of carrying out its duties. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  169. 109270.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must make regulations, investigate and report violations, require testing and findings on cancer-related drugs and devices, adopt a ban on harmful or useless ones, hold hearings, and consult the Cancer Advisory Council.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109270. The department shall: (a) Prescribe reasonable regulations with respect to the administration of this article and Article 2 (commencing with Section 109300). (b) Investigate violations of this article and Article 2 (commencing with Section 109300), and report the violations to the appropriate enforcement authority. (c) Secure the investigation and testing of the content, method of preparation, efficacy, or use of drugs, medicines, compounds, or devices proposed to be used, or used, by any individual, person, firm, association, or other entity in the state for the diagnosis, treatment, or cure of cancer, prescribe reasonable regulations with respect to the investigation and testing, and make findings of fact and recommendations upon completion of any such investigation and testing. (d) Adopt a regulation prohibiting the prescription, administration, sale or other distribution of any drug, substance, or device found to be harmful or of no value in the diagnosis, prevention or treatment of cancer. (e) Hold hearings in respect of those matters involving compliance with this article and Article 2 (commencing with Section 109300) and subpoena witnesses and documents. Any or all hearings may be held before the Cancer Advisory Council. Any administrative action to be taken by the department as a result of the hearings shall be taken only after receipt of the recommendations of the council. Prior to issuance of a cease and desist order under Section 109345, a hearing shall be held. The person furnishing a sample under Section 109295 shall be given due notice of the hearing and an opportunity to be heard. (f) Contract with independent scientific consultants for specialized services and advice. In the exercise of the powers granted by this section, the department shall consult with the Cancer Advisory Council. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  170. 109275.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    For breast cancer cases, the physician or surgeon must give the patient a written summary and note it in the chart; the department and Medical Board must also maintain, update, distribute, and post the summary.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109275. (a) Upon a diagnosis of breast cancer, the physician and surgeon, meaning the primary provider who initially referred the patient for the screening or biopsy or, if different, the provider who has made the diagnosis of breast cancer and initially consulted with the patient about treatment, shall give the patient the written summary described in subdivision (c) and required by this section and shall note on the patient’s chart that he or she has given the patient the written summary. The physician and surgeon may choose to provide the summary prior to the performance of a screening or biopsy for breast cancer upon a patient’s request or at the discretion of the physician and surgeon in appropriate cases, including, but not limited to, instances when a patient has demonstrated risk factors, has a family history of breast cancer, or is otherwise susceptible. (b) The failure of a physician and surgeon to inform a patient, by means of a standardized written summary developed by the department on the recommendation of the Cancer Advisory Council in accordance with subdivision (c), in layperson’s language and in a language understood by the patient, of alternative efficacious methods of treatment that may be medically viable, including surgical, radiological, or chemotherapeutic treatments or combinations thereof, when the patient is being treated for any form of breast cancer, constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (c) (1) A standardized written summary in layperson’s language and in a language understood by the patient shall be developed by the department with the recommendations of the Cancer Advisory Council, and shall be printed and made available by the Medical Board of California to physicians and surgeons, for the purposes of informing the patient of the advantages, disadvantages, risks, and descriptions of the procedures with regard to medically viable and efficacious alternative methods of treatment for breast cancer as required by subdivision (a). (2) Commencing no later than January 1, 1995, and every three years thereafter, the department shall review the written summary and shall revise the written summary if the department determines that new or revised information should be included in the written summary, and shall provide a copy of the revised summary to the Medical Board of California. (3) At the next revision of the standardized written summary required by this section, the department shall incorporate all of the following additional information: (A) Information regarding methods of treatment for breast cancer that are in the investigational or clinical trial stage and are recognized for treatment by the Physician’s Data Query of the National Cancer Institute. (B) Available reference numbers, including, but not limited to, the “800” telephone numbers for the National Cancer Institute and the American Cancer Society, in order for breast cancer patients to obtain the most recent information. (C) A discussion of breast reconstruction surgery, including, but not limited to, problems, benefits, and alternatives. (D) Statistics on the incidence of breast cancer. (d) The Medical Board of California shall establish a distribution system for the breast cancer treatment alternatives written summary, and shall provide a link to its Internet Web site that may be accessed by consumers interested in viewing and obtaining a copy of the summary. (e) The department and the Medical Board of California shall each post the summary on its Internet Web site. (Amended by Stats. 2006, Ch. 485, Sec. 1. Effective January 1, 2007.)
