BILL ANALYSIS SB 797 Page 1 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. SB 797 Page 2 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consumption by the general population. 6)Provides that the prohibitions contained in this bill are inoperative and then repealed if DTSC adopts, and then posts on its Internet Web site, a regulatory response, as established by the "Green Chemistry" provisions of AB 1879 (Feuer and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. SB 797 Page 3 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 SB 797 Page 4 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. SB 797 Page 5 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. SB 797 Page 6 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 FN: 0001998