BILL NUMBER: AB 1319	CHAPTERED
	BILL TEXT

	CHAPTER  467
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2011
	APPROVED BY GOVERNOR  OCTOBER 4, 2011
	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2011
	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
safety.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1319, 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 children 3 years of age or younger. This
prohibition would 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 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.


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.  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 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 a product that is
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 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
chapter.
   (b) Manufacturers shall not replace bisphenol A, pursuant to this
chapter, with 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 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 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.