S2275 2R

An Act ¹[banning] regulating¹ certain substances ¹[from] in¹ hair products and supplementing P.L.1960, c.3939 ¹(C.56:8-1 et seq.)¹.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. ¹[a.]¹ As used in this section:

²“Biological hair fiber” means a fiber made from animal-based protein, for the specific purpose of being used to make a final hair product that resembles human hair.²

“Carcinogen” means any chemical identified as follows:

(1) “Group 1 carcinogen” or “group 2A carcinogen” by the World Health Organization or the International Agency for Research on Cancer;

(2) “Known to be a human carcinogen” and “reasonably anticipated to be a human carcinogen” by the Secretary of the United States Department of Health and Human Services, pursuant to paragraph 4 of subsection (b) of the “Public Health Service Act” (42 U.S.C. s.241); or

(3) “Group A carcinogens” or “group B carcinogens” by the United States Environmental Protection Agency.

“Chemical” means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation, or metabolism.

¹[“Hair product” means a product made through the synthesis of artificial materials such as polyester, nylon, acrylic, or cellulose to create fibers that undergo various processes to resemble human hair.

“Reproductive toxicant” means a chemical identified as a reproductive or developmental toxicant by the United States Department of Health and Human Services, National Toxicology Program, Center for the Evaluation of Risks to Human Reproduction.]

“Director” means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

“Division” means Division of Consumer Affairs in the Department of Law and Public Safety.

“Final hair product” means a hair product that is specifically intended to be worn by people on their heads, using one or more ²biological, natural, plant-based, or² synthetic hair fiber that undergoes further processing or treatments, and that is packaged for sale to individuals in the State.

“Intentionally added chemical” means a carcinogen, reproductive toxicant, or volatile organic ²[toxicant] compound² added to a ²final hair²product or a product’s components to provide a specific characteristic, appearance, or quality or to perform a specific function. The term includes any degradation byproducts of the chemical but excludes a technically unavoidable trace quantity of the chemical which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the product or product component, as calculated by measured toxicity.

“Manufacturer” means: (1) a person or entity that produces or generates a ²biological, natural, plant-based, or² synthetic hair fiber or a final hair product; (2) a person or entity that is the brand owner of a ²biological, natural, plant-based, or² synthetic hair fiber or a final hair product that is distributed, sold or offered for sale to individuals in the State; or (3) in the absence of a person or entity meeting the criteria in (1) or (2) of this definition over whom the State may exercise jurisdiction, a person or entity who imports, distributes, offers for sale, or sells a ²biological, natural, plant-based, or² synthetic hair fiber or a final hair product in the State that is packaged for sale by a different person or entity.

“Measured toxicity” means whether the amount of an intentionally added chemical is greater or less than 100 parts per million; or a lower concentration threshold as may be determined by the division to be injurious to human health based upon data from the United States Department of Health and Human Services, the United States Environmental Protection Agency, the World Health Organization, or the International Agency for Research on Cancer.

²“Natural hair fiber” means a fiber made from human hair, for the specific purpose of being used to make a final hair product that resembles human hair.

“Plant-based hair fiber” means a fiber made from plant-based material, for the specific purpose of being used to make a final hair product that resembles human hair.²

“Processing” means mechanically processing ²biological, natural, plant-based, or² synthetic hair fiber by crimping, cutting, styling, ironing, or packaging for sale to individuals.

“Synthetic hair fiber” means a fiber made through the synthesis of artificial materials including but not limited to polyester, nylon, acrylic, or cellulose, for the specific purpose of being used to make a final hair product that resembles human hair.

“Test” means an assessment of measured toxicity of a sufficient quantity of ²biological, natural, plant-based, or² synthetic hair fiber or final hair products from a manufacturer, under widely accepted international scientific standards, or their equivalents, such as those conducted by, but not limited to, the American Society for Testing and Materials; a governmental body or agency of the United States, the World Health Organization, or the European Centre for Disease Prevention and Control; or the member bodies of the International Organization for Standardization. For chemicals without widely accepted scientific standards for testing, the manufacturer shall conduct a rigorous analysis of the current scientific research, to determine the appropriate method of testing the measured toxicity.

“Treatment” means to add any chemicals or materials to ²biological, natural, plant based, or² synthetic hair fiber which may change the original composition of the ²biological, natural, plant-based, or² synthetic hair fiber.¹

“Volatile organic compound” means the same as that term is defined by section 2 of P.L.1995, c.188 (C.26:2C-2).

¹[b. It shall be an unlawful practice and a violation of P.L.1960, c.39 for any person to manufacture, sell, distribute, or offer for sale in this State a hair product that emits volatile organic compounds when used as intended, or contains an intentionally added carcinogen, reproductive toxicant, or flame resistant chemical.]¹

¹2. a. A manufacturer of a final hair product shall ²test the final hair product and² certify that the final hair product it produces is tested in accordance with the provisions of this section.

b. The certification by the manufacturer of a final hair product shall be written, in a manner and form as determined by the division, and shall be valid for a period of five years.

c. The test for certification shall assess the measured toxicity of intentionally added chemicals as distinguished from trace quantity of chemicals.

d. The final hair product manufacturer may omit the testing and certification requirements in subsection a. of this section by certifying that the final hair product manufacturer:

(1) only processes the certified ²biological, natural, plant based, or² synthetic hair fiber; or

(2) does not introduce any new intentionally added chemicals to a certified ²biological, natural, plant-based, or² synthetic hair fiber during treatment.

