Consumerism

Consumerism Legislation

Consumerism Legislation

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SB 228 (DeSaulnier-D) Plastic bags: labeling requirements
Establishes labeling requirements for compostable plastic bags.
Chapter 406, Statutes of 2010

SB 336 (Correa-D) Outdoor advertising: sports arenas
Allows certain types of sports arenas to advertise on an outdoor sign the food or beverages consumed on the premises of the arena, if those products were advertised prior to 7/1/08.
(Died in Senate Transportation and Housing Committee)

SB 411 (Ducheny-D) Coupons
Requires a coupon issued by a member(s) of an association to include an Internet Web site address.
(Died in Senate Business, Professions and Economic Development Committee)

SB 427 (Negrete McLeod-D) Automotive repair: auto parts
Increases the penalty from $1,000 to $5,000 under the Automotive Repair Act for an automotive repair dealer who prepares a written estimate for repairs that includes replacement of a deployed airbag that is part of an inflatable restraint system and who fails to repair and fully restore the airbag to original operating conditions. Redefines the term "aftermarket crash part" and adds a definition for "crash part."
Vetoed

SB 437 (Pavley-D) Unlisted telephone numbers
Prohibits all telephone corporations, including cell phone companies, from charging customers for having an unlisted telephone number.
(Died in Senate Energy, Utilities and Communications Committee)

SB 567 (Dutton-R) Outdoor advertising displays
Authorizes an advertising display adjacent to a section of a landscaped freeway by a city, county, or public education facility subject to specified conditions.
(Died in Senate Transportation and Housing Committee)

SB 657 (Steinberg-D) Human trafficking
Provides consumers with new and easily accessible information made available by specified large retailers and manufacturers about these businesses' voluntary efforts to try to eradicate slavery and human trafficking that could inadvertently be in their product supply chains.
Chapter 556, Statutes of 2010

SB 690 (Leno-D) Outdoor advertising
Eases the circumstances under which a governmental entity may, without payment of just compensation, order the removal of signs that were not erected in conformance with laws and ordinances in effect at the time of their erection and signs that were in conformance but have subsequently been altered in violation of their building permit.
(Died in Senate Judiciary Committee)

SB 797 (Pavley-D) Product safety: bisphenol A
Prohibits, beginning in 2012, the sale, manufacture or distribution of a bottle or cup or a liquid, food or beverage in a can, jar or plastic bottle that contains bisphenol A if the item is primarily intended for children three years of age or younger. Repeals this prohibition if the Department of Toxic Substances Control adopts a regulatory response, pursuant to current "Green Chemistry" law, regarding the use of bisphenol A.
(Failed passage on Senate Unfinished Business File)

SB 885 (Corbett-D) Gift cards: dormancy fees
Deletes exemptions to applying dormancy fees on gift certificates, thus prohibiting them, as specified.
Vetoed

SB 888 (Yee-D) Food safety: Asian rice based noodles
Requires manufacturers of Asian rice-based noodles to include a label on the product packaging that includes the date of manufacture and appropriate time for consumption, and permits food facilities to sell Asian rice noodles that have been kept at room temperature for no more than four hours.
Chapter 508, Statutes of 2010

SB 909 (Wright-D) Investigative consumer reporting
Requires a person who procures an investigative consumer report for employment purposes to disclose to the consumer the Internet Web site of the investigative consumer reporting agency. Requires the agency to conspicuously post on its Internet Web site its privacy policy, including information on whether reports are prepared or processed outside of the United States or its territories.
Chapter 481, Statutes of 2010

SB 920 (Yee-D) Telephone directories
With respect to any telephone directory distributed by a telephone corporation or one of its affiliates, requires each corporation to (1) allow any telephone service customer to opt-out of receiving a telephone directory published by a telephone corporation, (2) not deliver a directory, to any subscriber who has opted-out of delivery until the subscriber requests delivery be resumed as specified, and (3) provide on the front cover of its telephone directory, a clear and conspicuous language of the following information (a) a telephone number or Internet Web site address, or both for a subscriber to use in submitting a request to opt-out of delivery of future directories, and (b) a statement that the directory can be recycled.
(Died on Senate Inactive File)

SB 928 (Simitian-D) Consumer products
Requires a manufacturer of a cleaning or a maintenance product to disclose the product's ingredients on the manufacturer's Web site.
(Died in Senate Appropriations Committee)

SB 929 (Pavley-D) Children's jewelry: hazardous materials
Prohibits, commencing on 1/1/12, a person from manufacturing, shipping, or selling children's jewelry that contains cadmium at any level above 300 parts per million.
Chapter 313, Statutes of 2010