  171. 109276.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The State Department of Health Care Services must add information about BRCA mutations to the first revised standardized written summary prepared after this law takes effect.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109276. In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that added this section, the State Department of Health Care Services shall incorporate information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations. (Added by Stats. 2017, Ch. 693, Sec. 2. (AB 1386) Effective January 1, 2018.)
  172. 109277.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Certain health facilities, clinics, and physician offices must post a breast cancer screening notice in the required location and format.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109277. (a) Every person or entity who owns or operates a health facility or a clinic, or who is licensed as a physician and surgeon and rents or owns the premises where his or her practice is located, shall cause a sign or notice to be posted where a physician and surgeon performs breast cancer screening or biopsy as an outpatient service, or in a reasonably proximate area to where breast cancer screening or biopsy is performed. A sign or notice posted at the patient registration area of the health facility, clinic, or physician and surgeon’s office shall constitute compliance with this section. (b) The sign or notice shall read as follows: ## “BE INFORMED” “Upon a diagnosis of breast cancer, your physician and surgeon is required to provide you a written summary of alternative efficacious methods of treatment, pursuant to Section 109275 of the California Health and Safety Code. Your physician and surgeon may choose to provide the summary prior to the performance of a screening or biopsy for breast cancer at your request or at the physician and surgeon’s discretion, when appropriate.” “The information about methods of treatment was developed by the State Department of Public Health to inform patients of the advantages, disadvantages, risks, and descriptions of procedures.” (c) The sign shall be not less than eight and one-half inches by 11 inches and shall be conspicuously displayed so as to be readable. The words “BE INFORMED” shall not be less than one-half inch in height and shall be centered on a single line with no other text. The message on the sign shall appear in English, Spanish, and Chinese. (Amended by Stats. 2007, Ch. 483, Sec. 22. Effective January 1, 2008.)
  173. 109278.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A medical care provider responsible for a patient’s annual gynecological exam must give the patient a standardized summary, in plain language and a language the patient understands, about symptoms and diagnosis methods for gynecological cancers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109278. (a) The medical care provider primarily responsible for providing to a patient an annual gynecological examination shall provide to that patient during the annual examination a standardized summary in layperson’s language and in a language understood by the patient containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. Use of existing publications developed by nationally recognized cancer organizations is not precluded by this section. (b) For the purposes of this section, “medical care provider” means a health care professional licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or pursuant to an initiative act referred to in that division providing medical care within his or her lawful scope of practice. (Added by Stats. 1997, Ch. 754, Sec. 2. Effective January 1, 1998.)
  174. 109280.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must approve a layperson-friendly summary, may approve an existing cancer publication, and must review that approval every three years starting January 1, 2003. The Medical Board must print or make the summary available to physicians and surgeons and post it online; if the summary is updated, both the department and the Medical Board must post the updated version.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109280. (a) A standardized written summary in layperson’s language and in a language understood by patients shall be approved by the department. The department may approve the use of an existing publication from a recognized cancer authority as the written summary. Commencing on January 1, 2003, and every three years thereafter, the department shall review its approval of the use of an existing publication from a recognized cancer authority as the written summary to ensure that the approved written summary comprises timely, new, and revised information regarding prostate cancer treatment options as the department determines is necessary. The written summary shall be printed or made available by the Medical Board of California to physicians and surgeons, concerning the advantages, disadvantages, risks, and descriptions of procedures with regard to medically viable and efficacious alternative methods of treatment of prostate cancer. Physicians and surgeons are urged to make the summary available to patients when appropriate. (b) The department and the Medical Board of California shall each post this summary on its Internet Web site for public use. (c) If the department updates this summary, it shall send the updated summary to the Medical Board of California and both the department and the Medical Board of California shall each post this updated summary on its Internet Web site. (Amended by Stats. 2007, Ch. 130, Sec. 171. Effective January 1, 2008.)
