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 FN: 0005974