BILL ANALYSIS                                                                                                                                                                                                    



                                                                SB 797
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
                                           
           BILL NO:    SB 797
           AUTHOR:     Pavley and Liu    
           AMENDED:    As Introduced
           FISCAL:     No                HEARING DATE:     April 20, 2009
           URGENCY:    No                CONSULTANT:       Caroll  
           Mortensen
            
           SUBJECT  :    PRODUCT SAFETY: BISPHENOL - A

            SUMMARY  :    
           
            Existing law  :

           1)Requires, under the Safe Drinking Water and Toxic  
             Enforcement Act of 1986 (commonly known as Proposition 65)  
             the Governor to revise and publish a list of chemicals that  
             have been scientifically proven to cause cancer or  
             reproductive toxicity each year. 

           2)Prohibits any person in the course of doing business in  
             California from knowingly exposing any individual to a  
             chemical known to the state to cause cancer or reproductive  
             toxicity without first giving clear and reasonable warning,  
             nor can such chemicals be discharged into the drinking  
             water. 

           3)Prohibits the sale of toys that are contaminated with toxic  
             substances.

           4)Prohibits the manufacture, processing, and distribution in  
             products containing certain chemicals found to raise health  
             risks, including polybrominated diphenyl ethers and  
             phthalates.

           5)Requires the Department of Toxic Substances Control (DTSC),  
             by January 1, 2011, to adopt regulations to establish a  
             process to identify and prioritize chemicals or chemical  
             ingredients in consumer products that may be considered a  
             "chemical of concern," in accordance with a review process,  









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             as specified.

           6)Requires DTSC, on or before January 1, 2011, to adopt  
             regulations to establish a process to evaluate chemicals of  
             concern, and their potential alternatives, in consumer  
             products in order to determine how best to limit exposure or  
             to reduce the level of  hazard posed by a chemical of  
             concern, as specified.

           This bill  :

           1) Prohibits the manufacture, sale or distribution in commerce  
              of any bottle or cup, intended to be used to consume foods,  
              beverages or liquids by children under the age of three,  
              and contains more than 0.1 parts per billion (ppb) of  
              Bisphenol-A (BPA).

           2) Prohibits the manufacture, sale or distribution in commerce  
              of any liquid, food, or beverage, intended primarily for  
              consumption by children under the age of three, in a can or  
              jar that contains more than 0.1 ppb of BPA

           3) Excludes from #2 above food and beverage containers  
              intended primarily to contain liquid, food or beverages for  
              consumption by the general population.

           4) Requires manufacturers to use the least toxic alternative  
              when replacing BPA in a container in accordance with this  
              chapter.

           5) Prohibits manufacturers from replacing BPA with  
              cancer-causing chemicals and reproductive toxicants, as  
              specified.

           6)  Makes findings and declaration regarding BPA

            COMMENTS  :

            1) Purpose of Bill  .  According to the authors, millions of  
              babies and toddlers in California are being exposed daily  
              to the harmful toxin BPA.  This hormone-disrupting chemical  
              can be found in baby bottles, food and beverage containers  
              and formula containers and is leaching into their food and  









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              drink. While some manufacturers have already removed this  
              substance from their products, it is still found in a wide  
              variety of products.  The authors state that this bill will  
              help protect children from this dangerous chemical by  
              banning the use of BPA in children's feeding containers.

            2) What is BPA?   BPA is used as a primary monomer in  
              polycarbonate plastic and epoxy resins.  It is also used as  
              an antioxidant in plasticizers and as a polymerization  
              inhibitor in PVC.  Polycarbonates are widely used in many  
              consumer products, from sunglasses and compact discs to  
              water and food containers and shatter-resistant baby  
              bottles.  Some polymers epoxy resins containing BPA are  
              popular coatings for the inside of cans used for food.   
              Although disputed, BPA has been shown to have hormone  
              disrupting effects, and some mice studies have shown that  
              it can produce hyperactivity, faster growth in females and  
              earlier onset of puberty.

            3) Exposure Pathways  .  According to the US National Toxicology  
              Program (NTP), the primary source of exposure to bisphenol  
              A for most people is through diet.  While air, dust, and  
              water are other possible sources of exposure, BPA in food  
              and beverages accounts for the majority of daily human  
              exposure.  BPA can migrate into food from food and beverage  
              containers with internal epoxy resin coatings and from  
              consumer products made of polycarbonate plastic such as  
              baby bottles, tableware, food containers, and water  
              bottles.  BPA can also be found in breast milk and dental  
              sealants or composites.  Workers may be exposed during the  
              manufacture of BPA and BPA-containing products.   
              Biomonitoring studies show that human exposure to BPA is  
              widespread.  In 2004, the Centers for Disease Control and  
              Prevention (CDC) found detectable levels of BPA in 93  
              percent of 2517 urine samples from people six years and  
              older (the study did not include children younger than  
              six).  The NTP study shows that the highest estimated daily  
              intakes of BPA in the general population occur in infants  
              and children.

