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" means  all products 
any product  designed or intended by  the 
 a  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, no 
 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   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 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).