BILL NUMBER: SB 1313	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 19, 2008
	AMENDED IN SENATE  APRIL 29, 2008
	AMENDED IN SENATE  APRIL 10, 2008
	AMENDED IN SENATE  MARCH 28, 2008

INTRODUCED BY   Senator Corbett

                        FEBRUARY 20, 2008

   An act to add Chapter 12 (commencing with Section 108940) to Part
3 of Division 104 of the Health and Safety Code, relating to product
safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1313, as amended, Corbett. Product safety: perfluorinated
compounds.
   Existing law prohibits the manufacture, processing, and
distribution in commerce of any product contact containing certain
chemicals found to raise health risks, including polybrominated
diphenyl ethers.
   This bill would, commencing January 1, 2010, prohibit the
manufacture, sale, or distribution of any food contact substance, as
defined, that contains perfluorinated compounds, as defined, in any
concentration exceeding 10 parts per billion.
   This bill would also require manufacturers to use 
nontoxic   the least toxic  alternatives when
replacing perfluorochemicals or their precursors and prohibit
manufacturers from replacing perfluorinated compounds with certain
carcinogens and reproductive toxins.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Perfluorochemicals (PFCs) and their precursors have been used
in the manufacture of stain- and grease-proof coatings for a wide
variety of consumer products for more than half a century, and are
now found in human blood and wildlife worldwide.
   (b) PFCs and precursor chemicals that break down into PFCs in the
body, wildlife, or the environment are used as food contact
substances that represent potential sources of dietary exposure to
these chemicals.
   (c) Recent studies have demonstrated the presence of two
particular perfluorochemicals, perfluorooctane sulfonate (PFOS) and
perfluorooctanoic acid (PFOA), in more than 98 percent of Americans'
blood, and 100 percent of 293 newborns surveyed.
   (d) PFOA is considered by the federal Environmental Protection
Agency (EPA) Science Advisory Board to be a likely carcinogen and is
considered a chemical that induces breast tumors in animals. In
addition, PFOA and PFOS have been linked to problems in pregnancy,
including developmental complications.
   (e) Federal Food and Drug Administration (FDA) scientists note
that food packaging represents the worst-case scenario for PFCs to
migrate into food. In one FDA study, food packaging released several
hundred times more PFCs than did cookware coated with substances like
Teflon.
   (f) The EPA has established a voluntary phase-out of certain
perfluorochemicals, including PFOA, that will go into effect in 2015.
PFOS was removed from the market by the only United States
manufacturer under pressure by the EPA in 2001.
   (g) It is in the best interest of California to eliminate the
presence of dangerous perfluorochemicals and their precursors in food
packaging, as soon as reasonably possible.
  SEC. 2.  Chapter 12 (commencing with Section 108940) is added to
Part 3 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 12.  PERFLUOROCHEMICALS (PFCS)


   108940.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Food contact substance" is any substance that directly
contacts food, and is intended for use as a component of materials
used in manufacturing, packing, packaging, transporting, or holding
food.
   (b) "Perfluorinated compounds" means perfluorooctanoic acid (PFOA)
or perfluorooctane sulfonate (PFOS), or PFOA- and PFOS-homologues
that differ only in the length of the fluorinated carbons and contain
more than five fluorinated carbon atoms, or chemicals that are
reasonably suspected to degrade in the environment to PFOA or PFOS,
or PFOA- and PFOS-homologues containing more than five 
carbon fluorinated   fluorinated carbon  atoms.
"Perfluorinated compound" includes all acids, salts, or ionic forms
of the perfluorinated compounds.
   108941.  On or after January 1, 2010, no person or entity shall
manufacture, sell, or distribute in commerce any food contact
substance that contains perfluorinated compounds, in any
concentration exceeding 10 parts per billion (ppb).
   108942.  (a) Manufacturers shall use  nontoxic 
 the least toxic  alternatives when replacing
perfluorochemicals or their precursors in accordance with this
chapter.
   (b) Manufacturers shall not replace perfluorinated compounds,
pursuant to this chapter, with carcinogens rated by the United States
Environmental Protection Agency as A, B, or C carcinogens, or
substances listed as known or likely carcinogens, known to be human
carcinogens, likely to be human carcinogens, or suggestive of being
human carcinogens, as described in the  United States
Environmental Protection Agency's  "List of Chemicals Evaluated
for Carcinogenic Potential," or known to the state to cause cancer as
listed in the California Safe Drinking Water  Act 
 and Toxic Enforcement Act of 1986  (Chapter 4 (commencing
with Section 116270) of Part 12)  enacted by Proposition 65 
.
   (c) Manufacturers shall not replace perfluorinated compounds,
pursuant to this chapter, with reproductive toxicants that cause
birth defects, reproductive harm, or developmental harm as identified
by the United States Environmental Protection Agency or listed in
the California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116270) of Part 12).