BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 797|
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UNFINISHED BUSINESS
Bill No: SB 797
Author: Pavley (D) and Liu (D), et al
Amended: 6/24/10
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 4/20/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE HEALTH COMMITTEE : 6-2, 4/29/09
AYES: Alquist, Cedillo, DeSaulnier, Leno, Pavley, Wolk
NOES: Aanestad, Cox
NO VOTE RECORDED: Strickland, Maldonado, Negrete McLeod
SENATE FLOOR : 21-16, 6/2/09
AYES: Alquist, Cedillo, Corbett, Correa, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Oropeza, Padilla, Pavley, Romero, Simitian, Steinberg,
Wiggins, Wolk, Yee
NOES: Aanestad, Ashburn, Benoit, Calderon, Cogdill, Cox,
Denham, Dutton, Harman, Hollingsworth, Huff, Negrete
McLeod, Runner, Walters, Wright, Wyland
NO VOTE RECORDED: Maldonado, Strickland, Vacancy
SENATE FLOOR : 18-14, 8/25/10 (FAIL)
AYES: Alquist, Cedillo, Corbett, DeSaulnier, Ducheny,
Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Padilla,
Pavley, Romero, Simitian, Steinberg, Wolk, Yee
NOES: Aanestad, Ashburn, Blakeslee, Calderon, Cogdill,
Denham, Dutton, Emmerson, Huff, Runner, Strickland,
Walters, Wright, Wyland
NO VOTE RECORDED: Correa, Harman, Hollingsworth, Negrete
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McLeod, Oropeza, Price, Wiggins, Vacancy
ASSEMBLY FLOOR : 43-31, 7/1/10 - See last page for vote
SUBJECT : Product safety: bisphenol A
SOURCE : Environmental Working Group
Breast Cancer Fund
Physicians for Social Responsibility Los
Angeles
DIGEST : This bill (1) prohibits, beginning in 2012, the
sale, manufacture or distribution of a bottle or cup or a
liquid, food or beverage in the can, jar or plastic bottle
that contains bisphenol A if the item is primarily intended
for children three years of age or younger; (2) repeals
this prohibition if the Department of Toxic Substances
Control adopts a regulatory response, pursuant to current
"Green Chemistry" law, regarding the use of bisphenol A.
Assembly Amendments (1) make the provisions take effect on
January 1, 2012; (2) include an additional prohibition, on
or after July 1, 2012, on infant formula in a can or
plastic bottle containing bispheonol A, as specified; (3)
add provisions that repeal these provisions if the
Department of Toxic Substances control adopts a specified
regulatory response; (4) add co-authors; and (5) make other
clarifying changes.
ANALYSIS :
Existing Law
1.Under the Safe Drinking Water and Toxic Enforcement Act
of 1986 (commonly known as Proposition 65), requires 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
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reproductive toxicity, or discharging into the drinking
water, such chemicals without first giving clear and
reasonable warning.
3.Prohibits the manufacture, processing, and distribution
of products containing certain chemicals found to raise
health risks. Existing law specifically prohibits the
use of phthalates in toys and child care articles
designed for children under three years of age. Existing
law requires manufacturers to use the least toxic
alternative when replacing phthalates in their products.
4.Defines "child care article" to mean all products
designed or intended by the manufacture to facilitate
sleep, relaxation, or the feeding of children, or to help
children with sucking or teething.
This bill enacts the Toxin-Free Infants and Toddlers Act.
Specifically, this bill:
1.Prohibits, on or after January 1, 2012, the manufacture,
sale or distribution of any bottle or cup that contains
bisphenol A (BPA), 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.
2.Prohibits, on or after January 1, 2012, the manufacture,
sale or distribution of a liquid, food, or beverage in a
can, jar, or plastic bottle containing BPA, or lined with
a material containing BPA, 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 infant formula.
3.Prohibits, on or after July 1, 2012, the manufacture,
sale or distribution of infant formula in a can or
plastic bottle containing BPA or lined with a material
containing BPA.
4.Exempts from the above prohibitions medical devices, as
defined, and food and beverage containers designed or
intended primarily to contain liquid, food or beverages
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for consumption by the general population.
5.Provides that the prohibitions contained in this bill are
inoperative and then repealed if the Department of Toxic
Substances control (DTSC) adopts, and the 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 BPA.
6.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 BPA, as
established by the "Green Chemistry" provisions of SB 509
(Simitian), Chapter 560, Statutes of 2008.
7.Requires manufacturers to use the least toxic alternative
when replacing BPA in containers.
8.Prohibits manufacturers from replacing BPA 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.
