BILL ANALYSIS
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THIRD READING
Bill No: SB 1365
Author: Corbett (D)
Amended: 4/12/10
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-1, 4/5/10
AYES: Simitian, Corbett, Lowenthal, Pavley, Strickland
NOES: Runner
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE : 7-2, 4/26/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Cox, Denham
NO VOTE RECORDED: Walters, Wyland
SUBJECT : Public safety: consumer products
SOURCE : Author
DIGEST : This bill allows the Department of Toxic
Substances Control, if existing resources exist, to enforce
the prohibition of the manufacture, sale or exchange of
toys contaminated with toxic chemicals which is currently
enforced by the Department of Public Health and local
health officers. This bill provides that when a penalty is
imposed by any of the enforcement agencies, the other two
may not also impose a penalty for the same incidence of
violation.
ANALYSIS :
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Existing federal law:
1. Requires the Consumer Product Safety Commission to
regulate the safety of consumer products including toys.
2. Under the Consumer Product Safety Improvement Act of
2008, enhances safety standards for consumer products,
including new specified levels for lead and phthalate
content in consumer products intended for use by
children and increases enforcement and penalty
provisions under the authority of the Consumer Product
Safety Commission.
Existing state law:
1. Under Proposition 65 (the Safe Drinking Water and Toxic
Enforcement Act of 1986), lists toxins that are known to
the state to cause cancer and reproductive damage.
2. Prohibits the manufacture, sale or exchange of any toy
that is contaminated with any toxic substance. The
Department of Public Health (DPH) and local health
officers are responsible for enforcement of these
provisions and a violation is a misdemeanor.
3. Prohibits the manufacture, shipping, sale, or offering
for sale of jewelry, children's jewelry, or jewelry used
in body piercing that is not made entirely from certain
specified materials. The Department of Toxic Substances
Control (DTSC) is responsible for enforcement of these
provisions.
This bill:
1. Allows DTSC to enforce the prohibition of the
manufacture, sale or exchange of any toy that is
contaminated with any toxic substance if existing
resources exist to support enforcement activities
currently carried out by DPH and local health officers.
2. Provides that if a penalty is imposed by DPH, a local
health officer, or DTSC, then a penalty shall not be
imposed by either of the other two enforcement entities
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for the same incidence of violation.
Comments
According to the Senate Environmental Quality Committee
analysis, DTSC currently has enforcement authority to test
and take enforcement action against lead-tainted jewelry.
By adding this additional authority, this bill simply
allows DTSC to test toys as well, resulting in more
efficient enforcement of both laws.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/27/10)
California Public Interest Research Group
Clean Water Action
Environment California
Environmental Working Group
Los Angeles County District Attorney's Office
Sierra Club
ARGUMENTS IN SUPPORT : According to the author's office,
Valentine's Day bears with excessive levels of lead were
found in stores earlier this year. The Public Interest
Research Group's 2009 report "Trouble in Toyland" notes
continued findings of toys with high levels of lead and
phthalates. In addition, there has been a growing presence
of the toxin cadmium in children's products.
The author's office states that our toy safety laws are not
being enforced to the level where consumers feel safe.
Lead and other heavy metals can hinder brain development in
young children and can damage the nervous system and other
organs. Shoppers have no way of telling whether the
products on store shelves comply with the law. The
author's office believes that by authorizing DTSC to
enforce the toy safety laws in addition to the lead in
jewelry law, the state can more efficiently and effectively
enforce both provisions.
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TSM:mw 4/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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