SB 933 (Oropeza-D) Debit cards: service fees
Extends existing law which prohibits retailers from imposing a surcharge on credit card purchases to also include debit card purchases.
Vetoed

SB 1100 (Corbett-D) Product stewardship: household batteries
Requires producers of household batteries to institute programs to manage used household batteries by 9/30/11. Requires battery producers to set up and finance programs to take back used batteries and recycle or properly dispose of them. Sets out target collection rates of 25% by 2014 and 45% by 2016. Requires the Department of Resources Recycling and Recovery (DRRR) to review and approve the producers' plans. Producers are required to pay regulatory fees to DRRR.
(Died in Assembly Rules Committee)

SB 1111 (Negrete McLeod-D) Consumer Health Protection Enforcement Act
Enacts the Consumer Health Protection Enforcement Act that includes various provisions affecting the investigation and enforcement of disciplinary actions against licensees of healing arts boards.
(Failed passage in Senate Business, Professions and Economic Development Committee)

SB 1212 (Leno-D) Cell phones: specific absorption rate disclosures
Requires specific language relating to the specific absorption rate, to be included at the point of sale on the Internet Web site of a phone service provider or manufacturer on the exterior packaging, and in the instruction manuals of cellular telephone devices that are sold in the State of California.
(Died on Senate Inactive File)

SB 1291 (Leno-D) Chemicals of concern: flame retardants
Requires the Department of Toxic Substances Control to include, as a chemical under consideration, any chemical that is used, or is proposed to be used, as a flame retardant, in accordance with the review process under the current chemical of concern regulations.
(Died on Senate Inactive File)

SB 1308 (Maldonado-R) Grocers: display of farm product prices
Requires a grocer that directly buys farm products, as defined, from a farmer to display the price the grocer paid the farmer for his/her farm product. Requires that the price be displayed underneath the price the grocer is charging the consumer for the farm product.
(Died in Senate Food and Agriculture Committee)

SB 1365 (Corbett-D) Consumer products: toys
Updates California's toy safety statutes that prohibit the manufacture or sale of any toy that is coated with paints and lacquers containing compounds of lead to reference the lead content permitted by federal regulations adopted pursuant to the Consumer Product Safety Act and the Consumer Product Safety Improvement Act of 2008.
Chapter 331, Statutes of 2010

SB 1390 (Corbett-D) Prescription drug labels
Repeals the requirement that the Board of Pharmacy promulgate regulations requiring a standardized, patient-centered, prescription drug label on all prescription medications dispensed to patients in California on or before 1/1/11, and establishes requirements for standardized patient-centered prescription drug labels.
(Failed passage in Assembly Business and Professions Committee)

SB 1454 (DeSaulnier-D) Plastic products
Repeals the existing separate requirements for "compostable" or "marine degradable" plastic bags and food packaging and replaces them with a uniform requirement for all plastic products.
Vetoed

SB 1470 (Leno-D) Outdoor advertising
Makes more precise the definition of lawfully erected signs and provides that a civil action may be taken against the owner of an unlawfully erected sign for the disgorgement of revenues and for civil penalties not to exceed $2,500, for each day a sign is not lawfully erected or that is in violation of any state law, local ordinance, or local building permit requirement.
(Died on Senate Inactive File)

AB 19 (Ruskin-D) Product labeling: greenhouse gas emissions
Directs the Air Resources Board to develop a program for the voluntary labeling of consumer goods with information on the emissions of greenhouse gases associated with the product.
(Died In Senate Appropriations Committee)

AB 109 (Feuer-D) Outdoor advertising: digital advertising displays
Prohibits an advertising display that is visible from a state, county, or city highway, as specified, from being constructed as, or converted, enhanced, improved, modified, modernized, or altered, unless it complies with a municipalities specified permitting process, as described in state law.
(Died in Assembly Governmental Organization Committee)

AB 230* (Charles Calderon-D) Internet transactions
Requires a business that provides banking or other financial services over the Internet to implement and maintain reasonable policies and procedures for authenticating, and verifying the legitimacy of a consumer transaction over the Internet, as specified.
(Died in Assembly Judiciary Committee)

AB 323 (Yamada-D) Automobile tires
Requires an automobile repair dealer to list on the invoice the manufacture date of any tire installed or sold by the dealer.
(Died in Assembly Business and Professions Committee)

AB 350 (Lieu-D) Debt management and settlement
Enacts the Debt Settlement Service Act for the purpose of licensing debt settlement service providers.
(Died In Assembly Judiciary Committee)

