BILL NUMBER: AB 1319	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2011

INTRODUCED BY   Assembly Member Butler
    (   Principal coauthor:   Senator 
 Pavley   ) 
   (Coauthors: Assembly Members Ammiano,  Blumenfield, 
Bradford,  Brownley,   Campos,   Davis, 
 Dickinson,  Gatto, Huffman, Lara,  Bonnie Lowenthal,
 Ma, and Skinner)
   (Coauthors: Senators Corbett, De León,  Liu, 
   and Pavley   and Liu  )


                        FEBRUARY 18, 2011

   An act to add and repeal Chapter 12 (commencing with Section
108940) of Part 3 of Division 104 of the Health and Safety Code,
relating to product safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1319, as amended, Butler. Product safety: bisphenol A. 

   Existing law prohibits the manufacture, sale, or distribution in
commerce of certain toys and child care articles, as defined, if
those products contain specified types of phthalates in
concentrations exceeding 1/10 of 1%.  
   Existing law also requires manufacturers to use the least toxic
alternative when replacing phthalates in their products and would
prohibit manufacturers from replacing phthalates with certain
carcinogens and reproductive toxicants.  
   Existing law, part of the hazardous waste control law, requires
the Department of Toxic Substances Control to adopt regulations to
establish a process by which chemicals or chemical ingredients in
products may be identified and prioritized for consideration as being
chemicals of concern and to adopt regulations to establish a process
by which chemicals of concern may be evaluated. The department is
prohibited from duplicating or adopting conflicting regulations for
regulated product categories. A violation of the hazardous waste
control law is a crime. 
   The bill would enact the Toxin-Free Infants and Toddlers Act,
which would, except as specified, prohibit, on and after 
January   July  1, 2013, the manufacture, sale, or
distribution in commerce of any  bottle, cup, or 
 infant formula,  liquid,  baby  food, or beverage
 in a can, jar, or plastic bottle  that contains
bisphenol A  , or that is lined with a material that contains
bisphenol A,  at a level above 0.1 parts per billion (ppb).
 It would also, except as specified, prohibit, on and after
July 1, 2013, the manufacture, sale, or distribution of liquid infant
formula in a can or plastic bottle containing bisphenol A or lined
with a material containing it.  The bill would also require
manufacturers to use the least toxic alternative when replacing
bisphenol A in containers in accordance with this bill. 
   This bill would repeal these provisions if the Department of Toxic
Substances Control adopts a specified regulatory response. 

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
Toxin-Free Infants and Toddlers Act.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The purpose of this act is to ensure that children are not
exposed to harmful toxins.
   (b) Bisphenol A (BPA) was created as a synthetic sex hormone.
Today it is widely used in certain kinds of plastics and epoxy
resins, including those commonly found in baby bottles and infant
formula cans.
   (c) Research by the federal Centers for Disease Control and
Prevention has found that 93 percent of Americans have BPA in their
bodies, and children have higher levels than adults.
   (d) According to the National Institutes of Health  , 
diet is the main way people are exposed to BPA, due to leaching of
the chemical from containers into food and drink.
   (e) The United States Food and Drug Administration has measured
BPA in canned infant formula at levels ranging from 0.1 parts per
billion (ppb) to 13.2 ppb. 
   (f) BPA would not appear in bottles, cups, cans, or jars as a
trace contaminant. If BPA is found in any of these articles, it has
been placed there intentionally.  
   (g) 
    (f)  The United States Geological Service has measured
BPA in wastewater dominated at levels up to 12 ppb. The agency's
detection limit for BPA was 0.09 ppb. 
   (h) 
    (g)  BPA is a known hormone disruptor. The National
Institutes of Health is concerned that BPA exposure in children may
lead to problems with brain development, 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 humans. 
   (i) 
    (h)  Out of concern for children's safety, Canada has
banned the use of BPA in baby bottles and is restricting its use in
infant formula cans. 
   (j) 
    (i)  Many companies have phased out BPA from their
products or removed BPA-containing products from their store shelves
or both. 
   (k) 
    (j)  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. 
   (l) 
    (k)  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 risk posed by BPA.
  SEC. 3.  Chapter 12 (commencing with Section 108940) is added to
Part 3 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 12.  BISPHENOL A


