BILL NUMBER: AB 1319 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
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, Eng, Fong, Gatto, Huffman, Lara,
Bonnie Lowenthal, Ma, Skinner, and Williams)
(Coauthors: Senators Corbett, De León, and Liu)
FEBRUARY 18, 2011
An act to add and repeal Chapter 12 (commencing
with Section 108940) of to 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, 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 July 1,
2013, the manufacture, sale, or distribution in commerce of any
infant formula, liquid, baby food, or beverage
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 by infants or children
three years of age or younger. This prohibition would cease to be
implemented for an item, on the date that a prescribed notice is
posted regarding the department's adoption of related regulations
. The bill would also require manufacturers to use the least
toxic alternative when replacing bisphenol A in containers in
accordance with this bill.
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) 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.
(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.
(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.
(i) Many companies have phased out BPA from their products or
removed BPA-containing products from their store shelves or both.
(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.
(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 July 1, 2013, 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) (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 infant formula, liquid, baby
food, or beverage as it is intended or directed to be consumed.
(d) Subdivisions (a) and (b) shall not apply to medical devices,
(b) Subdivision (a) 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.
(e) Notwithstanding subdivisions (a) and (b), if the Department
(c) 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 an item that is prohibited by this section, this section shall
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.
(e)
(d) 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.