For purposes of this chapter, the following definitions shall apply:
(a) “Air care product” means a chemically formulated consumer product designed or labeled to indicate that the purpose of the product is to mask odors or to freshen, clean, scent, or deodorize the air.
(b) “Automotive product” means a chemically formulated consumer product designed or 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) “Chemical” means either of the following:
(1) An organic or inorganic substance of a particular molecular identity, including any combination of those substances occurring, in whole or in part, as a result of a chemical reaction or occurring in nature, and any element, ion, or uncombined radical, and any degradate, metabolite, or reaction product of a substance with a particular molecular identity.
(2) A chemical ingredient, which means a substance comprising one or more substances described in paragraph (1).
(d) “Chemically formulated consumer product” means a consumer product, as defined in subdivision (e) of Section 25251, but excluding home appliances, that is manufactured from chemicals to be used by household, institutional, commercial, and industrial consumers without further processing for specific purposes. For the purposes of this subdivision, dilution by the user is not considered further processing.
(e) “Cleaning product” means any product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, general cleaning product, or a polish or floor maintenance product.
(f) “Contaminant of concern” means a chemical present in the product at or above the practical quantitation limit that has no functional or technical effect in the finished product and is included in the list of candidate chemicals as defined in subdivision (j), is included among the allergenic fragrances that appear on the list in Annex III of EU Cosmetics Regulation 1223/2009, or is included in subsequent updates to either list.
(g) “Department” means the Department of Toxic Substances Control.
(h) “General cleaning product” means a soap, detergent, or other chemically formulated consumer product designed or 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.
(i) “Ingredient” means a chemical that has a functional or technical effect on the product, including, but not limited to, the components of fragrances and coloring agents.
(j) “List of candidate chemicals” means the list of chemicals identified as candidate chemicals that exhibit a hazard trait or an environmental or toxicological endpoint and that meets the criteria specified in regulations adopted by the department pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20, and is published on the Internet Web site of the Department of Toxic Substances Control pursuant to those regulations.
(k) “Manufacturer” means a person or entity that manufactures, assembles, produces, packages, repackages, or relabels a cleaning product that is sold or used in this state.
(l) “Molecular identity” means the substance’s properties listed below:
(1) Agglomeration state.
(2) Bulk density.
(3) Chemical composition, including surface coating.
(4) Crystal structure.
(6) Molecular structure.
(7) Particle density.
(8) Particle size, size distribution, and surface area.
(9) Physical form and shape, at room temperature and pressure.
(10) Physicochemical properties.
(12) Solubility in water and biologically relevant fluids.
(13) Surface charge.
(14) Surface reactivity.
(m) “Polish or floor maintenance product” means a chemically formulated consumer product, such as polish, wax, or a restorer, designed or 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.
(n) “Practical quantitation limit” means the lowest concentration of a chemical that can be reliably measured within specified limits of precision and accuracy using routine laboratory procedures.
(a) A manufacturer of a cleaning product manufactured or sold in the state shall disclose on the cleaning product label all of the following:
(1) A list of each ingredient and contaminant of concern contained in the cleaning product, in descending order of predominance. An ingredient present at a concentration of not more than 1 percent may be listed without respect to order of predominance following the other ingredients and contaminants of concern.
(2) A pictogram that communicates the potential health impacts of any of the ingredients or contaminants of concern in the product that appear on the list of candidate chemicals or among the allergenic fragrances that appear on the list of Annex III of EU Cosmetics Regulation 1223/2009, or that appear in subsequent updates to either list. The California Environmental Protection Agency shall develop the model pictogram to be used pursuant to this paragraph.
(3) A statement directing the consumer to the manufacturer’s Internet Web site for information concerning ingredients contained in the product and listed pursuant to subdivision (b).
(b) The manufacturer of a cleaning product shall post on its Internet Web site, in an electronically readable format, a list of all ingredients and contaminants of concern contained in the product, in descending order of predominance, including each ingredient or contaminant of concern’s name, its Chemical Abstracts Service (CAS) number, and the functional purpose served by the ingredient. An ingredient or contaminant of concern present at a concentration below 1 percent may be listed in any order following the other ingredients and contaminants of concern.
(c) If the list of ingredients and contaminants of concern required pursuant to subdivision (b) includes a chemical that appears on the list of candidate chemicals or is an allergenic fragrance that appears on the list in Annex III of EU Cosmetics Regulation 1223/2009, or is included in subsequent updates to either list, the manufacturer shall include on the label a statement that information about potential health impacts of the ingredients may be obtained from its Internet Web site, and on its Internet Web site shall provide Internet Web links to each of the following lists on which the chemical or chemicals appear:
(1) The list of candidate chemicals, posted on the Internet Web site of the department.
(2) Annex III of EU Cosmetics Regulation 1223/2009.
(d) An ingredient or contaminant of concern listed or posted pursuant to this section shall be listed or posted by its Consumer Specialty Products Association (CSPA) Consumer Product Ingredients Dictionary name. If a CSPA Consumer Product Ingredients Dictionary name is not available, an ingredient or contaminant of concern shall be listed by its International Nomenclature of Cosmetic Ingredients (INCI) name. If an INCI name is also not available, an ingredient or contaminant of concern shall be listed by its International Union of Pure and Applied Chemistry (IUPAC) name. If an IUPAC name is also not available, an ingredient or contaminant of concern shall be listed by its common chemical name and the Chemical Abstracts Service (CAS) number.
(e) To protect trade secrets, this section shall not be construed to require a manufacturer to disclose the weight or amount of an ingredient or contaminant of concern or how a cleaning product is manufactured, and shall not require ingredients or contaminants of concern present at a concentration below1 percent to be listed in any particular order, except as required by paragraph (1) of subdivision (a) and subdivision (b).
(f) A manufacturer shall adopt a uniform Quick Response (QR) code that is readable by an electronic mobile device and display the QR code on a cleaning product that contains a chemical on the list of candidate chemicals for the purpose of providing a warning that the cleaning product contains toxic chemicals.
(g)The requirements of this section apply to a cleaning product manufactured or sold in the state on or after January 1, 2018.