BILL ANALYSIS
AB 1329
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Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 1329 (Brownley) - As Amended: April 20, 2009
SUBJECT : Product management: polyvinyl chloride (PVC)
packaging.
SUMMARY : Prohibits a retail establishment from selling,
distributing, or importing a rigid or flexible polyvinyl
chloride packaging container, on and after January 1, 2013, and
on and after January 1, 2014, respectively. Specifically, this
bill :
1)Defines "flexible polyvinyl chloride packaging container" as a
container that is used to contain, hold, protect, or display
another product, alone or in combination with paperboard or
other materials, if all of the following conditions apply:
a) Polyvinyl chloride plastic resin is the primary
component of the container.
b) The container is only intended to hold, protect, or
display another product until that product is opened or
consumed, at which point the container is intended to be
discarded.
c) The container has the shape of a sack, pouch, or other
packaging shape, including a shrink or stretch wrap.
d) The container has a flexible shape or form.
2)Defines "rigid polyvinyl chloride packaging container" as a
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container that is used to contain, hold, protect, or display
another product, alone or in combination with paperboard or
other materials, if all of the following conditions apply:
a) Polyvinyl chloride plastic resin is the primary
component of the container.
b) The container is only intended to hold, protect, or
display another product until that product is opened or
consumed, at which point the container is intended to be
discarded.
c) The container has the shape of a cup, bottle, bowl,
clamshell, or other packaging shape.
d) The container has an inflexible or finite shape or form
and is capable of maintaining its shape while holding other
products and has essentially the same shape empty as full.
3)Prohibits, on and after January 1, 2013, a retail
establishment from selling, distributing, or importing in
commerce a rigid polyvinyl chloride packaging container in
this state.
4)Prohibits, on and after January 1, 2014, a retail
establishment from selling, distributing, or importing in
commerce a flexible polyvinyl chloride packaging container in
this state.
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EXISTING LAW :
Under the Toxics in Packaging Prevention Act (AB 455, Ch. 679,
Statutes of 2003):
1)Prohibits, with exceptions, a manufacturer, supplier or person
from offering for sale or for promotional purposes a package
or packaging component that contains, as defined, a regulated
metal.
2)Defines "regulated metal" as lead, mercury, cadmium, or
hexavalent chromium.
3)Authorizes DTSC, if it determines that other substances
contained in packaging should be added as regulated metals in
order to further reduce the toxicity of packaging waste, to
submit recommendations to the Governor and the Legislature for
additions to the list.
4)Provides that a manufacturer or supplier of a package or
packaging component who knowingly and intentionally offers for
sale or for promotional purposes a package or packaging
component that contains regulated metals is guilty of a
misdemeanor punishable by a fine of not less than $5,000 nor
more than $100,000, by imprisonment in a county jail for not
more than one year, or by both the fine and imprisonment.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose : According to the author's office, "Retailers are
currently allowed to sell products in PVC plastic packaging.
There is virtually no recycling market for this type of plastic,
so almost all PVC packaging is land filled. PVC packaging is a
contaminant in the recycling stream of other plastics, such as
Polyethylene Terephthalate (PET). Recyclers who try to recover
container types that have a high prevalence of PVC, like product
containers, risk expensive contamination issues. Furthermore,
PVC plastic packaging pose human health risks that warrant a
phase-out from consumer use faster than is likely to be achieved
through DTSC's Green Chemistry program. Vinyl Chloride
production emits toxic pollution in an around manufacturing
facilities, including vinyl chloride. PVC packaging contains
toxic additives at a very high rate, including phthalates, lead
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and cadmium that poses a threat both as packaging in the home
and as litter. As solid waste, PVC is a major source of chlorine
and dioxins at incineration facilities."
Polyvinyl Chloride (PVC): Polyvinyl Chloride (PVC) is a widely
used thermoplastic polymer. As a hard plastic, it is used as
vinyl siding, window casings, plumbing, and some fixtures.
Since hydrochloric acid formed during the degradation of PVC
causes a progressive loss of strength, metal stabilizers
including salts of lead, cadmium, barium, calcium, zinc,
dibutyltin and monobutyltin are commonly added to PVC at a
concentration of approximately 0.5%. Softer and more flexible
PVC plastics are made mainly by also adding phthalate
plasticizers. Flexible PVC is used in clothing, upholstery,
flexible tubing, flooring, electrical insulation (where it
doubles as a fire retardant), as well as, in packaging materials
and food wraps.
Risks associated with PVC : There is very little evidence of
specific risks associated with PVC itself. Much of the
available information and literature focuses on the plasticizers
and pigments used in PVC. Toxic metals and plasticizers can
leach from PVC products. Many flexible PVC packaging materials
have also been shown to contain excessive levels of toxic
metals, including lead and cadmium, which are listed under
Proposition 65 as known to cause cancer and/or reproductive
toxicity. Exposure to lead may result in irreversible
neurological damage as well as renal disease, cardiovascular
effects, and reproductive toxicity. Exposure to cadmium may
result in renal, pulmonary and reproductive toxicity.
Phthalates in PVC food packing and wraps also readily leach into
foods, especially during microwave heating. Several phthalates
found in PVC films and packaging materials, including Di
(2-ethylhexyl) phthalate (DEHP), Butyl benzyl phthalate (BBP),
Di-n-butyl phthalate (DBP), Di-isodecyl phthalate (DIDP) and
Di-n-hexyl phthalate (DnHP) are listed as reproductive or
developmental toxicants under California Proposition 65. DEHP
is also identified as a cancer-causing toxicant under
Proposition 65. Given the similar effects in rodents, phthalate
exposures are hypothesized as a potential cause of the increased
incidence of reproductive developmental maladies and testicular
cancer in humans.
