Cosmetics: safety.

Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated cosmetics, and prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users when used as directed in the cosmetic's labeling or advertising or under customary or usual conditions. Provisions of this law are enforced by the State Department of Public Health. A violation of these provisions is a crime. This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, any of several specified intentionally added ingredients, or another chemical or contaminant identified by the department, except under specified circumstances. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law, the California Safe Cosmetics Act of 2005, authorizes the Division of Environmental and Occupational Disease Control within the State Department of Public Health to investigate cosmetic products that contain certain chemicals. A violation of these provisions is a crime. This bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement the act. By expanding the scope of 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.