9.Makes legislative findings and declarations.
Comments
According to the author's office, BPA is a known hormone
disruptor, and studies have firmly established that infants
and children are at the greatest risk of harm. The
National Institutes of Health (NIH) are concerned that BPA
exposure in infants may lead to problems with brain
development and behavior, early puberty, breast cancer and
prostate cancer. New research has also suggested that BPA
may interfere with metabolism and lead to obesity, heart
disease and diabetes in people. Other recent research has
found that low levels of BPA reduces the effectiveness of
chemotherapy drugs. The author's office states that out of
concern for children's safety, Canada has banned the use of
BPA in baby bottles and is restricting use in infant
formula cans. Many U.S. companies have phased out BPA from
their products and major retailers have removed
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BPA-containing products from their store shelves. BPA-free
alternatives are affordable and widely available to
parents. The author's office asserts that it is in the
best interest of California to significantly reduce
infants' and toddlers' exposure to BPA as soon as possible,
and to ultimately eliminate all exposure. California's
Green Chemistry Initiative will not come to fruition soon
enough to protect the 550,000 babies born in California
each year from the unnecessary health risks posed by BPA.
Bisphenol-A
BPA is used as a primary monomer in polycarbonate plastic
and epoxy resins. BPA is also used as an antioxidant in
plasticizers and as a polymerization inhibitor in polyvinyl
chloride (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 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.
California's Green Chemistry Initiative
According to the final report of the California Green
Chemistry Initiative, green chemistry represents a major
paradigm shift that focuses on environmental protection at
the design and manufacturing stages of product production.
It intends to address chemicals before they become hazards,
with the goal of making chemicals and products "benign by
design." Green chemistry seeks to dramatically reduce the
toxicity of chemicals in the first place, rather than
merely manage their toxic waste after use and disposal.
The California Green Chemistry Initiative was launched in
April 2007 as a collaborative arrangement with the
California Environmental Protection Agency (Cal/EPA),
boards, departments and offices, as well as other state
agencies. The DTSC leads the initiative and conducted a
broad public process to generate ideas, develop overall
policy goals and made recommendations for a comprehensive
green chemistry policy framework in California:
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1.Expand pollution prevention to assist California
businesses to lead the world in greener design and
production.
2.Create a network to disclose chemical ingredients in
products sold in the state to allow consumers and
businesses to make safer choices.
3.Create an online toxics clearinghouse to increase our
knowledge about toxicity and hazards for chemicals.
4.Make the transition to more sustainable, safer products
more quickly and science-based alternative analysis and
lifestyle thinking.
5.Leverage market forces to produce products that are
"benign-by-design."
Prior Legislation
SB 1713 (Migden), 2007-08 Session . Passed the Senate Floor
with a vote of 22-15 on 5/15/08. Contained provisions
similar to this bill and would have prohibited the sale,
manufacture or distribution in commerce of food containers
for children that contain BPA above a specified level.
(Failed passage on the Assembly Floor)
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/30/10)
Environmental Working Group (co-source)
Breast Cancer Fund (co-source)
Physicians for Social Responsibility - Los Angeles
(co-source)
Agriculture and Land-Based Training Association
Alliance of California Autism Organizations
AFSCME - American Federation of State, County and Municipal
Employees, AFL-CIO
American Red Cross, Imperial County Chapter
American Red Cross, San Diego Chapter
Asian Health Services
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Asian Law Caucus
Black Women for Wellness
Breastfeeding Task Force of Greater Los Angeles
California Academy of Physicians Assistants
California Association of Sanitation Agencies
California Black Women's Health Project
California Church Impact
California Environmental Rights Association
California Labor Federation
California League of Conservation Voters
California Nurses Association
California State PTA
California Teachers Association
California Teamsters Public Affairs Council
California WIC Association
California Women's Law Center
CALPIRG
Center for Community Action and Environmental Justice
Children Now
City and County of San Francisco
City of West Hollywood
Clean Water Action
Comite Civico Del Valle
Commonweal
Consumer Federation of California
Consumer's Union
Counties of Alameda, Los Angeles, Marin, Santa Clara, and
Santa Cruz
East Yard Communities
Environment California
First Five of Santa Clara County
Green to Grow
Heal The Bay
Healthy Child Healthy World
Help Group
Klean Kanteen
Latina Breast Cancer Agency
Latino Health Access
Los Angeles Best Babies Network
Moms Making Our Milk Safe
Mothers of Marin Against the Spray
National WIC Association
Natural Resources Defense Council
Northeast Valley Health Corporation
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Nursing Mothers Counsel
Pacoima Beautiful
Planned Parenthood Advocacy Project of Los Angeles County
