AB 169 — Revises provisions governing the labeling of feminine hygiene products. (BDR 51-617)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2023) FIRST REPRINT A.B.

169169–Assemblywomen AGorelow, SSEMBLYBilbray- BILLAxelrod, NO.Thomas, González;

169–ASSEMBLYWOMENAnderson, GORELOWBrown-May, ,Duran, BILBRAY-Peters AXELRODand ,Summers-Armstrong TJoint HOMASSponsors: , G ONZÁLEZ ;

ANDERSONSenators ,Cannizzaro, BROWNDondero -Loop, MKrasner, AY,Lange, DURANNguyen, ,Seevers ETERSGansert, ANDSpearman SUMMERSand -ATitus RMSTRONGCHAPTER.......... F EBRUARY 15, 2023 ____________ OINT SPONSORS :

ENATORS C ANNIZZARO , DONDERO LOOP AND K RASNER ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing the labeling of feminine hygiene products.

(BDR 51-617) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiExisting Counsel’slaw Digest:establishes certain provisions relating to the labeling of certain foods, drugs, devices and cosmetics.

Existing law establishes certain provisions relating to the labeling of certain foods, drugs, devices and cosmetics.

(1) requires, with certain exceptions, each package or box containing a feminine hygiene product that is manufactured on or after January 1, 2025, for sale or distribution in this State to bear a label containing a plain and conspicuous list of all ingredients in the feminine hygiene product;

(2) requires the ingredients identifiedfidentified all on such label to be listed in order of predominance by weight and identified by -and *AB169_R1*Adult –Hygiene 2Products, – using standardized nomenclature, unless the ingredient is confidential businessbusinessor Baby information;

and (4) requires, if a manufacturer has an Internet website, the manufacturer to post the list of ingredients on the Internet website of the manufacturer.

Section 3.5 of this bill requires, with certain exceptions, a manufacturer to revise the list of ingredients on theor labelbox ofcontaining a feminine hygiene productproduct, not18 latermonths than:after the change to anackage ingredient, the addition of an ingredient or the revision of a designated list;

(1)and (2) for a labellist onof aingredients packageposted oron boxthe containingInternet awebsite feminineof hygienethe product,manufacturer, 186 months after the change to an ingredient, the addition of an ingredient or the revision of a designated list;list.

and (2) months after the change to an ingredient, the addition of an ingredient or the6 revision of a designated list.

Existing law provides that a violation of any provision of chapter 585 of NRS relatingmisdemeanor, toexcept thefor labelingcertain violations of certainthe foods,chapter drugs,that devicesare andpunishable cosmeticsas is a gross category D felony.

(NRS 585.550) A violation of section 3 or 3.5 is also a gross a misdemeanor.

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(a) A claim has been approved by the Administrator of the United States Environmental Protection Agency for inclusion on the Toxic Substances Control Act confidential ChemicalChemicalusion on Substance Inventory pursuant to 15 U.S.C.

1223/2009, as that regulation existed on January 20, 2023, if the fragrance allergen is present in thea feminine hygiene product at a concentration at or above 0.001 percent or 10 parts per million.

- *AB169_R1* – 3 – Sec.

Chemicals for which a reference doesdose or reference concentration has been developed based on neurotoxicity in the Integrated Risk Information System maintained by the United States Environmental Protection Agency.

3.Portal of the Agency for Toxic Substances and Disease Registry of the United States Department of Health and Human Services.

Neurotoxicants- that82nd areSession identified(2023) in– the3 Toxic– Substances4. Portal of the Agency for Toxic Substances and Disease Registry of the United States Department of Health and Human Services.

4.

Reproductive or developmental toxicants identified in monographs on the Potential Human Reproductive and Developmental Effects published by the National ToxicologyToxicologye and Program.

9.

Chemicals that are identified with noncancer endpoints and listed with an inhalation or oral reference exposure level by the California Office of Environmental Health Hazard Assessment pursuant to Cal.

Health & Safety Code § 44360(b)(2).

2.1.

“Fragrance ingredient” means an intentionally added substance or complex mixture of aroma chemicals, natural feminine hygiene product for which the sole purpose is to impart an odor or scent, or to counteract an odor, and is:

1.

Present in a feminine hygiene product at a concentration at or above 0.01 percent or 100 parts per million based on the total amount of the substance as a percentage of the total weight of the feminine hygiene product;

2.