            4) Health Effects of BPA  .  There has been extensive, and often  
              controversial, research on the health effects of BPA.   
              There has been great debate over scope, content, funding  









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              and other factors of the studies that are cited by  
              stakeholders on both sides of the debate.  Even the federal  
              Food and Drug Administration has faced issues regarding the  
              science on the issue.  The FDA has maintained that BPA is  
              safe, relying largely on two studies that were funded by  
              the chemical industry.  In October, the agency was faulted  
              by its own panel of independent science advisers, who said  
              the FDA's position on BPA was scientifically flawed.  As a  
              result, the agency is revisiting its position on the  
              chemical.  For example, in October 2008 the federal Food  
              and Drug Administration's Advisory Science Board found that  
              the FDA safety assessment "overlooks a wide range of  
              potentially serious findings" and demanded that the agency  
              more carefully assess risks to children.  

              However, what is surfacing is the trend toward caution  
              regarding BPA, especially exposure to infants and children.  
               One of the more recent efforts was done by NTP and  
              finalized in September 2008.  The NTP declared that it is  
              concerned about the impact of BPA on the brain development,  
              behavior and the male reproductive system for infants and  
              children.  The NTP states that there is scientific evidence  
              to support the following conclusions.  That there is:

                  Some concern for neural and behavioral effects in  
                fetuses, infants, and children at current human  
                exposures.

                  Some concern for BPA exposure in these same  
                populations based on effects in the prostate gland,  
                mammary gland, and an earlier age for puberty in females.  


                  Negligible concern that exposure of pregnant women to  
                BPA will result in fetal or neonatal mortality, birth  
                defects, or reduced birth weight and growth in their  
                offspring. 

                  Negligible concern that exposure to BPA causes  
                reproductive effects in non-occupationally exposed  
                adults. 

                  Minimal concern for workers exposed to higher levels  









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                in occupational settings.

            5) Trends in the use of BPA  .  With the decades of study of BPA  
              and its effects on human and environmental health, the  
              trend in the science is to recommend removing or  
              restricting BPA in products intended for use by children.   
              Manufacturers and retailers are following suit, for  
              example, in March 2009, Connecticut Attorney General  
              Richard Blumenthal, joined by the attorneys general in  
              Connecticut and New Jersey, wrote to the bottle makers and  
              asked them to voluntarily stop using BPA, six agreed:

                  Gerber
                  Avent America, Inc
                  Evenflo Co.
                  Disney First Years
                  Dr. Brown
                  Playtex Products, Inc.

              Many other manufacturers and retailers are moving away from  
              BPA in children's products. 

            1) Green Chemistry Initiative  .  Last year, SB 509 (Simitian)  
              and AB 1879 (Feuer) were passed by the Legislature and  
              signed by the Governor.  Together, these bills set forth  
              the foundation for California's Green Chemistry Initiative.  
               The measures direct state agencies to develop a process  
              for identifying chemicals of concern and to construct  
              procedures to assess what should be done about management  
              of these chemicals of concern.  They also require the  
              creation of an online database of information about  
              chemical hazards.

           This Initiative should, with adequate resources and leadership  
              in the coming years, yield a process to address the  
              identification and management of chemicals of concern that  
              pose public health and environmental threats.  However,  
              this process is in its developmental stages, and BPA, as  
              well as many other chemicals and compounds such as certain  
              flame retardants, heavy metals, and others, are currently  
              under review by other state and federal agencies, as well  
              as by public health and environmental groups.  The  
              establishment of the Initiative should not preclude the  









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              Legislature from acting on threats to public health and  
              safety if warranted.

            2) Related Legislation  .
              a)    2009 Legislative Session:  Senators Migden and Perata  
                 authored SB 1713 that proposed to limit the amounts of  
                 BPA and phthalates in products intended for use by  
                 children.  This bill failed passage on the Assembly  
                 floor.  

               b)    Federal Legislation:  Two bills introduced at federal  
                 level S 593 (Feinstein) and HR 1523 (Markey) were  
                 introduced to ban BPA in all food containers, not just  
                 those intended for children.   

               c)    Other States: 18 States have introduced bills this  
                 year, not including California, to in some way restrict  
                 the use of BPA.  

           8) Additional Considerations  .  To the end of helping ensure  
              the safety of potential alternatives to BPA, it is critical  
              to help identify substitutes that do not pose similar or  
              other health and environmental hazards as those being  
              replaced.  A list of endpoints that go beyond just  
              carcinogenetic and reproduction toxicity including immune  
              system, neurological and neurodevelopment effects and  
              endocrine disruption, among others.  Looking at the hazard  
              traits of substitutes is critical.  Consideration should be  
              given to requiring manufacturers to evaluate the hazard  
              traits of potential substitutes to BPA.  

           9) Double Referral to Health Committee  .  Should this measure  
              be approved by this committee, the do pass motion must  
              include the action to re-refer the bill to the Senate  
              Committee on Health.

            SOURCE  :        Environmental Working Group
            
           SUPPORT  :       Breast Cancer Fund
                          California League of Conservation Voters
                          California Nurses Association
                          California WIC (Women, Infants, Children)  
                          Association









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                          Clean Water Action
                          Commonweal
           Consumer Federation of California
                          Consumers Union
           Environment California
                          MOMS (Making our Milk Safe)
           Physicians for Social Responsibility
           Planned Parenthood Affiliates of California
                          Planning and Conservation League
           San Diego Coastkeeper
           Service Employees International Union
                          Sierra Club California
                          Women's Foundation of California
           Zero Breast Cancer
            
           OPPOSITION  :    American Chemistry Council
                          California Grocers Association
                          Civil Justice Association of California