Planned Parenthood Affiliates of California
San Francisco BayKeeper
San Diego Coastkeeper
San Diego State University WIC Foundation
SCOPE
SEIU
Sierra Club California
Silicon Valley Toxics Coalition
Women's Foundation of California
Zero Breast Cancer
L.A. County Supervisor Mark Ridley-Thomas
Solano County Supervisor Barbara Kondylis
Senator Diane Feinstein
OPPOSITION : (Verified 7/30/10)
American Chemistry Council
California Chamber of Commerce
California Citizens Against Lawsuit Abuse
California Grocers Association
California Hispanic Chamber of Commerce
Can Manufacturers Institute
Civil Justice Association of California
DTSC
Grocery Manufacturers Association
International Formula Council
PHRMA
ARGUMENTS IN SUPPORT : Environmental Working Group, who
is the sponsor of the bill, writes that, according to a
2003 Environmental Health Perspectives study, BPA
contamination of canned beverages and foods became a matter
of concern in Japan, and in 1997 most major manufacturing
companies changed the interior can coatings to eliminate or
reduce the use of BPA. The California WIC Association
writes that in October 2008, the FDA's advisory science
board found that the FDA had previously overlooked a wide
range of potentially serious findings, and demanded that
the agency more carefully assess the risks of BPA for
children. The California League of Conservation Voters
states that BPA is one of the world's highest
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production-volume chemicals and that widespread and
continuous exposure to BPA is evident from the presence of
detectable levels of it in more than 90 percent of the U.S.
population. A number of supporters write that BPA is known
to disrupt the endocrine system, and there are over 200
studies that document the adverse impacts of this dangerous
chemical on human development. Supporters write that safe
alternatives for BPA are already on the market as some
major manufacturers have already taken the responsible path
toward eliminating these hazards from their products. The
National Resources Defense Council (NRDC) writes that some
industry representatives claim that there are no
alternatives for can linings, but this is not true. NRDC
states that Eden Foods, for example, notes on its Web site
that is uses non-BPA coatings in cans of organic beans and
that they are only marginally more expensive than cans with
linings with BPA. Commonweal states that federal
regulations continue to rely on long-outdated assessments
of BPA, which makes action at the state level critical to
drive needed policy change. Clean Water Action writes that
California must act to ensure that when parents feed their
children, they are providing nutrition and not harmful
chemicals. Consumers Union would like to see BPA banned in
all products that come into contact with foods and
beverages, but applaud this bill that they assert will
protect infants and small children, who are most vulnerable
to developmental problems from exposure.
ARGUMENTS IN OPPOSITION : The American Chemistry Council
(ACC) writes that safety assessments of BPA have been
comprehensively examined by many government and scientific
bodies worldwide, which have all reached conclusions that
consistently support the continued safe use of BPA in its
current applications. The International Formula Council
(IFC) states that switching to alternative packaging is not
a simple process and could take years as the industry must
go through a number of steps to ensure that any new
packaging materials provide at least the same level of
quality and safety provided by their current packaging.
IFC asserts that because few viable alternatives currently
exist, this bill would drastically reduce the availability
of infant formula for the hundreds of thousands of
California families who safety feed their babies infant
formula. The California Chamber of Commerce writes that in
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the case of BPA, there is clearly conflicting science that
the legislative process is simply not capable of working
through the competing science in an informed manner. The
Grocery Manufacturers Association writes that the CDC
recently published biomonitoring data from a large-scale
study which shows that typical human daily intake of BPA is
one million times less than the levels that showed no
adverse effects in multi-generational animal studies, and
1,000 times less than the very conservative regulatory
limits set by the U.S. and European governments. The
California Grocers Association writes that, to create a
California-only standard with regard to the use of BPA in
food packaging makes little sense given the consensus of
opinion in the scientific community regarding the safety of
the chemical. The Civil Justice Association of California
writes that the science behind the proposed ban is weak and
will lead to more lawsuits, and that scientists, not
legislators should decide chemical safety.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Coto, Davis, De Leon, Eng, Evans, Feuer, Fong,
Furutani, Gatto, Hall, Hayashi, Hill, Huffman, Jones,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Swanson, Torlakson, Torres, Yamada, John A.
Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Caballero, Conway, Cook, DeVore, Fuentes,
Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Norby, Silva, Smyth, Solorio, Audra Strickland,
Torrico, Tran, Villines
NO VOTE RECORDED: De La Torre, Fletcher, Galgiani,
Hernandez, Huber, Vacancy
TSM:cm 8/27/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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