BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 797
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          SENATE THIRD READING
          SB 797 (Pavley)
          As Amended  July 15, 2009
          Majority vote 

           SENATE VOTE  :21-16  
           
           ENVIRONMENTAL SAFETY          5-2                   HEALTH       
          10-6                
           
           ----------------------------------------------------------------- 
          |Ayes:|Chesbro, Davis, Feuer,    |Ayes:|Jones, Ammiano, Block,    |
          |     |Monning, Ruskin           |     |Carter,                   |
          |     |                          |     |De Leon, Hayashi, Bonnie  |
          |     |                          |     |Lowenthal, Nava, V.       |
          |     |                          |     |Manuel Perez, Salas       |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Miller, Smyth             |Nays:|Fletcher, Adams, Conway,  |
          |     |                          |     |Emmerson, Gaines, Audra   |
          |     |                          |     |Strickland                |
           ----------------------------------------------------------------- 

           SUMMARY  :  Prohibits, beginning in 2011, the sale, manufacture or  
          distribution of a bottle or cup or a liquid, food or beverage in  
          a can, jar or plastic bottle that contains bisphenol A (BPA) if  
          the item is primarily intended for children three years of age  
          or younger.  Repeals this prohibition if the Department of Toxic  
          Substances Control (DTSC) adopts a regulatory response, pursuant  
          to current "Green Chemistry" law, regarding the use of bisphenol  
          A.   Specifically,  this bill  :

          1)Enacts the Toxin-Free Infants and Toddlers Act.


          2)Prohibits, on or after January 1, 2011, the manufacture, sale  
            or distribution of any bottle or cup that contains bisphenol  
            A, at a level above 0.1 parts per billion (ppb), if the bottle  
            or cup is designed or intended to be filled with a liquid,  
            food, or beverage intended primarily for consumption by  
            children three years of age or younger.











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          3)Prohibits, on or after January 1, 2011, the manufacture, sale  
            or distribution of a liquid, food, or beverage in a can, jar,  
            or plastic bottle containing bisphenol A, or lined with a  
            material containing bisphenol A, at a level above 0.1 ppb, if  
            the liquid, food or beverage is intended primarily for  
            consumption by children three years of age or younger, unless  
            the can or bottle contains liquid infant formula.



          4)Prohibits, on or after July 1, 2011, the manufacture, sale or  
            distribution of liquid infant formula in a can or plastic  
            bottle containing bisphenol A or lined with a material  
            containing bisphenol A.



          5)Exempts from the above prohibitions medical devices, as  
            defined, and food and beverage containers designed or intended  
            primarily to contain liquid, food or beverages for consumption  
            by the general population.



          6)Provides that the prohibitions contained in this bill are  
            inoperative and then repealed if DTSC adopts, and then posts  
            on its Internet Web site, a regulatory response, as  
            established by the "Green Chemistry" provisions of AB 1879  
            (Feuer and Huffman), Chapter 559, Statutes of 2008, regarding  
            the use of bisphenol A.  



          7)Provides that this bill does not prohibit or restrict DTSC's  
            authority to adopt regulations to limit exposure to or reduce  
            the level of hazard posed by bisphenol A, as established by  
            the "Green Chemistry" provisions of SB 509 (Simitian), Chapter  
            560, Statutes of 2008.  



          8)Requires manufacturers to use the least toxic alternative when  
            replacing bisphenol A in containers.









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          9)Prohibits manufacturers from replacing bisphenol A with  
            carcinogens or reproductive toxicants as identified by the  
            United States Environmental Protection Agency (US EPA) or as  
            listed in the Safe Drinking Water and Toxic Enforcement Act of  
            1986.


          10)Makes legislative findings and declarations.

           EXISTING LAW  :

          1)Prohibits the sale, manufacture or distribution in commerce of  
            toys, child care articles or products that can be placed in a  
            child's mouth that contain phthalates, as defined.

          2)Under the Safe Drinking Water and Toxic Enforcement Act of  
            1986, requires the Office of Environmental Health Hazard  
            Assessment (OEHHA) to publish a list of chemicals known to  
            cause cancer or reproductive toxicity and prohibits the  
            knowing and intentional exposure of people to a chemical known  
            to the state to cause cancer or reproductive toxicity without  
            first giving clear and reasonable warning (Proposition 65).

          3)Requires DTSC to adopt regulations, by January 1, 2011, to  
            identify and prioritize chemicals of concern, to evaluate  
            alternatives, and to specify regulatory responses to limit  
            exposure or to reduce the level of hazard posed by a chemical  
            of concern found in consumer products ("Green Chemistry").

           FISCAL EFFECT  :  Unknown

           COMMENTS  :

           Purpose  .  The author's office contends that, "SB 797 is a child  
          safety measure that seeks to protect infants and toddlers from a  
          harmful toxin that leaches into babies' milk and food?BPA has  
          been linked to a number of long-term health impacts such as  
          birth defects, reproductive harm, impaired learning,  
          hyperactivity and breast and prostate cancer?  Because  
          children's bodies are growing and developing, they are  
          especially vulnerable to the effects of BPA.  Regulation of BPA  
          in children's products is woefully inadequate and has not kept  








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          pace with the explosion of government funded peer reviewed  
          studies in the last few years indicating a problem with BPA in  
          food and beverage products."