e. When a manufacturer introduces a new and intentionally added chemical through manufacturing or treatment to a previously tested and certified ²biological, natural, plant-based, or² synthetic hair fiber or final hair product, the manufacturer responsible for adding the new and intentionally added chemical or the manufacturer of ²the certified biological, natural, plant-based, or synthetic hair fiber or²the final hair product shall only test and certify the new and intentionally added chemical and omit the testing and certification required by subsection a. of this section. The provisions of this subsection shall not apply to the processing of ²biological, natural, plant-based, or² synthetic hair fiber or final hair products.

f. To the extent deemed necessary and appropriate by the division, a manufacturer of a final hair product shall maintain an Internet website with up-to-date information about the measured toxicity of the ²biological, natural, plant-based, or² synthetic hair fiber or final hair products that the manufacturer produces, and a plain language summary of the testing results. A manufacturer of a final hair product shall provide a copy of the manufacturer’s certification, as required by subsection b. of this section, to any person or entity that purchases the final hair product from the manufacturer.¹

²g. A manufacturer of a final hair product shall not sell, offer for sale, or distribute a final hair product in the State, including through an internet transaction, if the final hair product contains:

(1) an intentionally added carcinogen or intentionally added reproductive toxicant exceeding the measured toxicity of 100 parts per million; or

(2) an intentionally added volatile organic compound that is a carcinogen or a reproductive toxicant, with a measured toxicity greater than 100 parts per million.

h. If a manufacturer sells, offers for sale, or distributes a final hair product in the State, including through an internet transaction, with an intentionally added volatile organic compound that is neither a carcinogen nor a reproductive toxicant, with a measured toxicity greater than 100 parts per million, the manufacturer shall include a clear and conspicuous warning label or, in the case of an Internet transaction, a clear and conspicuous online warning statement, in no less than size 12-point font which shall state: “Proper ventilation precautions are highly recommended because this product contains a volatile organic compound”. Any person or entity purchasing a final hair product for the sale to or use by a consumer shall provide the consumer with the warning label.

i. A person or entity shall not sell at retail or use on a consumer a final hair product without receiving the certification required by subsections a. or d. of this section from the manufacturer of the final hair product and maintaining the certification for the time period that the final hair product is sold or used.²

²3. Effective upon the date of enactment and expiring upon the first day of the 24th month next after the date of enactment, a person or entity selling at retail a final hair product or a salon or a school for cosmetology or hairstyling using a final hair product shall disclose by, including but not limited to, posting a notice in a prominent location, that a final hair product may contain a:

a. chemical known to cause cancer;

b. chemical known to cause birth defects or other reproductive harm; or

c. chemical known to be an eye, skin, and lung irritant, and proper ventilation precautions are highly recommended.²

²[¹3.] 4.² Except to the extent this section is inconsistent with or otherwise contrary to any State, federal, or international law, or where the director determines that any provisions are inappropriate as applied to a manufacturer, a manufacturer shall be subject to the penalties and consumer protections arising from deceptive business practices, false or misleading advertising, and lying about warranty terms, and any other unlawful practice prohibited by P.L.1960, c.39 (C.56:8-1 et seq.).¹

²[¹4.] 5.² a. Whenever the director finds that a final hair product manufacturer has violated any provision of P.L. , c. (C. ) (pending before the Legislature as this bill), including selling a final hair product without the required certification ²or labeling², or has made a false statement, representation, or certification in any document filed or required to be maintained pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), or a person or entity has sold a final hair product without receiving the certification from the manufacturer of the product who sold that product to the person or entity, the director may:

(1) issue a warning notice of non-compliance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) provide for an opportunity to cure the violation within 90 calendar days following the issuance of the warning notice of non-compliance;

(3) issue an order requiring the violator to comply in a timely manner with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill);

(4) levy a civil administrative penalty in accordance with subsection b. of this section; or

(5) notify the public of each final hair product for which the manufacturer or person or entity is not in compliance with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. With respect to violations of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the director may:

(1) assess a civil administrative penalty of not more than $1,000 on a per-kilogram basis for each kilogram of material of final hair products produced by a manufacturer, sold in the State, and found to be in violation, which penalty shall not exceed $1,000,000 in the aggregate, per year; or

(2) assess a civil administrative penalty of not more than $5,000 for each knowing, purposeful, or reckless violation of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. In assessing any civil administrative penalty provided for in subsection b. of this section, the director shall consider the severity of the violation, the measures taken to prevent further violations, and any efforts at compliance by the manufacturer, or person or entity.

d. Pursuit of any of the remedies specified under this section shall preclude the seeking of any other remedy, including but not limited to those found under P.L.1960, c.39 (C.56:8-1 et seq.), section 2 of P.L.1966, c.39 (C.56:8-14) or section 3 of P.L.1971, c.247 (C.56:8-15).

e. Nothing in subsection a. of this section shall be construed as creating, establishing, or authorizing a private cause of action by an aggrieved party against a ²biological, natural, plant-based, or² synthetic hair fiber manufacturer, or final hair product manufacturer, or of a person or entity who has violated, or who is alleged to have violated, the provisions of subsection a. of this section.¹

¹[2.] ²[5.¹] 6.² This act shall take effect on the first day of the ¹[thirteenth] 24th¹ month ¹next¹ after enactment except that the ¹[Director of the Division of Consumer Affairs] director¹ may take any anticipatory administrative action as may be necessary to effectuate the provisions of this act², and the provisions of section 3 shall be effective immediately².