  175. 109282.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Certain health-facility, clinic, and physician-premises operators must post a prostate-cancer notice in the screening or treatment area, or nearby.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109282. (a) Every person or entity who owns or operates a health facility or a clinic, or who is licensed as a physician and surgeon and rents or owns the premises where his or her practice is located, shall cause a sign or notice to be posted where prostate cancer screening or treatment is performed by any physician and surgeon, or in a reasonably proximate area to where prostate cancer screening or treatment is performed. A sign or notice posted at the patient registration area of the health facility, clinic, or physician and surgeon’s office shall constitute compliance with this section. (b) The sign or notice shall read as follows: ## “BE INFORMED” “If you are a patient being treated for any form of prostate cancer, or prior to performance of a biopsy for prostate cancer, your physician and surgeon is urged to provide you a written summary of alternative efficacious methods of treatment, pursuant to Section 109280 of the California Health and Safety Code.” “The information about methods of treatment was developed by the State Department of Public Health to inform patients of the advantages, disadvantages, risks, and descriptions of procedures.” (c) The sign shall be not less than eight and one-half inches by 11 inches and shall be conspicuously displayed so as to be readable. The words “BE INFORMED” shall not be less than one-half inch in height and shall be centered on a single line with no other text. The message on the sign shall appear in English, Spanish, and Chinese. (d) Subject to future, regular production and replacement schedules from the implementation of the act adding this subdivision, these signs and notices shall include the Internet Web site address of the State Department of Public Health and the Medical Board of California, and a notice regarding the availability of updated prostate cancer summaries on these Web sites. (Amended by Stats. 2006, Ch. 241, Sec. 33. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  176. 109285.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “cancer” for this article and the next article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109285. For the purposes of this article and Article 2 (commencing with Section 109300) “cancer” means all malignant neoplasms regardless of the tissue of origin, including malignant lymphoma, Hodgkins disease, and leukemia. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  177. 109290.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not treat or try to alleviate cancer using drugs, surgery, or radiation unless they hold a state-issued license that expressly authorizes diagnosis and treatment of disease by those methods.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109290. No person may undertake to treat or alleviate cancer by use of drugs, surgery, or radiation unless the person holds a license issued under a law of this state expressly authorizing the diagnosis and treatment of disease by use of drugs, surgery, or radiation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  178. 109295.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    On the department’s written request, cancer-treatment-related entities must provide samples, disclose formulas and ingredients, and give additional information about relevant drugs, compounds, or devices.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Intent and Definitions [109250 - 109295] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109295. On written request by the department, delivered personally or by mail, any individual, person, firm, association, or other entity engaged, or representing himself, or itself, as engaged, in the diagnosis, treatment, alleviation, or cure of cancer shall furnish the department with the sample as the department may deem necessary for adequate testing of any drug, medicine, compound, or device used or prescribed by the individual, person, firm, association, or other entity in the diagnosis, treatment, alleviation, or cure of cancer, and shall specify the formula of any drug or compound and name all ingredients by their common or usual names, and shall, upon like request by the department, furnish further necessary information as it may request as to the composition and method of preparation of and the use that any drug, compound, or device is being put by the individual, person, firm, association, or other entity. This section shall apply to any individual, person, firm, association, or other entity that renders health care or services to individuals who have or believe they have cancer. This section also applies to any individual, person, firm, association, or other entity that by implication causes individuals to believe they have cancer. The failure to either provide the sample, disclose the formula, or name the ingredients as required by this section shall be conclusively presumed that the drug, medicine, compound or device that is the subject of the department’s request has no value in the diagnosis, treatment, alleviation, or cure of cancer. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  179. 109300.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Selling or supplying a drug, medicine, compound, or device for cancer diagnosis, treatment, relief, or cure is prohibited unless the required approval conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109300. The sale, offering for sale, holding for sale, delivering, giving away, prescribing or administering of any drug, medicine, compound, or device to be used in the diagnosis, treatment, alleviation, or cure of cancer is unlawful and prohibited unless (1) an application with respect thereto has been approved under Section 505 of the federal Food, Drug and Cosmetic Act, or (2) there has been approved an application filed with the board setting forth: (a) Full reports of investigations that have been made to show whether or not the drug, medicine, compound, or device is safe for the use, and whether the drug, medicine, compound, or device is effective in the use; (b) A full list of the articles used as components of the drug, medicine, compound, or device; (c) A full statement of the composition of the drug, medicine, compound, or device; (d) A full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of the drug, medicine, or compound or in the case of a device, a full statement of its composition, properties, and construction and the principle or principles of its operation; (e) Such samples of the drug, medicine, compound, or device and of the articles used as components of the drug, medicine, compound, or device as the board may require; and (f) Specimens of the labeling and advertising proposed to be used for the drug, medicine, compound, or device. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  180. 109305.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The board must act on the application within 180 days, either approving it or giving the applicant notice of a hearing, and it must first have a written report from the Cancer Advisory Council.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109305. Within 180 days after the filing of an application provided for in subdivision (2) of Section 109300 or an additional period as may be agreed upon by the board and the applicant, the board shall either: (a) Approve the application if it finds that none of the grounds for denying approval specified in Section 109315 applies. (b) Give the applicant notice for an opportunity for a hearing before the board on the question whether the application is approvable. If the applicant elects to accept the opportunity for hearing by written request within 30 days after the notice, the hearing shall commence not more than 90 days after the expiration of the 30 days unless the board and the applicant otherwise agree. Any hearing shall thereafter be conducted on an expedited basis and the board order thereon shall be issued within 90 days after the date fixed by the board for filing final briefs. Prior to approving the application or giving the applicant notice for an opportunity for a hearing, the board shall have received a written report from the Cancer Advisory Council setting forth its recommendations on the action the board should take. The report shall be signed by a majority of the members of the council. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  181. 109310.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Applicants with an approved application must keep and report certain records to the board, and record custodians must allow board agents to inspect, copy, and verify those records on request.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109310. In the case of any drug, medicine, compound or device for that an approval of an application filed pursuant to this article and Article 1 (commencing with Section 109250) is in effect, the applicant shall establish and maintain the records, and make the reports to the board, of data relating to clinical experience and other data or information, received or otherwise obtained by the applicant with respect to the drug, medicine, compound, or device, as the board may prescribe on the basis of a finding that the records and reports are necessary in order to enable the board to determine, or facilitate a determination, whether there is or may be ground for suspension of the application. Every person required under this section to maintain records, and every person in charge of custody thereof, shall, upon request of an agent of the board, permit the agent at all reasonable times to have access to and copy and verify the records. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  182. 109315.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The board must refuse an application to become effective if, after notice and a hearing, it finds one of the listed grounds.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109315. The board shall issue an order refusing to permit the application to become effective, if, after due notice to the applicant and opportunity for a hearing, the board finds any of the following: (a) The investigations, reports that are required to be submitted to the board pursuant to subdivision (2) of Section 109300 do not include adequate tests by all methods reasonably applicable to show whether or not a drug, medicine, compound, or device is safe for use in the diagnosis, treatment, alleviation, or cure of cancer. (b) The results of tests specified in subdivision (a) show that a drug, medicine, compound or device is unsafe for use under the conditions specified in subdivision (a) or do not show that the drug, medicine, compound, or device is safe for use under the conditions. (c) The methods used in, and the facilities and controls used for, the manufacture, processing, and packing of a drug, medicine, compound, or device are inadequate to preserve its identity, strength, quality, and purity and with respect to a device are inadequate to preserve its safety or effectiveness. (d) Upon the basis of the information submitted to it as part of the application, or upon the basis of any other information before it with respect to a drug, medicine, compound, or device, it has insufficient evidence to determine whether the drug, medicine, compound, or device is safe for use under the conditions specified in subdivision (a). (e) Evaluated on the basis of the information submitted to it as part of the application and any other information before it with respect to the drug, medicine, compound, or device, there is a reasonable doubt that the drug, medicine, compound, or device will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the proposed labeling or advertising thereof. (f) The application contains any untrue statement of a material fact. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  183. 109320.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The board must withdraw approval of certain applications if specified safety or truthfulness findings are made, may suspend approval immediately in an imminent public health hazard, and must state the findings in any order.