(a) A person shall not manufacture, sell, offer for sale, or
offer for promotional purposes in this state glass beads that
contain 75 parts per million (ppm) or more of arsenic or 100 ppm or
more of lead by weight, if those glass beads will be used with
pressure, suction, or wet- or dry-type blasting equipment.
(b) (1) The concentration of arsenic and lead shall be determined
in accordance with guidelines from EPA reference Method 3052 using
hydrofluoric acid (HF) for sample preparation or digestion.
(2) The digested sample shall be analyzed using an analytical
instrument recognized by EPA such as ICP-AES, ICP-MS, or other
recognized analytical instrument.
(3) The sample analysis method shall be capable of achieving
recovery within the method criteria limits of arsenic and lead. A
glass matrix reference material from, or traceable to, the National
Institute for Standards and Technology shall be used to verify lead
and arsenic concentrations specified in subdivision (a).
(4) The sample preparation method shall be capable of achieving
recovery within the method criteria limits of arsenic and lead from a
glass matrix reference standard from, or traceable to, the National
Institute for Standards and Technology containing the metals near the
concentrations specified in subdivision (a).
(c) Each container or bag of glass beads sold in this state for
surface preparation, including the cleaning, peening, finishing, and
deburring of aluminum and stainless steel products, and that will be
used with pressure, suction, or wet- or dry-type blasting equipment,
shall be labeled with the following:
(d) The department may require any person who manufactures, sells,
or offers for sale, in this state glass beads to provide to the
department information, including, but not limited to, identification
of the manufacturer or supplier of the glass beads, information
related to the sale of the glass beads, and technical documentation
showing that the glass beads are in compliance with the requirements
of this article. The documentation or information shall be submitted
to the department no more than 28 days after the date of the request.
(e) (1) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, may, upon presenting appropriate credentials and
at a reasonable time, do any of the following:
(A) Enter a factory, warehouse, or establishment where glass beads
are manufactured, packed, held, or sold; enter a vehicle that is
being used to transport, hold, or sell glass beads; or enter a place
where glass beads are being held or sold.
(B) Inspect a factory, warehouse, establishment, vehicle, or place
described in subparagraph (A), and all pertinent equipment, raw
material, finished and unfinished materials, containers, and labeling
in the factory, warehouse, establishment, vehicle, or place. In the
case of a factory, warehouse, or establishment where glass beads are
manufactured, packed, held, or sold, this inspection shall include
any record, file, paper, process, control, and facility that has a
bearing on whether the glass beads are being manufactured, packed,
held, transported, sold, or offered for sale or for promotional
purposes in violation of this article.
(C) (i) Secure a sample of glass beads when taking an action
authorized pursuant to this subdivision. If the representative
obtains a sample prior to leaving the premises, he or she shall leave
a receipt describing the sample obtained.
(ii) The department shall return, upon request, a sample that is
not destroyed during testing when the department no longer has any
purpose for retaining the sample.
(iii) A sample that is secured in compliance with this section and
found to be in compliance with this article that is destroyed during
testing shall be subject to a claim for reimbursement.
(D) Access all records of a carrier in commerce relating to the
movement in commerce of glass beads, or the holding of glass beads
during or after the movement, and the quantity, shipper, and
consignee of the glass beads. A carrier shall not be subject to the
other provisions of this article by reason of its receipt, carriage,
holding, or delivery of glass beads in the usual course of business
as a carrier.
(2) An authorized representative of the department shall be deemed
to have received implied consent to enter a retail establishment,
for purposes of this section, if the authorized representative enters
the location of that retail establishment where the public is
generally granted access.
This article does not limit, supersede, duplicate, or
otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority of the department to include products in a product registry
established pursuant to the regulations adopted in accordance with
that article or any testing or labeling requirements pursuant to that
article. Notwithstanding subdivision (c) of Section 25257.1, glass
beads shall not be considered as a product category already regulated
or subject to pending regulation for purposes of Article 14
(commencing with Section 25251).
This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends