BILL NUMBER: AB 1319 AMENDED
AMENDED IN SENATE AUGUST 22, 2011
AMENDED IN SENATE JULY 12, 2011
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 Chapter 12 (commencing with Section 108940) to Part
3 of Division 104 of the Health and Safety Code, relating to product
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
bottle or cup that contains bisphenol A, at a detectable 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 3
years of age or younger. This prohibition would cease to be
implemented for an item not apply to a product
subject to a regulatory response by the department , on the
date that a prescribed notice is posted regarding the department's
adoption of related regulations the
regulatory response . 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
(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
(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. SEC. 2. 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 detectable 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) 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.
(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
a product that is prohibited by this section,
this section shall cease to be implemented with respect to that item
upon the date that the prohibited by this section, the
prohibition of this section shall not apply to that product upon the
date that the department posts a notice on its Internet Web
site that it has adopted the response.
(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 prioritize or take action on any
products containing bisphenol A in order 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
(b) Manufacturers shall not replace bisphenol A, pursuant to this
chapter, with carcinogens rated chemicals
classified by the United States Environmental Protection Agency
as carcinogenic to humans, likely to be carcinogenic to humans, or
for which there is suggestive evidence of carcinogenic
potential, or known to identified by
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
(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.