          The intent of SB 797 is not to usurp DTSC's authority under the  
          current "Green Chemistry" law.  The intent is to instead  
          preserve DTSC's ability to take the full range of regulatory  
          responses on the chemical, on its alternatives and on children's  
          products, as authorized by current law.

           What is bisphenol A  ?  According to the National Toxicology  
          Program (NTP) at the US Department of Health and Human Services,  
          bisphenol A, also known as BPA, is a chemical produced for use  
          primarily in the production of polycarbonate plastics and epoxy  
          resins.  Polycarbonate plastics are used in food and drink  
          packaging, water and infant bottles, compact discs,  
          impact-resistant safety equipment, and medical devices.  Epoxy  
          resins are used as lacquers to coat metal products such as food  
          cans, bottle tops, and water supply pipes.  In 2004, the  
          estimated production of bisphenol A in the United States was  
          approximately 2.3 billion pounds.

           Pathways of exposure  .  The NTP maintains that 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, bisphenol A in food and beverages accounts for the  
          majority of daily human exposure.  Bisphenol A 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.  Bisphenol A can also be found in breast milk and  
          dental sealants or composites.  Workers may be exposed during  
          the manufacture of bisphenol A and bisphenol A-containing  
          products.

          Biomonitoring studies show that human exposure to bisphenol A is  
          widespread.  In 2004, the Centers for Disease Control and  
          Prevention (CDC) found detectable levels of bisphenol A in 93%  
          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 bisphenol A in the  
          general population occur in infants and children.
           








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          Health concerns related to bisphenol A exposure  .  The NTP-CERHR  
          Monograph on the Potential Human Reproductive and Developmental  
          Effects of Bisphenol A is the most thorough scientific  
          literature review completed by a governmental agency to date.   
          Released in September 2008, the monograph was prepared following  
          a formal review and evaluation process that included public  
          comment and peer review.  Regarding bisphenol A exposure, the  
          NTP found some concern for effects on the brain, behavior, and  
          prostate gland in fetuses, infants, and children at current  
          human exposures; minimal concern for effects on the mammary  
          gland and an earlier age for puberty for females in fetuses,  
          infants, and children at current human exposures; negligible  
          concern that exposure of pregnant women to bisphenol A will  
          result in fetal or neonatal mortality, birth defects, or reduced  
          birth weight and growth in their offspring; negligible concern  
          that exposure to bisphenol A will cause reproductive effects in  
          non-occupationally exposed adults; and, minimal concern for  
          workers exposed to higher levels in occupational settings.   
          (Note that the possible levels of concern, from lowest to  
          highest, are negligible concern, minimal concern, some concern,  
          concern, and serious concern.)

          Since a similar bill was heard in the Assembly last year, dozens  
          of additional studies chronicling potential adverse effects of  
          bisphenol A exposure have been published in scientific journals,  
          including studies with findings beyond potential reproductive  
          and developmental toxicity.  For example, a study published in  
          the September 17, 2008 issue of the Journal of the American  
          Medical Association found that higher levels of urinary  
          bisphenol A in humans is associated with cardiovascular disease,  
          diabetes and liver-enzyme abnormalities.

           Proposition 65  .  OEHHA is the lead agency for the implementation  
          of Proposition 65.  The Developmental and Reproductive Toxicant  
          Identification Committee (DARTIC) of OEHHA's Science Advisory  
          Board considered listing bisphenol A on July 15, 2009, and  
          concluded that the body of scientific findings to date had not  
          "clearly shown" bisphenol A to cause human male reproductive  
          toxicity, female reproductive toxicity or developmental  
          toxicity.  According to the author, DARTIC solely focused on a  
          narrow set of criteria involving pre-natal development and did  
          not evaluate bisphenol A in terms of links to cancer and  
          neurological and behavioral disorders from exposure during the  
          first three years of life.








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          California's Green Chemistry Initiative  .  In 2007, DTSC  
          commenced developing the California Green Chemistry Initiative,  
          and in 2008 it released six policy recommendations for  
          establishing a comprehensive Green Chemistry program in  
          California.  AB 1879 and SB 509 enacted two of the six  
          recommendations.  AB 1879 requires DTSC to adopt regulations by  
          January 1, 2011 to identify and prioritize chemicals of concern,  
          to evaluate alternatives, and to specify regulatory responses  
          where chemicals of concern are found in consumer products.  SB  
          509 requires DTSC to establish an online, public Toxics  
          Information Clearinghouse that includes science-based  
          information on the toxicity and hazard traits of chemicals used  
          in daily life.  The Green Chemistry program should yield a  
          comprehensive process to identify and manage chemicals of  
          concern and their alternatives.  However, the program is in the  
          developmental stage and chemicals are not yet being considered.   





           Analysis Prepared by  :    Shannon McKinney / E.S. & T.M. / (916)  
          319-3965 


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