Hazardous Materials Reporting: Retail

New Reporting Requirements: AB2059

In support of a new statewide requirement known as Assembly Bill (AB) 2059, the Ventura Fire Department will be enforcing new reporting thresholds for hazardous materials related to storage, dispensing, use, and handling in retail establishments.

AB2059 amended the existing law related to Hazardous Material Business Plan and Health and Safety Code Chapter 6.95 with narrower definitions for “consumer product,” “retail establishment,” and “supplier,” thus expanding the scope of hazardous materials subject to regulation.

This update requires retail establishments to add consumer products to the facility’s inventory of hazardous materials when they are stored on-site. If the consumer product meets the specified thresholds and have ratings of 3 or 4 in any category of the NFPA or HMIS rating scale, those products must be included in the Hazardous Materials Business Plan inventory.

The consumer products should also be reported in the California Environmental Reporting System (CERS) within 30 days if they meet or exceed these thresholds: 165 gallons, 1,500 pounds, and/or 600 cubic feet.

Definition Changes

Consumer product: commodity that is used for personal, family, or household purposes, or that is present in the same form, concentration, and quantity as a product prepackaged for distribution to a consumer for personal, family, or household purposes.
- A product that is not sold for personal, family, or household use is not a "consumer product."
- Common consumer products subject to reporting include, but are not limited to:
  - Propane, Butane, Hand sanitizer, WD-40, Easy-off cleaner, Clorox, Bleach, Lysol Disinfectant Spray, and Pool chemicals
Retail establishment:a business that sells consumer products prepackaged for direct distribution to, and intended use by, the end user. A retail establishment may include storage areas or storerooms that are separated from shelves or display areas, but maintained within the physical confines of the retail establishment.
- A retail establishment does not include a pest control dealer.
Supplier: a manufacturer, distributor, wholesaler, or retailer in the state that sells or provides hazardous materials to a business in the state.