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109320. (a) The board shall issue an order withdrawing approval of an application concerning any drug, medicine, compound, or device if, after due notice to the applicant and opportunity for a hearing, the board finds any of the following: (1) That clinical or other experience, tests, or other scientific data show that the drug, medicine, compound, or device is unsafe for use under the conditions of use upon the basis that the application was approved; (2) That new evidence of clinical experience, not contained in the application or not available to the board until after the application was approved, or tests by new methods, or tests by methods not deemed reasonably applicable when the application was approved, evaluated together with the evidence available to the board when the application was approved, shows that the drug, medicine, compound, or device is not shown to be safe for use under conditions of use upon the basis that the application was approved; or (3) On the basis of new information with respect to the drug, medicine, compound, or device, evaluated together with the evidence available to the board when the application was approved, that there is a lack of substantial evidence that the drug, medicine, compound, or device will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or advertising thereof; or (4) That the application contains any untrue statement of a material fact. (b) If the board finds that there is an imminent hazard to the public health, it may suspend the approval of the application immediately. (c) The board may also, after due notice and opportunity for hearing, withdraw the approval of an application with respect to any drug, medicine, compound, or device under this section if the board finds any of the following: (1) That the applicant has failed to establish a system for maintaining required records, or has repeatedly or deliberately failed to maintain the records or to make required reports, or the applicant has refused to permit access to, or copying or verification of, the records. (2) That on the basis of new information before the board, evaluated together with the evidence before it when the application was approved, the methods used in, or the facilities and controls used for, the manufacture, maintenance, processing, and packing of the drug, medicine, compound, or device are inadequate to assure and preserve its identity, strength, quality, and purity and with respect to a device are inadequate to preserve its safety or effectiveness and were not made adequate within a reasonable time after receipt of written notice from the board specifying the matter complained of. (3) That on the basis of new information before it, evaluated together with the evidence before it when the application was approved, the labeling of the drug, medicine, compound, or device, based on a fair evaluation of all material facts, is false or misleading in any particular and was not corrected within a reasonable time after receipt of written notice from the board specifying the matter complained of. (d) Any order under this section shall state the findings upon which it is based. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  184. 109325.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section exempts bona fide investigational use of certain drugs, medicines, compounds, or devices from this article and Article 1, if the listed conditions are met and the department does not find the use is for compensated diagnosis or treatment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109325. This article and Article 1 (commencing with Section 109250) shall not apply to the use of any drug, medicine, compound, or device intended solely for legitimate and bona fide investigational purposes by experts qualified by scientific training and experience to investigate the safety and therapeutic value thereof unless the department shall find that the drug, medicine, compound, or device is being used in diagnosis or treatment for compensation and profit. In order to qualify for an exemption under this section there shall be on file with the federal Department of Health, Education, and Welfare a current and unrevoked investigational new drug application issued pursuant to subdivision (i) of Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355(i)), or the following conditions shall be complied with: (a) The label of the drug, medicine, compound, or device shall bear the statement “Caution: New drug (or medicine or compound or device). Use in the diagnosis, treatment, alleviation, or cure of cancer limited by law to investigational use.” (b) The drug, medicine, compound, or device has had adequate testing on appropriate experimental animals to demonstrate a lack of toxicity and hazard sufficient to permit its use in or on human beings and to establish with clarity the margins of safety ordinarily recognized by experts qualified by scientific training and experience to investigate the safety and effectiveness of the drugs, substances, or devices. (c) The drug, medicine, compound, or device is to be used solely for investigational use by, or under the direction of, an expert qualified by scientific training and experience to investigate the safety and effectiveness of the drug, medicine, compound, or device. (d) A written statement signed by the expert has been filed with the board. The statement shall show what facilities the expert will use for the investigation to be conducted by him or her, and that the drug, medicine, compound, or device will be used solely by him or her or under his or her direction for the investigation. The statement shall contain information identifying any assistant or agent of the expert who uses the drug, medicine, compound, or device under the direction of the expert. (e) Complete records of the investigation shall be kept by the expert and all records shall be made available by the expert for inspection upon the request of any agent of the board at any reasonable hour as long as the expert desires exemption. (f) The expert shall inform any persons who participate in the investigation as patients, that the drug, medicine, compound, or device is being used for investigational purposes and shall obtain the consent of the persons or their representatives. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  185. 109330.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Section 109300 does not apply to devices used within the scope of a physician’s or dentist’s license privileges in this state.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109330. Section 109300 does not apply to any device used within the scope of his or her license privileges by a physician and surgeon or dentist licensed as such in this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  186. 109335.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People representing themselves as engaged in cancer diagnosis or treatment must comply with the regulations; violations can be a misdemeanor, and a third or later violation can be a felony.