Manufacture of PVC : Several toxic chemicals including chlorine
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gas, ethylene dichloride and vinyl chloride, are used in the
manufacture of PVC. Chlorine gas is highly corrosive and
acutely toxic. Ethylene dichloride is toxic and is recognized
as a cancer-causing agent by Proposition 65 and as a probable
human carcinogen by US EPA. Vinyl chloride, the building block
of PVC resins is classified as a carcinogen by Proposition 65
and as a known human carcinogen by US EPA. Manufacturers must
apply and meet specific air toxics permitting requirements in
order to manufacture PVC. The materials and chemicals used in
this manufacturing process are closely monitored through air
toxics permitting requirements at the ARB.
Alternatives to PVC packaging: Opponents to the bill claim that
certain products may need to be packaged in PVC due to sealing
and the need for a certain type of packaging. For example, PVC
has moisture barrier properties that help protect and extend the
shelf life of pharmaceuticals. Additionally, PVC blisters offer
protection from germs since the pills are only handled at the
time of use as compared to multiple times when packaged in
bottles. Also, they contend that PVC has better forming,
cutting and RF sealing capabilities than comparable
alternatives. They say that forcing alternatives may lead to
significant increases in product costs to consumers. For
example, common blister packaging substitutes can cost 20 to 40
percent more than PVC blister packaging. It is also unclear
whether prohibiting PVC will simply increase the use of another,
potentially less well known, type of plastic packaging.
Focus on packaging: While this bill seeks to reduce problems
posed by PVC is the waste stream, it solely focuses only on PCV
packaging, not on other uses of PVC or on the production of PVC.
According to the California Integrated Waste Management Board's
waste characterization data, all rigid plastic "clamshell
containers" constitute 0.06% of all solid waste that is
disposed, while "other plastic containers" constitute 0.05%.
PVC containers are a subset of this number. Therefore, toxics
and waste reduction achieved by this bill remain unclear.
Toxics in Packaging Prevention Act : The Toxics in Packaging
Prevention Act (Act) prohibits the sale of any package or
packaging component that contains: lead, mercury, cadmium, or
hexavalent chromium (referred to as "regulated metals"). AB
2901 (Brownley) Chapter 575, Statutes of 2008, clarified and
expanded DTSC's enforcement authority under the Act, authorizing
a representative of DTSC to enter and inspect a factory,
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warehouse, or establishment in which a package or packaging
component is manufactured, packed, held, or sold, and have
access to records, for the purpose of administering and
enforcing the Act. AB 2901 also provided that a manufacturer or
supplier of a package or packaging component who knowingly and
intentionally sells a package or packaging component containing
regulated metals in violation of the Act is guilty of a
misdemeanor punishable by imprisonment, a fine or by both a fine
and imprisonment.
Support: Supporters content, "Very little of the 60,000 tons of
PVC packaging generated annually in California is recycled due
to prohibitively high costs and lack of infrastructure and
markets. Nearly indistinguishable from recyclable, non-toxic
PET bottles and containers, studies by recyclers have concluded
that just 0.001% PVC contamination can ruin a batch PET? And
PVC packaging contributes disproportionately to the state's
solid waste burden, compared to readily available and
competitively priced alternatives, because there is virtually no
recycling market or opportunity? PVC production results in the
release of toxic chemicals, like dioxins and chlorine gas that
have required intensive and expensive clean-up in the past?As
packaging, PVC contains threatening additives at very high
rates, including phthalates, lead, and cadmium? The Toxics in
Packaging Clearinghouse recently found that 61% of PVC products
tested contained lead or cadmium, both of which are toxic in
even small amounts and are especially dangerous to children."
Opposition : Opponents contest this legislation because the
bill: 1) Fails to consider the technological and performance
aspects of PVC packaging containers which necessitate their use
for specific applications; and 2) Ignores existing statutory
authority that rests with DTSC to regulate the use of heavy
metals in packaging. Stricter enforcement of this statute, with
an emphasis on packaging materials that are imported, would be
the most prudent public health and environmental protection
policy the state could take; and, 3) Wrongly assumes that PVC
packaging and bottles are not being recycled or pose a
significant threat to the recycling of other plastic packaging;
and 4) Focuses scarce state resources on a miniscule portion of
the solid waste stream.
Recent related legislation :
1)AB 2505 (Brownley, 2008). Would have banned both rigid and
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PVC packaging containers in the state of California. Passed 5
- 2 out of the Assembly ESTM Committee, and was held on the
Senate Appropriations Committee suspense file.
2)AB 2901 (Brownley) Chapter 575, Statutes of 2008. Authorized
DTSC to take specified measures to enforce compliance with
existing prohibitions on packaging containing regulated metals
(e.g., lead, mercury, cadmium, or hexavalent chromium).
REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste (sponsor)
Blue Ridge Environmental Defense League
Breast Cancer Action
Breast Cancer Fund
Californians Against Waste
Center for Environmental Health
Center for Health, Environment and Justice
City and County of San Francisco
Clean Water Action
Dogwood Alliance
Environmental Health Fund
Global P.E.T., Inc.
Greenpeace
Heal the Bay
Making Our Milk Safe (MOMS)
Ocean Health Institute
Oregon Center for Environmental Health
Protect All Children's Environment
Public and Environmental Health Committee
Puerto Rico College of Physicians and Surgeons
Sierra Club California
US International Campaign for Justice in Bhopal
Opposition
American Chemistry Council
California Chamber of Commerce
California Film Extruders & Converters Association
California Manufacturers and Technology Association
California Restaurant Association
Consumer Specialty Products Association
Industrial Environmental Association
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Information Technology Industry Council
Toy Industry Association
Vinyl Institute
Western Growers Association
Western States Petroleum Association
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965