AB 393 (Yamada-D) Vehicle warranties: disabled rights
Extends vehicle manufacturer warranty requirements to any vehicle manufacturer who modifies new vehicles into vehicles usable by persons with disabilities.
(Died in Assembly Business and Professions Committee)

AB 416 (Block-D) Developmental services: consumer abuse registry
Requires providers of services to consumers with developmental disabilities (DD consumers) to report evidence of DD consumer abuse to investigating agencies, requires investigating agencies to report substantiated cases of DD consumer abuse to the Department of Developmental Services, and requires the department to develop a registry of direct service workers with histories of substantiated reports of abuse.
(Died in Assembly Appropriations Committee)

AB 437 (Yamada-D) Mobile telephony service
Prohibits a mobile telephony service provider from directing a customer to a sales representative for the provider when the customer attempts to use the service to complete a telephone call to a person or business other than the provider.
(Died in Assembly Utilities and Commerce Committee)

AB 448 (Torres-D) Consumer affairs: financial education
Requires the Department of Consumer Affairs to utilize existing resources to participate with the Financial Literacy and Education Commission to implement, in California, a financial literacy education campaign.
(Died in Assembly Appropriations Committee)

AB 519 (Solorio-D) Towing charges
Requires towing companies to provide consumers with a Towing Fees and Access Notice and an itemized invoice of all towing or storage fees, or both. Specifies who is authorized to retrieve or inspect a towed vehicle and relieves the towing company of responsibility for determining the authenticity of documents provided to demonstrate a person's authority.
Chapter 566, Statutes of 2010

AB 792 (Duvall-R) Mail solicitations: disclosures
Revises AB 2059 (Nunez-D), Chapter 738, Statutes of 2008, which required that companies provide additional disclosures when mailing solicitations that request a consumer to consent to receive marketing information by telephone. Permits a company to include a space on the solicitation for a consumer to provide his/her telephone number.
(Died In Senate Judiciary Committee)

AB 833 (John Perez-D) Rental passenger vehicles: contracts
Allows car rental companies to shift the burden of proof from the rental company to the renter to establish whether there is clear and convincing evidence that the renter or authorized driver failed to exercise ordinary care while in possession of the vehicle if the vehicle is stolen, making the renter responsible for the theft up to the fair market vale of the vehicle. Authorizes a car rental company to make the renter responsible for the replacement cost of the vehicle ignition key or remote keyless entry system if the renter fails to return them, as well as actual towing, storage, or impound costs incurred by the car rental company associated with the renter's failure to return the ignition key or remote keyless entry system.
(Died in Assembly Judiciary Committee)

AB 903 (Chesbro-D) Compostable plastic bags
Requires manufacturers of compostable plastic bags to ensure that bags are readily identifiable by consumers. Requires manufacturers to submit reports to the state showing that their bags meet specified certifications.
(Died in Senate Appropriations Committee)

AB 1141 (Charles Calderon-D) Carryout bags
Requires operators of stores (defined as supermarkets and stores over 10,000 square feet that include a pharmacy) to establish and in-store plastic carryout bag recycling program.
(Died in Assembly Natural Resources Committee)

AB 1437 (Huffman-D) Shelled eggs: animal care standards
Prohibits shelled eggs from being sold for human consumption in California if the farm or location for production is not in compliance with California animal care standards beginning 1/1/15.
Chapter 51, Statutes of 2010

AB 1656 (Ma-D) Clothing apparel: fur products
Requires all clothing apparel for sale in this state that contains genuine animal fur, regardless of price or value of the fur, to carry an attached tag or label stating the animal from which the fur was acquired and the country of origin of any imported fur.
Vetoed

AB 1720 (Galgiani-D) Buyer's Choice Act
Amends the Buyer's Choice Act to add short sales, requires sellers to provide a specific disclosure form to borrowers to describe their fights under the Buyer's Choice Act, and prescribes specific actions which must be taken by buyers and sellers in specific circumstances.
(Failed passage in Senate Banking, Finance, and Insurance Committee)

AB 1731 (Tran-R) Vehicle rental agreements
Revises consumer protections regarding vehicle rentals. Deletes the provision in existing law tying damage waiver fee caps to the retail price of the vehicle, and instead ties those fees to the class of vehicle (e.g., compact, midsize, premium).
(Failed passage in Senate Judiciary Committee)

AB 1930 (De La Torre-D) Glass beads: hazardous waste
Prohibits the manufacture or sale of glass beads for use in certain kinds of blasting, if the beads contain more than 75 parts per million of arsenic or 100 parts per million of lead.
Chapter 368, Statutes of 2010

