BILL ANALYSIS
AB 319
Page 1
Date of Hearing: April 26, 2005
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Ira Ruskin, Chair
AB 319 (Chan) - As Amended: April 19, 2005
SUBJECT : Phthalates and bisphenol-A in children's products.
SUMMARY : Prohibits the use of Bisphenol-A and phthalates in
toys and childcare products designed for babies and children
under three years of age. Specifically, this bill :
1)Prohibits, commencing on January 1, 2007, the manufacture,
sale, or distribution in commerce of any toy or child care
article that is intended for use by a child under 3 years of
age if that product contains (1) bisphenol-A, (2) contains
DEHP, DBP, or BBP in concentrations exceeding 0.1%, or (3) is
intended for use by a child under 3 years of age if that
product can be placed in the child's mouth and contains DINP,
DIDP, or DNOP in concentrations exceeding 0.1%.
2)Requires manufacturers to use the least toxic alternative when
replacing bisphenol-A and phthalates in their products and
would prohibit manufacturers from replacing bisphenol-A and
phthalates with certain carcinogens and reproductive
toxicants.
3)Makes a person who violates this act liable for the payment of
a civil penalty of not less than $10,000 for each day of
violation, to be assessed and recovered in a civil action by
the Attorney General and deposited in a newly established
Penalty Account in the State Treasury. The bill would
authorize the California Environmental Protection Agency to
expend the money in the account, upon appropriation by the
Legislature, to develop and implement a public information
program regarding the health risks of products that contain
bisphenol-A and phthalates.
EXISTING LAW prohibits the manufacture, processing, and
distribution in commerce of products containing chemicals found
to raise health risks, including, but not limited to,
polybrominated diphenyl ether.
Requires, under the Safe Drinking Water and Toxic Enforcement
Act of 1986 (commonly known as Proposition 65) the Governor to
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revise and publish a list of chemicals that have been
scientifically proven to cause cancer or reproductive toxicity
each year. Prohibits any person in the course of doing business
in California from knowingly exposing any individual to a
chemical known to the state to cause cancer or reproductive
toxicity without first giving clear and reasonable warning. Nor
can such chemicals be discharged into the drinking water.
FISCAL EFFECT : Unknown
1)COMMENTS :
The sponsor, Environment California, asserts that over the last
few years public health professionals, scientists and
community groups have become increasingly concerned about
human beings being contaminated by toxic chemicals. Studies
are revealing chemical loading in human bodies is increasingly
being detected, and are finding connections between chemical
exposure and human disabilities and developmental diseases.
The author is seeking, with this measure to limit the exposure
of certain chemicals from toys and child care articles that
are used by children three years and younger, - Bisphenol-A
and phthalates.
2)The sponsor says that these chemicals pose too much of a risk
to the health and proper development of babies and young
children and that there are clear alternatives to their use in
many cases. Furthermore they contend, companies have stopped
using phthalates and Bisphenol A in three children's products.
Several major bottle producers, such as Evenflo and Medela
make plastic bottles without Bisphenol-A The U.S. Consumer
Product Safety Commission reported that at least nine
companies have stopped using phthalates in their teethers and
rattles.
Bisphenol-A
3)Bisphenol-A has been selected by the author because it is an
estrogen-mimicking endocrine disruptor chemical. It is used
in the production of epoxy resins and polycarbonate plastics
and is the main ingredient in hard polycarbonate plastics such
as baby bottles and water bottles. The plastics are used in
many food and drink packaging applications, and the resins are
commonly used as lacquers to coat metal products such as food
cans, bottle tops and water supply pipes. It is also used in
many products intended for use by young children, including,
but not limited to, toys, pacifiers, baby bottles, and
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teethers.
4)The sponsor asserts that the chemical can leak from plastic,
especially when containers are heated, cleaned with harsh
detergents or exposed to acidic foods or drinks. Bisphenol A
has been detected in nearly all human bodies tested in the
United States. According to the sponsors, Bisphenol-A has
been shown to have hormone disrupting effects, and some mice
studies have shown that it can produce hyperactivity, faster
growth in females and earlier onset of puberty.
5)The sponsor contends that evidence is mounting that a chemical
in plastic may be risky in the small amounts that seep from
bottles and food packaging. They cite a report which reviews
more than 100 studies. That study, published in Environmental
Health Perspectives, by scientists Frederick vom Saal and
Claude Hughes, says that of the 115 studies have been
published examining low doses of the chemical, and 94 found
harmful effects. The authors have urged the U.S.
Environmental Protection Agency to re-evaluate the risks of
bisphenol A and consider restricting its use.
Opposition
6)They argue that it is essential for a wide array of products,
including many that were developed specifically to enhance
safety and to protect children. They reference the study by
scientists from the Harvard Center for Risk Analysis to show
that it does not pose a risk to human health. The report
finds that "based on the weight of the evidence", while there
was some observed endocrine effects at low doses in laboratory
animals, they" found no consistent affirmative evidence of low
dose Bisphenol-A effects for any reproductive or developmental
endpoint."
