SB 236

Existing law prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances. This bill, the Combating Unsafe ReLaxers (C.U.R.L.) Act, would prohibit any person from manufacturing, distributing, selling, or offering for sale in the state any hair relaxer product, as defined, that contains any of a specified list of intentionally added ingredients. The bill would require the Department of Toxic Substances Control to adopt regulations on or before January 1, 2030, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. The bill would require the department to identify and publish on its internet website, on or before January 1, 2028, appropriate third-party accreditations for laboratories for the testing of the ingredients described above, and would authorize the department to publish on its internet website a list of accepted testing methods for the testing of hair relaxer products for the presence of those ingredients. The bill would authorize the department to request, and would require a manufacturer of a hair relaxer product to provide upon request, documentation, including test results, to demonstrate compliance with the provisions described above. The bill would authorize the department to test hair relaxer products in order to support enforcement of the provisions described above. The bill would require the department to issue a notice of violation of the provisions described above under specified circumstances and would require the notice to specify the nature of the violation and would authorize the department to either assess a specified penalty, require compliance with specified law, or both. The bill would make a violation of these provisions punishable by administrative or civil penalties, as specified, and would authorize the Attorney General, on behalf of the department or on behalf of the people of the state at the request of the department, to bring an action to enforce these provisions. The bill would create, and would require all moneys collected from penalties to be deposited in, the C.U.R.L. Act Fund. The bill would make the department’s duties to initiate, implement, or enforce any of these requirements contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements. The bill would, upon an appropriation by the Legislature, authorize the Department of Finance, if it determines there are sufficient funds in the Toxic Substances Control Account to finance the development of the regulations and the startup costs of the Department of Toxic Substances Control’s activities required by the bill, to loan funds to the department from the account to carry out the activities required by the bill until the C.U.R.L. Act Fund contains revenues sufficient to fund the department’s reasonable costs of implementing the bill and to reimburse any outstanding loans made from the account used to finance the development of the regulations and the startup costs of the department’s activities.