BILL NUMBER: SB 1713 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2008
AMENDED IN ASSEMBLY AUGUST 7, 2008
AMENDED IN ASSEMBLY JULY 1, 2008
AMENDED IN SENATE MAY 6, 2008
AMENDED IN SENATE APRIL 8, 2008
INTRODUCED BY Senators Migden and Perata
(Principal coauthor: Assembly Member Lieber)
(Coauthor: Assembly Member Ma)
FEBRUARY 22, 2008
An act to amend Sections 108937 and 108939 of the Health and
Safety Code, relating to product safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1713, as amended, Migden. Children's products: bisphenol A.
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 specified
types of phthalates in concentrations exceeding 1/10 of 1%.
Existing law 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.
The bill would enact the Toxin-Free Toddlers and Babies Act, which
would apply the above-described prohibition and least toxic
alternative requirements to certain child care articles that contain
bisphenol A in detectable levels. The act would prohibit the
manufacture, sale, or distribution in commerce of any bottle, cup, or
other container that contains bisphenol A at a level above 0.1 parts
per billion (ppb), if the container is designed or intended to be
filled with any liquid, food, or beverage primarily for consumption
from that container by infants or children 3 years of age or younger
, subject to certain exceptions . The act would
prohibit, commencing January 1, 2012, the manufacture, sale, or
distribution in commerce of any liquid, food, or beverage in a can,
jar, or other container containing bisphenol A, at a level above 0.5
ppb if the liquid, food, or beverage is designed or intended
primarily for consumption by infants and children 3 years of age or
younger.
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. This act shall be known, and may be cited, as the
Toxin-Free Toddlers and Babies Act.
SEC. 2. 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 further evidence that bisphenol A (BPA) also poses
significant health concerns for children.
(d) The purpose of this act is to build on the law enacted in 2007
to ensure that children are not exposed to harmful toxins.
(e) The further purpose of this act is to ultimately eliminate
bisphenol A (BPA) from containers that contact baby food.
(f) The detectable level of 0.5 parts per billion (ppb) for infant
formula cans and baby food jar lids has been voluntarily achieved by
Japanese industry and is therefore a reasonable interim target.
(g) The level of 0.5 ppb should not be considered a safe level, as
there is still evidence in laboratory animal studies of harm from
exposure to 0.5 ppb BPA.
SEC. 3. Section 108937 of the Health and Safety Code is amended to
read:
108937. (a) 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) 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 bottle, cup, or other container that contains bisphenol
A, at a level above 0.1 parts per billion (ppb), if the container is
designed or intended to be filled with any liquid, food, or beverage
primarily for consumption from that container by infants or children
three years of age or younger.
(d) Notwithstanding subdivision (c), commencing January 1, 2012,
no person or entity shall manufacture, sell, or distribute in
commerce any liquid, food, or beverage in a can, jar, or other
container containing bisphenol A, at a level above 0.5 parts per
billion (ppb) if the liquid, food, or beverage is designed or
intended primarily for consumption by infants or children three years
of age or younger.
(e) Subdivisions (c) and (d)
(d) Subdivision (c) shall not
apply to food and beverage containers designed or intended primarily
to contain liquid, food, or beverages for consumption by the general
population.
(e) Subdivision (c) shall not apply to any liquid, food, or
beverage in a can or jar that contains bisphenol A.
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 in containers and when replacing
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 Safe Drinking Water and Toxic Enforcement Act of 1986
(Chapter 6.6 (commencing with Section 25249.5) of Division 20).
(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 Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter
6.6 (commencing with Section 25249.5) of Division 20).