SB 392 - Amends Safer Consumer Products Program - California Key Vote

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Title: Amends Safer Consumer Products Program

Vote Smart's Synopsis:

Vote to pass a bill that amends California's Safer Consumer Products Program.

Highlights:

 

  • Authorizes the Department of Toxic Substances Control to issue a formal request for information from a product manufacturer to provide data and information on the ingredients and use of a consumer product, and the Department’s request may include, but is not limited to, all of the following (Sec. 5):

    • Information on ingredient chemical identity, concentration, and functional use;

    • Existing information, if any, related to the use of the products by children, pregnant women, or other sensitive populations; and

    • Data on state product sales, or national sales in the absence of state product sales data. 

  • Requires the Department to provide public notice and an opportunity to comment from the public on the proposal to rely on the studies or evaluations, and may be combined with the proposal to list a chemical-product combination as a priority product (Sec. 3). 

  • Authorizes a product manufacturer, chemical manufacturer, or supplier to raise trade secret claims in response to a request from the Department for providing data (Sec. 5). 

  • Specifies that a person who violates these requirements will be liable for a civil penalty of no more than $50,000 for each separate violation or, for continuing violations, for each day the violation continues (Sec. 5). 

  • Requires penalties collected to be deposited in the Toxic Substances Control Account in the General Fund (Sec. 5).

  • Defines “product manufacturer” as a person who manufacturers a consumer product or a person who control the manufacturing process for, or specifies the use of a chemical to be included in, a consumer product (Sec. 1). 

  • Defines “chemical manufacturer” as a person who manufacturers a chemical or chemical ingredient used in a consumer product (Sec. 1). 

  • Defines “consumer product” as a product or part of the product that is bought or leased for use by a person for any purposes (Sec. 1).

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