BILL NUMBER: SB 1713 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 1, 2008
AMENDED IN SENATE MAY 6, 2008
AMENDED IN SENATE APRIL 8, 2008
INTRODUCED BY Senators Migden and Perata
( Principal coauthor: Assembly Member
Lieber )
FEBRUARY 22, 2008
An act to amend Sections 108937 and 108939 of the Health and
Safety Code, relating to product safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1713, as amended, Migden. Children's products:
bisphenol. bisphenol A.
Existing law, commencing January 1, 2009, prohibits the
manufacture, sale, or distribution in commerce of certain toys and
child care articles, as defined, if those products contain specified
types of phthalates in concentrations exceeding 1/10 of 1%.
It also requires manufacturers to use the least toxic alternative
when replacing phthalates in their products and would prohibit
manufacturers from replacing phthalates with certain carcinogens and
reproductive toxicants.
The bill would enact the Toxin-Free Toddlers and Babies Act,
which would apply the above-described prohibition and least
toxic alternative requirements to certain child care articles that
contain bisphenol A in detectable levels. The act would prohibit
the manufacture, sale, or distribution in commerce of any bottle,
cup, or other container that contains bisphenol A at a level above
0.1 parts per billion (ppb), if the container is designed
or intended to be filled with any liquid, food, or beverage primarily
for consumption from that container by infants or children 3 years
of age or younger. The act would prohibit, commencing January 1,
2010, the manufacture, sale, or distribution in commerce of any
liquid, food, or beverage in a can, jar, or other container
containing bisphenol A, at a level above 0.1 ppb if the liquid, food,
or beverage is designed or intended primarily for consumption by
infants and children 3 years of age or younger.
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. This act shall be known, and may be
cited, as the Toxin-Free Toddlers and Babies Act.
SECTION 1. SEC. 2. The Legislature
finds and declares all of the following:
(a) In 2007, the Legislature enacted a law to ban phthalates, a
class of chemicals used in polyvinyl chloride (PVC) plastic to
improve flexibility and in cosmetics to bind fragrance to the
product.
(b) That law limited the ban to phthalates in products intended
for use by young children, such as teethers, toys, and soft plastic
books.
(c) There is further evidence that bisphenol A (BPA) also poses
significant health concerns for children.
(d) The purpose of this act is to build on the law enacted in 2007
to ensure that children are not exposed to harmful toxins.
SEC. 2. SEC. 3. Section 108937 of
the Health and Safety Code is amended to read:
108937. (a) No person or entity shall manufacture, sell, or
distribute in commerce any toy or child care article that contains
di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or
benzyl butyl phthalate (BBP), in concentrations exceeding 0.1
percent.
(b) No person or entity shall manufacture, sell, or distribute in
commerce any toy or child care article intended for use by a child
under three years of age if that product can be placed in the child's
mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate
(DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding
0.1 percent.
(c) No person or entity shall manufacture, sell, or distribute in
commerce any child care article intended for use by a child
three years of age or younger if that product contains bisphenol A in
detectable levels. Notwithstanding subdivision (b) of Section
108935, for purposes of this subdivision, "child care article" means
any food or beverage container or other product designed or intended
to contain liquids for consumption by infants or children 3 years of
age or younger. commerce any bottle, cup, or other
container that contains bisphenol A, at a level above 0.1 parts per
billion (ppb), if the container is designed or intended to be filled
with any liquid, food, or beverage primarily for consumption from
that container by infants or children three years of age or younger.
(d) Notwithstanding subdivision (c), commencing January 1, 2010,
no person or entity shall manufacture, sell, or distribute in
commerce any liquid, food, or beverage in a can, jar, or other
container containing bisphenol A, at a level above 0.1 parts per
billion (ppb) if the liquid, food, or beverage is designed or
intended primarily for consumption by infants or children three years
of age or younger.
SEC. 3. SEC. 4. Section 108939 of
the Health and Safety Code is amended to read:
108939. (a) Manufacturers shall use the least toxic alternative
when replacing bisphenol A and phthalates in accordance with this
chapter.
(b) Manufacturers shall not replace bisphenol A and phthalates,
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 "List of Chemicals Evaluated
for Carcinogenic Potential," or known to the state to cause cancer as
listed in the California Safe Drinking Water Act (Chapter 4
(commencing with Section 116270) of Part 12). Safe
Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6
(commencing with Se ction 25249.5) of Division 20).
(c) Manufacturers shall not replace bisphenol A and phthalates,
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).