7)The opponents say that the trace amounts that migrate from
some products pose no danger and are far below safety
thresholds set by the US EPA and other agencies. They counter
that the new report cited by supporters lists numbers of
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studies and pieces of data without fully analyzing them to
determine their strengths or weaknesses and relevance to human
beings. Taken together, in the opposition's view, BPA is not
a risk to human health at the very low levels to which people
are exposed.
Phthalates
8)Phthalates are chemical substances used to make PVC plastic
soft and pliable. They are widely used in products such as
food wrapping, vinyl shower curtains and cosmetics. They are
also used in soft plastic toys and other baby products such as
teething rings and rattles.
9)According to the Centers for Disease Control and Prevention
(CDC), phthalates are industrial chemicals added to many
consumer products, including vinyl flooring adhesives,
detergents, lubricating oils, solvents, food packaging,
automotive plastics, and personal-care products, such as soap,
shampoo, hair spray, and nail polish. Phthalates are also
used in flexible polyvinyl chloride plastics, such as plastic
bags, food packaging, garden hoses, inflatable recreational
toys, intravenous tubing, children's toys, and some
pharmaceutical and pesticide formulations. The effects of
phthalates vary in scientific studies on animals, but
testicular injury, liver injury, and liver cancer have been
associated with exposure to the chemical. Once in the system,
sponsors claim that they may disrupt the hormones and the
reproductive system.
Phthalates and Proposition 65.
10) The Safe Drinking Water and Toxic Enforcement Act of 1986
(commonly known as Proposition 65), provides two primary
mechanisms for administratively listing chemicals that are
known to the state to cause cancer or reproductive toxicity.
A chemical may be listed under Proposition 65 when a body
considered to be authoritative by the state's qualified
experts has formally identified the chemical as causing cancer
or reproductive toxicity. The entities identified as
"authoritative bodies" for purposes of Proposition 65 include
the U.S. Environmental Protection Agency, the International
Agency for Research on Cancer, the FDA, the National Institute
for Occupational Safety and Health, and the National
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Toxicology Program (NTP). As the lead agency for the
implementation of Proposition 65, OEHHA lists chemicals as
known to the State to cause reproductive toxicity. In 2004,
OEHHA began the process to consider listing of DBP, butyl
benzyl phthalate (BBP), di-n-hexyl phthalate (DnHP), and
di-isodecyl phthalate (DIDP). In 2005, OEHHA determined all
four phthalates meet the criteria for listing under
Proposition 65.
Opposition
11)They assert that the primary phthalate used in children's
toys is DINP and it has been used safely for over 40 years.
They cite a US Consumer Product Safety Commission conducted a
5 year, peer reviewed, health risk study which determined that
children were not at risk from plastic toys. They also
contend that the alternatives to DINP might result in more
brittle plastics that could break and create chocking and
other hazards. The European Chemicals Bureau on DBP, BBP, and
DINP found them safe to use in their current consumer
applications, including toys and chilcare articles. They also
contend that the measure is overbroad as the other phthalates
are not usually used in children's toys. Furthermore, they
argue that the European ban on some phalates in cosmetics is
not based on evidence that they present an actual risk to
humans, but is based solely upon hazard. They assert that
live animal studies show that phthalates do not mimic or block
the action of male or female hormones.
Related legislation :
AB 908 (Chu) Prohibits a person or entity, on or after January
1, 2007, from manufacturing, selling, or distributing in
commerce any cosmetic that contains dibutyl phthalate (DBP) or
di- (2-ethylhexyl) phthalate (DEHP) and provides that any
cosmetic is misbranded if it is sold by an Internet Web site
where the list of ingredients in the cosmetic is not easily and
readily available to be viewed by the prospective purchaser
before the purchase is completed. Held in Assembly Health
Committee.
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REGISTERED SUPPORT / OPPOSITION :
Support
Environment California (sponsor)
Breast Cancer Fund
California Communities Against Toxics
California Environmental Rights Alliance
California League of Conservation Voters
California Safe Schools
Children's Environmental Health Coalition
Clean Water Action
Community Action to Fight Asthma
Del Amo Action Committee
Earth Friendly Interior Design
Environmental Working Group
National Environmental Trust
Pacoima Beautiful
Phillippine Action Committee
Pro Uno
Sierra Club California
Opposition
American electronics Association
Big Time Toys
California Chamber of Commerce
California Grocers Association
California League of Food Processors
California Manufacturers and Technology Association
California Retailers Association
Cap Candy
Food Products Association
Funrise Toys
Grocery Manufacturers of America
International Bottled Water Association
Metal Container Corp.
Legoland California
Mega Bloks Inc.
Polyform Products Company
Phtalates Esters Panel of the American Chemistry Council
Ravensburger-FX Schmid USA Inc.
The Society of the Plastics Industry
Taggies, Inc.
Tean edge Ltd. Co.
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Toy Industry Association
Wild Planet
Analysis Prepared by : Michael Endicott / E.S. & T.M. / (916)
319-3965