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109335. The failure of any individual, person, firm, association, or other entity representing himself, or itself, as engaged in the diagnosis, treatment, alleviation, or cure of cancer to comply with any of the regulations adopted under this article and Article 1 (commencing with Section 109250) is a misdemeanor. A third, and subsequent violations, of this section is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. This article and Article 1 (commencing with Section 109250) shall not apply to any person who depends exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination, or organization, nor practitioner thereof. (Amended by Stats. 2011, Ch. 15, Sec. 199. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  187. 109340.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Testing a product cannot be presented as approval, endorsement, or as meaning the product is discredited, useless, or harmful.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109340. The investigation or testing of any product shall not be deemed to imply or indicate any endorsement of the qualifications or value of any product. No person shall make any representation that investigation or testing hereunder constitutes any approval or endorsement of his or her, or its, activities by the Cancer Advisory Council or the department. The investigation or testing of any product shall not be deemed to imply or indicate that the product is useless or harmful and during testing no person shall make any representation, except to the department or Cancer Advisory Council, that the product under test is discredited or that it has been found useless or harmful. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  188. 109345.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may order people or entities to stop using certain cancer-related drugs or devices after investigation, a hearing, and a recommendation from the Cancer Advisory Council.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109345. Following an investigation or testing of the content or composition of any drug, medicine, compound, or device used by any individual, person, firm, association, or other entity in the diagnosis, treatment, alleviation, or cure of cancer, and after hearing as provided in Section 109270, the department, upon recommendation of the Cancer Advisory Council, may direct that any individual, person, firm, association, or other entity shall cease and desist any further prescribing, recommending, or use of any drug, medicine, compound, or device, or any substantially similar drug, medicine, compound, or device, in the diagnosis or treatment of cancer. In the investigation or testing required by this article and Article 1 (commencing with Section 109250) to determine the value or lack thereof of any drug, medicine, compound or device in the diagnosis, treatment, or cure of cancer, the department shall, as it deems necessary or advisable, utilize the facilities and findings of its own laboratories or other appropriate laboratories, clinics, hospitals, and nonprofit cancer research institutes recognized by the National Cancer Institute, within this State or the facilities and findings of the Federal Government, including the National Cancer Institute. Upon a recommendation by the Cancer Advisory Council, the department shall arrange, by contract, for investigation by and submission to it of findings, conclusions, or opinions of trained scientists in the appropriate departments of universities, medical schools, clinics, hospitals, and nonprofit cancer research institutes recognized by the National Cancer Institute, and the submission to it of findings, conclusions, or opinions of other qualified scientists. Prior to the issuance of a cease and desist order under this section, the Cancer Advisory Council, by the affirmative vote of at least 11 of its members, at least one of whom shall not be a physician and surgeon, shall make a written finding of fact based on the investigation that the drug, medicine, compound, or device so investigated has been found to be either definitely harmful or of no value in the diagnosis, treatment, alleviation, or cure of cancer and the department must be satisfied beyond a reasonable doubt that the written findings of the fact are true. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  189. 109350.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may direct covered persons or entities to stop further prescribing, recommending, or using certain drugs, medicines, compounds, or devices unless an exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109350. The department may direct that any individual, person, firm, association, or other entity shall cease and desist any further prescribing, recommending, or use of any drug, medicine, compound, or device for which no application has been approved under this article and Article 1 (commencing with Section 109250) unless its use is exempt under Section 109325 or 109330. (Amended by Stats. 2006, Ch. 538, Sec. 423. Effective January 1, 2007.)
  190. 109355.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may ask a superior court to enjoin violations covered by this section.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109355. (a) Any violation of this article and Article 1 (commencing with Section 109250), of the regulations adopted thereunder or of a cease and desist order issued by the department under Section 109345 or 109350 may be enjoined by the superior court in any county, on application of the department. (b) Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  191. 109360.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who has been hit with an injunction or cease and desist order under this article and Article 1 must first submit an application to the department before using certain cancer-related experimental or unapproved drugs or devices.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109360. Any person against whom an injunction or cease and desist order has been issued, under this article and Article 1 (commencing with Section 109250), may not undertake to use in the diagnosis, treatment, alleviation, or cure of cancer any new, experimental, untested, or secret drug, medicine, compound, or device for which there is no approved application on file or that does not qualify for an exemption, without first submitting an application to the department. (Amended by Stats. 2006, Ch. 538, Sec. 424. Effective January 1, 2007.)
