§ 69506.3. Product Information for Consumers.

(a) Applicability. This section applies to:

(1) Priority Products for which an alternative is not selected;

(2) Priority Products that continue to be introduced into commerce in California pending development and distribution of an alternative product for longer than twelve (12) months after the Department issues a notice of compliance or a notice of disapproval for the AA Report; and

(3) Selected alternative products that retain the Chemical(s) of Concern, and/or contain any replacement Candidate Chemical(s).

(b) Required Information. Beginning no later than the date specified by the Department in the final regulatory response determination notice for the product, or when the product is first placed into the stream of commerce in California, whichever is later, and for as long thereafter as the product continues to be placed into the stream of commerce in California, the responsible entity shall ensure that all of the following information is made available to the consumer prior to product purchase:

(1) Manufacturer's name and importer's name, and/or the name of any other entity listed on the product label;

(2) Brand name(s) and product name(s), and a description of the product;

(3) A list of, and common names for, any Chemical(s) of Concern that remain in the product and/or any replacement Candidate Chemical(s) and known hazards traits and/or environmental or toxicological endpoints for those chemicals, based on available information;

(4) A statement informing consumers that the product must be disposed of or otherwise managed as a hazardous waste at the end of its useful life, if applicable;

(5) Any safe handling and storage procedures and/or other information needed to protect public health or the environment during the useful life of the product, including precautions that consumers may take to prevent or limit exposure to the Chemical(s) of Concern or replacement Candidate Chemical(s), and first aid and accidental release procedures;

(6) Identification of any end-of-life management requirements specified by law, and any existing end-of-life management program(s) for the product; and

(7) The manufacturer's website address and the importer's website address where the consumer can obtain additional information about the product, the adverse impacts associated with the product as identified in the AA Report for the product, and proper end-of-life disposal or management of the product.

(c) Communication to Consumers. The responsible entity shall satisfy subsection (b) by making the required information available to consumers, in easily seen, legible, and understandable formats, by both:

(1) Posting the information in a prominent place on the manufacturer's website and the importer's website; and

(2) Using one or both of the following means of informing consumers at the point of sale of the information specified in subsection (b):

(A) Providing the required information on the product packaging or in accompanying written material that is accessible without breaking the product seal; and/or

(B) Posting the information in a prominent place at the point of retail display. For products offered for sale online, the point of retail display is/are the web page(s) on which the product is offered for sale.

HISTORY

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).

Note

Note: Authority cited: Sections 25253 and 58012, Health and Safety Code. Reference: Section 25253, Health and Safety Code.