BILL ANALYSIS
SB 509
Page 1
Date of Hearing: June 10, 2008
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
SB 509 (Simitian) - As Amended: June 5, 2008
SENATE VOTE : 21-16
SUBJECT : Consumer products: content information.
SUMMARY : Requires a manufacturer to disclose information about
designated consumer product ingredients, as specified.
Specifically, this bill :
1)Prohibits the manufacture or sale of designated consumer
products in California unless the manufacturer or seller of
the product discloses each ingredient contained in the product
that exceeds one-tenth of 1%.
2)This disclosure may be fulfilled:
a) By affixing a label on the product, or providing an
information sheet accompanying the product at the time of
sale that lists the product ingredients; or
b) By posting the product ingredient information on the
manufacturer's Internet Web Site.
3)Defines the following:
a) "Designated consumer product" as any product included in
the following categories:
i) "Air care product" means a chemically formulated
consumer product designed to affect indoor air;
ii) "Automotive product" means a chemically formulated
consumer product designed to maintain the appearance of a
motor vehicle;
iii) "Cleaning product" means a soap, detergent, or other
chemically formulated product designed for personal
hygiene, fabric care, dish or other ware washing, or
surface cleaning; and,
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iv) "Polish or floor maintenance product" means a
chemically formulated consumer product such as polish,
wax, or a restorer, designed to polish, protect, or
maintain furniture, floors, metal, leather, or other
surfaces.
b) "Manufacturer" means a person or entity that
manufactures a designated consumer product in this state.
4)Makes legislative findings and declarations.
5)States that the provisions of this article are severable, and
shall only be implemented to the extent permitted by federal
law.
EXISTING LAW :
1)Provides protection of the public against unreasonable risks
of injury associated with consumer products, largely by
developing uniform safety standards for those products, under
the federal Consumer Product Safety Act (15 U.S.C. Section
2051 et seq.).
2)States that adequate data should be developed with respect to
the effect of chemical substances and mixtures on health and
the environment and that the development of such data should
be the responsibility of those who manufacture and those who
process such chemical substances and mixtures (Toxic
Substances Control Act (15 U.S.C.A. Sections 2601 to 2692)).
3)Requires the manufacturer of a cosmetic product to disclose to
the Department of Health Services a list of any ingredient in
their product that is a chemical which has been identified to
cause cancer or reproductive damage, pursuant to the
California Safe Cosmetics Act of 2005.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill : According to the author's office, "The
bill responds to the need by businesses and others to obtain
information about the ingredients in consumer products in order
to make informed decisions in the marketplace; as recently
stated by the Department of Toxic Substances Control, there is a
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need to expand the amount and ease of accessing information on
chemicals by encouraging manufacturers of consumer products to
communicate information about the ingredients in products."
Background : The San Francisco Chronicle published an article in
July 2007 revealing that dozens of common household cleaning
products contain a toxic chemical, 2-butoxyethanol (EGBE), which
is linked to fertility disorders in lab animals.
"It's difficult for consumers to know whether their favorite
cleaner contains the chemical because manufacturers aren't
required to list it on the label. Neither the state nor the
federal government regulates indoor air pollution.
"William Nazaroff, [a professor of environmental engineering and
chairman of the Energy and Resources Group at UC Berkeley]
conducted a study for the California Air Resources Board in 2006
on the indoor air chemistry of cleaning agents and toxic air
contaminants. He found that people using some common products
containing EGBE [a toxic chemical] could be exposed to levels 12
times greater than California's one-hour exposure guideline.
"[Nazaroff stated,] 'None of these are (legally enforceable)
standards for ordinary indoor environments. We have a blind
spot in our regulatory structure for toxic air pollutants,'
Nazaroff said. 'It defies logic to think that it's unsafe to be
exposed outdoors but it would be safe to be exposed at that
level indoors.'"
