BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1365
                                                                  Page 1


          SENATE THIRD READING
          SB 1365 (Corbett)
          As Amended  June 23, 2010
          Majority vote 

           SENATE VOTE  :23-10  
           
           ENVIRONMENTAL SAFETY         6-2APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Nava, Chesbro, Davis,     |Ayes:|Fuentes, Bradford,        |
          |     |Feuer, Monning, Ruskin    |     |Huffman, Coto, Davis, De  |
          |     |                          |     |Leon, Gatto, Hall,        |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Blakeslee, Smyth          |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
           ----------------------------------------------------------------- 

           SUMMARY  :   Authorizes the Department of Toxic Substances Control  
          (DTSC) to enforce existing toy safety laws.   Specifically,  this  
          bill  :   

          1)Updates the reference to federal law. 

          2)Limits penalties for violations of toy safety laws by  
            specifying that if a penalty is imposed by the State  
            Department of Public Health (DPH), a local health officer, or  
            DTSC, then a penalty may not be imposed by either of the other  
            two enforcement entities for the same incidence of violation.

           EXISTING LAW  :

          1)Prohibits the manufacture, sale or exchange of any toy that is  
            contaminated with any toxic substance.  Requires the DPH and  
            local health officers to enforce this prohibition and  
            stipulates that a violation is a misdemeanor.

          2)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.  Authorizes DTSC to enforce these provisions.








                                                                  SB 1365
                                                                  Page 2



          3)Requires DTSC to identify and prioritize chemicals of concern  
            and to adopt regulations to evaluate chemicals of concern 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.  Authorizes DTSC to take regulatory actions to  
            limit exposure or to reduce the level of hazard posed by a  
            chemical of concern.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, annual costs to DTSC possibly in excess of $150,000,  
          equivalent to one full-time position, for increased  
          investigation, testing and enforcement.  (Toxic Substances  
          Control Account)

           COMMENTS  :  Need for the bill.  According to the author, "The  
          Public Interest Research Group's 2009 report, "Trouble in  
          Toyland," continued to find toys with high levels of lead and  
          the endocrine disruptor phthalates.  In addition, there has been  
          a growing presence of the toxic chemical cadmium in children's  
          products.  Our toy safety laws are not being enforced to the  
          level where consumers feel safe?  DTSC currently has sworn peace  
          officers who enforce our lead in jewelry laws and work to  
          protect us from hazardous waste.  DTSC has worked to pull  
          jewelry with lead off stores' shelves all over the state  
          protecting consumers from lead's dangerous effects.  In  
          addition, DTSC has events where consumers can test their toys to  
          make sure they are safe."

          DPH's current toy safety program:  The DPH's Food and Drug  
          Branch (FDB) is the primary enforcement agency of toy safety  
          laws.  The FDB also enforces other consumer product sections of  
          the Health and Safety Code, such as California's Hazardous  
          Substances Act, the Infant Crib Act and the Bunk Bed Safety Act.  
           The DPH Food and Drug Laboratory Branch (FDLB) are utilized to  
          provide laboratory support for FDB's consumer product  
          investigations.  

          DPH has performed 15 undercover investigations, six epidemiology  
          investigations and additional investigations into consumer  
          product hazards, although seemingly only a few are  
          investigations into toy safety.

          DTSC's current regulatory authority over consumer products:  In  








                                                                  SB 1365
                                                                  Page 3


          2003, the Legislature enacted the "Toxics in Packaging  
          Prevention Act" [AB 455 (Chu), Chapter 679, Statutes of 2003],  
          which prohibits the sale of a package or packaging component  
          that includes a regulated metal.  In 2006, the Legislature  
          enacted the "Lead-Containing Jewelry Law" [AB 1681 (Pavley),  
          Chapter 415, Statutes of 2006], which sets restrictions for lead  
          in jewelry.  To enhance DTSC's enforcement authority over both  
          jewelry and packaging products, the Legislature, in 2008,  
          enacted AB 2901 (Brownley), Chapter 575, Statutes of 2008.

          As part of the Green Chemistry Initiative, the Governor signed  
          AB 1879 (Feuer and Huffman) Chapter 559, Statutes of 2008, into  
          law.  AB 1879 requires DTSC to adopt regulations by January 1,  
          2011, to identify and prioritize chemicals of concern and to  
          specify regulatory responses where chemicals of concern are  
          found in consumer products.  AB 1879 gives DTSC broad regulatory  
          author over toxics in consumer products; however, because the  
          law contains a provision that prohibits DTSC from superseding  
          the regulatory authority of any other department or agency and  
          from duplicating or adopting conflicting regulations for product  
          categories already regulated, clarity could better enable DTSC  
          to regulate toys that contain chemicals of concern.  This bill  
          provides some clarity.
           
           
           Analysis Prepared by  :    Shannon McKinney / E.S. & T.M. / (916)  
          319-3965 

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