(a)On and after December 31, 2026, a manufacturer of disposable tampons or pad products shall maintain information regarding the concentrations of all of the following concerning chemicals in their disposable tampon or pad products:
(1)Lead (CAS no. 7439-92-1).
(2)Arsenic (CAS no. 7440-38-2).
(3)Cadmium (CAS no. 7440-43-9).
(4)Zinc (CAS no. 7440-66-6).
(b)
(1)The
department may determine additional concerning chemicals from its list of candidate chemicals in disposable tampons or pad products and publish on its internet website a list of those chemicals. The department may make its determination pursuant to a finding that both of the following criteria have been met:
(A)The concerning chemical has been present or detected in disposable tampon or pad products.
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(a)
On and after December 31, 2026, a manufacturer of disposable tampons or pad products shall maintain information regarding the concentrations of all of the following concerning chemicals in their disposable tampon or pad products:
(1)
Lead (CAS no. 7439-92-1).
(2)
Arsenic (CAS no. 7440-38-2).
(3)
Cadmium (CAS no. 7440-43-9).
(4)
Zinc (CAS no. 7440-66-6).
(b)
(1)
The
department may determine additional concerning chemicals from its list of candidate chemicals in disposable tampons or pad products and publish on its internet website a list of those chemicals. The department may make its determination pursuant to a finding that both of the following criteria have been met:
(A)
The concerning chemical has been present or detected in disposable tampon or pad products.
(B)
The concerning chemical has been found to have adverse public health impacts.
(2)
The determination described in paragraph (1) shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
(c)
The department may require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of additional concerning chemicals determined pursuant to subdivision (b).
(d)
(1)
The department may publish on its internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for the presence of concerning chemicals.
(2)
The department may update the list of accepted testing methods as it deems necessary.
(e)
(1)
Upon request from the department, a manufacturer shall provide any technical documentation, including test methods and analytical test results, to assess the concentrations of chemicals referred to in subdivisions (a) and (c) in its disposable tampon or pad products. The department may also conduct its own tests to confirm the manufacturer’s results, or contract with third-party laboratories for that testing. The manufacturer shall pay for the costs of testing the manufacturer’s products before the testing is conducted.
(2)
Any charges collected by the department pursuant to this subdivision shall be deposited into the T.A.M.P.O.N. Act Fund, as
described in Section 25258.6, and shall be made available, upon appropriation by the Legislature, to the department for purposes of implementing this section, including, but not limited to, the
administration of chemical testing pursuant to, and the oversight of manufacturers’ compliance with, this section.
(f)
The department may publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The department may also provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on the department’s internet website.