BILL NUMBER: AB 1108	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 4, 2007
	PASSED THE ASSEMBLY  JUNE 5, 2007
	AMENDED IN ASSEMBLY  MAY 14, 2007
	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, Ma. Children's products: 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 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 phthalates in their products and would
prohibit manufacturers from replacing phthalates with certain
carcinogens and reproductive toxicants.


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

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) 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.
   (b) 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.  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 that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl
phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations
exceeding 0.1 percent.
   (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 phthalates in accordance with this chapter.
   (b) Manufacturers shall not replace 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 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).