BILL NUMBER: AB 1108	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2007

INTRODUCED BY   Assembly Member Ma
    (   Coauthor:   Assembly Member  
Huffman   ) 

                        FEBRUARY 23, 2007

   An act to add Chapter 11 (commencing with Section 108935) to Part
3 of Division 104 of the Health and Safety Code, relating to product
safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, as amended, Ma. Children's products:  phthalates
and bisphenol-A.   phthalates. 
   Existing law prohibits the manufacture, processing, and
distribution in commerce of products containing certain chemicals
found to raise health risks, including, but not limited to,
polybrominated diphenyl ether.
   This bill would, commencing January 1, 2009, prohibit the
manufacture, sale, or distribution in commerce of certain toys and
child care articles, as defined, if those products  have been
made with or contain bisphenol-A, or  contain types of
phthalates in concentrations exceeding 1/10 of 1%.
   This bill would also require 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.
   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) (1) Originally produced as a synthetic hormone in 1936, today
bisphenol-A, is the main ingredient in hard polycarbonate plastic.
Bisphenol-A is used in many products intended for use by young
children, including, but not limited to, baby bottles and toys.
   (2) There is extensive scientific literature reporting the
hormone-disrupting effects of bisphenol-A at very low doses, a high
rate of leaching of bisphenol-A from food and beverage containers,
and evidence that the median bisphenol-A level in humans is higher
than the level that causes adverse effects in laboratory studies.
   (b) (1) Phthalates are a class of chemicals used in polyvinyl
chloride (PVC) plastic to improve flexibility and in cosmetics to
bind fragrance to the product. Phthalates are used in many products
intended for use by young children, including, but not limited to,
teethers, toys, and soft plastic books.
   (2) There is extensive scientific literature reporting the
hormone-disrupting effects phthalates and substantial evidence that
levels of the phthalates of concern are found in humans at levels
associated with adverse effects. Population studies show that
virtually everyone carries some level of phthalates in their body.
For the general population, the oral route of exposure is considered
a major route.
  SEC. 2.  Chapter 11 (commencing with Section 108935) is added to
Part 3 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 11.   BISPHENOL-A AND  PHTHALATES IN
PRODUCTS FOR YOUNG CHILDREN


   108935.  For the purposes of this chapter, the following terms
have the following meanings:
   (a) "Toy" means all products designed or intended by the
manufacturer to be used by children when they play.
   (b) "Child care article" means all products designed or intended
by the manufacturer to facilitate sleep, relaxation, or the feeding
of children, or to help children with sucking or teething. 
   108937.  (a) Commencing January 1, 2009, 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 has been made with or contains bisphenol-A.


   (b) 
    108937.   (a)    Commencing January 1,
2009, 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.

   (c) 
   (b)  Commencing January 1, 2009, 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.

   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).
   (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).