According to the Senate Environmental Quality Committee
analysis, of all federal environmental statutes, the Toxic
Substances Control Act of 1976 (TSCA) is the only law that is
intended to enable regulation of chemicals both before and after
they enter commerce. Numerous academic, legal, and scientific
bodies have all concluded that TSCA has not served as an
effective vehicle for the public, industry, or government to
assess the hazards of chemicals in commerce. After decades of
implementation, TSCA has largely failed to provide the necessary
information to assess the health and environmental effects for
tens of thousands of chemicals in commerce.
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The labeling of household cleaning products falls under two
federal statutes and one state statue - the Federal Hazardous
Substances Act (FHSA), the Fair Packaging and Labeling Act
(FPLA), and California's Safe Drinking Water and Toxic
Enforcement Act of 1986, better known as Proposition 65.
FHSA, administered by the Consumer Product Safety Commission,
requires product labeling of hazardous substances sold to
households to help consumers safely use those products. FHSA
regulations provide specific guidelines to determine potential
risks specific to the entire formulation and package. The label
must communicate specific risks associated with the product and
appropriate handling and storage information. Product risk
assessments are the basis for label decisions and precautionary
label text to protect consumers and children. These risks are
determined by the manufacturer, however, and often only active
ingredients are listed on the product label, leaving many
chemical ingredients outside the requirements.
Products must also comply with California's Proposition 65.
Proposition 65 requires the State to publish a list of chemicals
known to cause cancer or birth defects or other reproductive
harm, and requires requires businesses to notify Californians
about the presence of listed chemicals in the products they
purchase, in their homes or workplaces, or that are released
into the environment. This list is not exhaustive, however.
California is making attempts to close this consumer safety gap.
The California Environmental Protection Agency (CalEPA) created
the California Green Chemistry Initiative in April 2007 by
requesting that the Department lead a broad public process to
generate ideas that could fill information and safety gaps about
chemicals, develop overall policy goals, and identify and
recommend policy options. The Green Chemistry Initiative
Science Advisory Panel released a report in May 2008 titled,
"Green Chemistry Options for the State of California," that
recommended mandatory information disclosure. The report
acknowledged that "existing product labeling requirements and
material safety data sheets reveal very little about the
chemical components of common products, whether in formulations
(i.e., chemical mixtures) such as cosmetics or household
cleaners, or in finished goods like toys, clothing, and
automobiles.
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"California could address this data gap by requiring
manufacturers to provide the state with a list of all
ingredients in their products?. California's long experience
with Proposition 65 provides a precedent for requiring
businesses to discover and disclose chemicals in their products
or processes. However, this proposal would go beyond substances
on the existing state list of carcinogens and reproductive
toxics."
Support : The East Bay Municipal Utility District writes in
support, "SB 509 would provide content information that would
assist the Department in establishing a baseline on the use of
toxics materials in California and would help to further the
advancement of the Green Chemistry Initiative. In addition, SB
509 would provide consumers and business with greater access to
content information on the consumer products they use."
Opposition : A number of associations joined together to issue
the following statement in opposition: "Our primary concern is
that proprietary and confidential business information (CBI)
must be protected. We are in agreement that meaningful
ingredient communication is desirable. Without the ability to
protect CBI, the incentive for companies to get behind the Green
Chemistry movement and invest in the research to discover new
alternatives will be in jeopardy. Solving the CBI problem is
not only paramount to acceptability of this bill to
manufacturers, but also to the Green Chemistry Initiative
underway at CalEPA."
Double-referred . This bill is double-referred to Assembly
Environmental Safety and Toxic Materials.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees,
AFL-CIO
Breast Cancer Fund
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East Bay Municipal Utility District
Planning and Conservation League
Sierra Club of California
Opposition
American Chemistry Council
California Chamber of Commerce
California Distributors Association
California League of Food Processors
California Manufacturers & Technology Association
California Retailers Association
Consumer Specialty Products Association
Grocery Manufacturers Association
Industrial Environmental Association
Western Plant Health Association
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301