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.)
Structure California Code