Cal. HSC § 108954.5 — California Code / Code hsc / Division 104 / Part 3 / Chapter 13 / Section 108954.5
Section 108954.5
Status: in_force

(a) The manufacturer of a designated product sold in the state shall post on its Internet Web site, in an electronically readable format, the following information related to the designated product:

(1) (A) A list of each intentionally added ingredient contained in the product, except for the following:

(i) Fragrance ingredients subject to subdivision (b).

(ii) Intentionally added ingredients that are confidential business information.

(B) Notwithstanding subparagraph (A), an ingredient that is known to the State of California to cause cancer or reproductive toxicity 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 until January 1, 2023.

(C) Intentionally added ingredients listed pursuant to this paragraph shall be listed in descending order of predominance by weight in the product, except that ingredients present at a weight below one percent may be listed following the other ingredients without respect to the order of predominance by weight.

(2) (A) A list of all nonfunctional constituents present in the designated product at a concentration at or above 0.01 percent (100 ppm).

(B) Notwithstanding subparagraph (A), a nonfunctional constituent that is known to the State of California to cause cancer or reproductive toxicity pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20), and triggers a product warning pursuant to that act, shall be included on the list of nonfunctional constituents.

(C) Notwithstanding subparagraphs (A) and (B), 1, 4 dioxane shall be listed if it is present in the finished designated product at a concentration at or above 0.001 percent (10 ppm).

(3) The Chemical Abstracts Service (CAS) number for any intentionally added ingredient or nonfunctional constituent listed pursuant to this section shall be listed with the name of the intentionally added ingredient or nonfunctional constituent. If a CAS number is not available or if the intentionally added ingredient is confidential business information, the phrase “not available” or “withheld,” respectively, shall be used in place of the CAS number.

(4) The functional purpose served by each intentionally added ingredient listed pursuant to this section. For fragrance ingredients or colorants, the manufacturer may list the function as a “fragrance ingredient” or “colorant.”

(5) Electronic links for designated lists shall be grouped together in a single location for any intentionally added ingredient or nonfunctional constituent that is included on a designated list and any 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.

(6) A link to the hazard communication safety data sheet for the designated product.

(7) If a product is required to include an Internet Web site address pursuant to paragraph (1) of subdivision (b) of Section 108954, the information required to be provided by this section shall be posted no more than five clicks from the Uniform Resource Locator (URL) printed on the designated product label and no more than four clicks from a product-specific Internet Web site. If a URL is not required to be included on the designated product label, as provided in subdivision (d), the information required by this section shall be posted no more than five clicks from the manufacturer’s Internet Web site and no more than four clicks from a product-specific Internet Web site.

(b) In addition to the information required by subdivision (a), the manufacturer of a designated product sold in the state shall post on its Internet Web site, in an electronically readable format, all of the following information related to fragrance ingredients or allergens contained in the designated product:

(1) A list of all fragrance ingredients that are included on a designated list.

(2) A list of all fragrance allergens 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, 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.

(3) Notwithstanding paragraph (1), a fragrance 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 until January 1, 2023.

(4) A list of all fragrance ingredients, other than those described in paragraphs (1) to (3), inclusive, that are present in the designated product at a concentration at or above 0.01 percent (100 ppm), unless it is confidential business information.

(c) A manufacturer of a designated product regulated under the federal Occupational Safety and Health Act of 1970 shall make the information described in paragraphs (1) to (4), inclusive, of subdivision (a) and in subdivision (b) available in an easily printable format. A manufacturer may satisfy this requirement by including this information on the product safety data sheet or in a separate printable list.

(d) A manufacturer of a designated product regulated pursuant to Section 12753 of the Food and Agricultural Code as a pesticide is not required to include a reference to an Internet Web site on the designated product label.