Glass beads: lead and arsenic.

Existing law, part of the hazardous waste control law, requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being a chemical of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. That law prohibits, until January 1, 2015, a person from manufacturing, selling, offering for sale, or offering for promotional purposes in this state, glass beads that contain more than a specified amount of arsenic or lead if those glass beads will be used with certain types of blasting equipment and requires, until January 1, 2015, each container or bag of glass beads sold for surface preparation to be labeled in a specific manner. Existing law also prohibits, until January 1, 2015, these glass beads from being considered as a product category subject to the chemicals of concern regulations. A violation of the hazardous control law is a misdemeanor. This bill would revise the process for determining the amount of arsenic or lead that glass beads may contain, and would authorize the department to require any person who manufactures, sells, or offers for sale glass beads to provide to the department specified information relating to documentation and information about the manufacturer or supplier of those glass beads. The bill would authorize an authorized representative of the department, for purposes of administering and enforcing these provisions regulating the manufacture of glass beads, upon obtaining consent or after obtaining an inspection warrant, to, upon presenting appropriate credentials and at a reasonable time, take specified actions to enter and inspect a factory, warehouse, or establishment where glass beads are made. The bill would require the above-described glass bead prohibitions and requirements to be effective until January 1, 2020. This bill would require the department, no later than January 1, 2019, to prepare an evaluation of existing research and data to determine if the standard of 75ppm or more of arsenic or 100ppm or more of lead is an appropriate standard for the use of those substances with regard to the prohibitions specified above, and to submit its findings to the Legislature. The bill would require that, if the department determines that not enough data exists to complete the evaluation, the department notify the Legislature and recommend a process for conducting the evaluation. By extending the effective date of the prohibitions specified above, a violation of which is a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.