BILL NUMBER: SB 1713 INTRODUCED BILL TEXT INTRODUCED BY Senators Migden and Perata FEBRUARY 22, 2008 An act to amend Sections 108935, 108937, and 108939 of the Health and Safety Code, relating to product safety. LEGISLATIVE COUNSEL'S DIGEST SB 1713, as introduced, Migden. Children's products: bisphenol and lead. 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 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. This bill would revise the definition of child care article to include any product designed or intended by a manufacturer for use either on or by children. The bill would apply the above-described prohibition and least toxic alternative requirements to certain toys and child care articles that contain bisphenol A or lead in detectable levels. 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) 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 increasing scientific and public health information showing that phthalates in other products used by children, such as skin care and cosmetic products, are of concern and are found in humans at levels associated with adverse effects. (d) There is further evidence that levels of lead and bisphenol A (BPA) also pose significant health concerns for children. (e) The purpose of this act is to build on the law enacted in 2007 to ensure that children are not exposed to potentially harmful toxins. SEC. 2. Section 108935 of the Health and Safety Code is amended to read: 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" meansall productsany product designed or intended bythea manufacturer for use either on or by children, or to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething. SEC. 3. Section 108937 of the Health and Safety Code is amended to read: 108937. (a)Commencing January 1, 2009, noNo 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, noNo 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 toy or child care article intended for use by a child under three years of age if that product contains bisphenol A in detectable levels. (d) 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 contains lead in detectable levels. 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, lead, and phthalates in accordance with this chapter. (b) Manufacturers shall not replace bisphenol A, lead, 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, lead, 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).