  192. 109365.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not, with intent to defraud, falsely say for pay that a device, substance, method, or treatment can diagnose, stop, prevent, or cure cancer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109365. It is unlawful for any person, with the intent to defraud, to falsely represent and provide for compensation a device, substance, method or treatment as effective to diagnose, arrest, prevent, or cure cancer. Nothing in this section shall abridge the existent rights of the press. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  193. 109370.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A violation of this article and Article 1 is punishable by jail or prison, a fine up to $10,000, or both, except as provided in Section 109335.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109370. Except as provided in Section 109335, a violation of this article and Article 1 (commencing with Section 109250) is punishable by imprisonment in the county jail for a period not exceeding one year, or in the state prison, or by a fine not exceeding ten thousand dollars ($10,000), or by both the imprisonment and fine. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  194. 109375.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The director must investigate possible violations and report violations to the appropriate enforcement authority.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109375. The director shall investigate possible violations of this article and Article 1 (commencing with Section 109250) and report violations to the appropriate enforcement authority. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  195. 109380.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    County health officers, district attorneys, and the Attorney General must cooperate with the director to enforce this article and Article 1 starting at Section 109250.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109380. County health officers, district attorneys and the Attorney General shall cooperate with the director in the enforcement of this article and Article 1 (commencing with Section 109250). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  196. 109385.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may publish reports about certain drugs or devices, and may publicize them when the Cancer Advisory Council believes their use for cancer diagnosis, treatment, or cure is an imminent danger to health or a gross deception of the public.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109385. The department, upon recommendation of the Cancer Advisory Council, may from time to time publish reports based on its investigation or testing of any drug, medicine, compound, or device prescribed, recommended, or used by any individual, person, firm, association, or other entity, and when, in the opinion of a majority of the members of the Cancer Advisory Council, the use of any drug, medicine, compound, or device in the diagnosis, treatment or cure of cancer constitutes an imminent danger to health or a gross deception of the public, the department may take appropriate steps to publicize the same. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  197. 109390.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Hearings authorized by this article and Article 1 must be conducted under Chapter 5 of the Government Code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109390. All hearings authorized by this article and Article 1 (commencing with Section 109250) shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  198. 109395.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says earlier provisions do not bar reconsideration of an application to use a cancer-related drug, medicine, compound, or device if new evidence or matter is presented to the department and the request complies with applicable law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Prohibitions and Enforcement [109300 - 109395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109395. No provision of this article and Article 1 (commencing with Section 109250) shall preclude reconsideration of an application for use of any drug, medicine, compound or device for the diagnosis, treatment, alleviation or cure of cancer if new evidence or matter is presented to the department and the reconsideration is predicated upon compliance with the applicable sections of the law, and presentation of data developed subsequent to the applicable ruling of the board. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  199. 109500.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Labeling, Sale, and Use of DMSO [109500 - 109505] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    In this article, “DMSO” means dimethyl sulfoxide.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Labeling, Sale, and Use of DMSO [109500 - 109505] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109500. As used in this article, “DMSO” means dimethyl sulfoxide. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  200. 109505.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Labeling, Sale, and Use of DMSO [109500 - 109505] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    DMSO sold in California without a prescription must be labeled with specified product, manufacturer, and distributor information, and it must come with warning material and safety statements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Treatment of Cancer and Other Serious Diseases [109250 - 109505] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Labeling, Sale, and Use of DMSO [109500 - 109505] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109505. DMSO sold in California other than by prescription shall be labeled by the manufacturer, distributor, or seller to contain a description of all of the contents in the solution, statement of purity, the percent of DMSO in the solution, and the manufacturer’s name and address. The label shall contain (a) the name and address of the distributor of the DMSO, if any, (b) the name and address of the manufacturer of the finished DMSO, and (c) the manufacturer’s lot or control number. Finished DMSO means DMSO that requires no further manufacture prior to retail sale other than packaging or labeling. Whenever DMSO is sold or otherwise supplied, other than by prescription, the seller or supplier shall give additional printed material to the person receiving the DMSO that provides adequate warning against use that may be dangerous to the health of the user, and information that prescriptive DMSO is available from a physician. The label of DMSO sold pursuant to this section shall contain the following statement: “It is unlawful to represent in any way that this product is useful or safe to use for medicinal purposes.” The label shall include appropriate precautionary measures for proper handling and first aid treatment and a warning statement to keep the product out of reach of children. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

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