   108940.  (a) On and after  January   July
 1, 2013,  and notwithstanding subdivision (c),
 no person shall manufacture, sell, or distribute in
commerce 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 any liquid, food, or beverage intended
primarily for consumption from that bottle or cup by infants or
children three years of age or younger. 
   (b) On and after January 1, 2013, and notwithstanding subdivision
(c), no person or entity shall manufacture, sell, or distribute in
commerce any 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 infants or children
three years of age or younger, unless the can or bottle contains
infant formula.  
   (b) (1) On and after July 1, 2013, no person or entity shall
manufacture, sell, or distribute in commerce any infant formula,
liquid, baby food, or beverage containing bisphenol A, at a level
above 0.1 ppb if the infant formula, liquid, baby food, or beverage
is intended primarily for consumption by infants or children three
years of age or younger.  
   (2) For the purposes of this section, "baby food" means a prepared
solid food consisting of a soft paste that is intended primarily for
consumption by children three years of age or younger and that is
commercially available.  
   (c) The maximum amount of bisphenol A allowed pursuant to
subdivision (b) shall be based on the likely concentration of the
infant formula, liquid, baby food, or beverage that will be consumed.
 
   (c) 
    (d)  Subdivisions (a) and (b) shall not apply to medical
devices, as defined in Section 109920, or to food and beverage
containers designed or intended primarily to contain liquid, food, or
beverages for consumption by the general population. 
   (d) 
    (e)  Notwithstanding subdivisions (a) and (b), if the
Department of Toxic Substances Control adopts a regulatory response
described in Section 25253 regarding the use of bisphenol A in
 any item that may be   an item that is 
prohibited by this section, this section shall  become
inoperative   cease to be implemented with respect to
that item  upon the date that the department posts a notice on
its Internet Web site that it has adopted the response  , and
shall be repealed on the following January 1  .
   (e) Notwithstanding subdivisions (b) and (c) of Section 25257.1,
this section shall not be construed to prohibit or restrict the
authority of the Department of Toxic Substances Control to adopt
regulations to limit exposure to or reduce the level of hazard posed
by bisphenol A. 
   108940.1.  (a) On and after July 1, 2013, no person or entity
shall manufacture, sell, or distribute in commerce any infant formula
in a can or plastic bottle containing bisphenol A or lined with a
material containing bisphenol A.
   (b) Notwithstanding subdivision (a), if the Department of Toxic
Substances Control adopts a regulatory response described in Section
25253 regarding the use of bisphenol A in any item that may be
prohibited by this section, this section shall become inoperative
upon the date that the department posts on its Internet Web site a
notice that it has adopted the response, and shall be repealed on the
following January 1.
   (c) Notwithstanding subdivisions (b) and (c) of Section 25257.1,
this section shall not be construed to prohibit or restrict the
authority of the Department of Toxic Substances Control to adopt
regulations to limit exposure to or reduce the level of hazard posed
by bisphenol A. 
   108941.  (a) Manufacturers shall use the least toxic alternative
when replacing bisphenol A in containers in accordance with this
chapter.
   (b) Manufacturers shall not replace bisphenol A, pursuant to this
chapter, with carcinogens rated by the United States Environmental
Protection Agency as carcinogenic to humans, likely to be
carcinogenic to humans, or suggestive evidence of carcinogenic
potential, or known to the state to cause cancer as listed in the
Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6
(commencing with Section 25249.5) of Division 20) list of chemicals
known to cause cancer or reproductive toxicity.
   (c) Manufacturers shall not replace bisphenol A, pursuant to this
chapter, with reproductive toxicants that cause birth defects,
reproductive harm, or developmental harm as identified by the United
States Environmental Protection Agency or listed in the Safe Drinking
Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing
with Section 25249.5) of Division 20) list of chemicals known to
cause cancer or reproductive toxicity. 
   108941.5.  If both Sections 108940 and 108940.1 become inoperative
and are repealed, then this chapter shall be repealed on January 1
of the subsequent calendar year following the repeal date of the last
repealed section.