AB 1998 (Brownley-D) Single-use carryout bags
Prohibits retailers from providing single-use bags to customers. Authorizes retailers to provide reusable bags that meet specified standards to customers. Requires retailers to provide recycled paper bags to customers for not less than $0.05 per bag.
(Failed passage on Senate Floor)

AB 2059 (Charles Calderon-D) Vehicle rental agreements
Temporarily provides a mechanism for service of legal process on non-residents who cause injuries involving rental cars in California, up to a maximum contractual limit.
Vetoed

AB 2076 (Salas-D) Advertising: floral and ornamental products
Makes it unlawful for a provider or vendor of floral or ornamental products or services, as defined, to misrepresent the geographic location of its business, as specified.
Vetoed

AB 2111 (Smyth-R) Service contracts
Expands the number of parties who may sell service contracts, requires a service contract reimbursement insurance policy for all service contracts, permits electronic sets, appliances and their accessories to be covered by service contracts, excludes contracts for structural wiring associated with the delivery of cable, telephone, or broadband services from the definition of service contract, exempts certain financial institutions and specified electrical device manufacturer or contractors from the definition of "service contract seller," and makes changes to service contract provisions, as specified.
Chapter 543, Statutes of 2010

AB 2118 (Hernandez-D) New car sales: credit scores
Requires a vehicle dealers who obtains a consumer credit score from a consumer credit reporting agency in regard to the potential purchase or lease of a motor vehicle for personal, family, or household use, to provide the consumer prior to the sale or lease of the vehicle, in at least 10-point type on a document separate from the sale or lease contract, a credit score disclosure notice that meets the form and content requirements in the Code of Federal Regulations, as those requirements may be amended.
(Died in Senate Judiciary Committee)

AB 2137 (Chesbro-D) Fertilizing material: labels
Adds to the definitions of "fertilizing material labels and labeling" an exemption for certified lab analysis that show nutrient contents of compost, cocompost or mulch.
(Died on Senate Inactive File)

AB 2185 (Lieu-D) Gift certificates
Prohibits a retailer from advertising as a gift certificate or gift card any promotional item, award, or loyalty that does not comply with the requirements of California's gift card law and any other existing laws or regulations pertaining to gift certificates or gift cards.
(Died in Assembly Business and Professions Committee)

AB 2256 (Huffman-D) Product labeling: flushable products
Prohibits a person from packaging or labeling a consumer product for distribution or sale in California as flushable, sewer and septic safe, or other like term or phrase, unless the product meets certain criteria, as specified.
(Died in Senate Environmental Quality Committee)

AB 2294 (Block-D) Pedicabs: licensing
Defines "pedicab" and allows local authorities to license and regulate the operation of pedicabs for hire including a requirement that an operator obtain a valid California driver's license.
Chapter 614, Statutes of 2010

AB 2398 (John Perez-D) Product stewardship: carpet
Prohibits producers and retailers of carpet from selling carpet in California unless the producer or a carpet stewardship organization has submitted a stewardship plan to the Department of Resources Recycling and Recovery, as specified.
Chapter 681, Statutes of 2010

AB 2532 (Bill Berryhill-R) Automotive Consumer Notification Act: consumer warranties
Deletes the 10,000-pound weight restriction on vehicles covered under the Lemon Law, and includes in the definition of "new motor vehicle" a new commercial motor vehicle or combination of new vehicles that require a class A, class B, or a class C license, as specified.
(Died on Assembly Inactive File)

AB 2654 (Hill-D) Solicitations
Specifies requirements for solicitations that could be construed or interpreted as involving a state or federal governmental entity, including certain disclosures on the front and back of every page of the solicitation and the envelope; establishes penalties for violating specified disclosure requirements; and makes various technical changes.
Vetoed

AB 2756 (Blumenfield-D) Mobile billboard advertising
Defines "mobile billboard advertising display" as an advertising display that is attached to a wheeled, mobile, non-motorized vehicle that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising. Allows a local jurisdiction to regulate mobile billboard advertising displays, including the establishment of penalties, as specified.
Chapter 615, Statutes of 2010

ACR 152 (Hernandez-D) Vehicles: automotive aftermarket
Recognizes the contributions of the automotive aftermarket to the state and consumers and its efforts to educate the motoring public about the benefits of proper vehicle maintenance. Recognizes and supports the designation of April as National Car Care Month and encourages all citizens to participate in activities that promote proper vehicle maintenance.
Resolution Chapter 150, Statutes of 2010

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