BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1319
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          Date of Hearing:   May 3, 2011

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                    AB 1319 (Butler) - As Amended:  April 28, 2011
           
          SUBJECT  :  Product safety: bisphenol A.

           SUMMARY  :  Enacts the Toxin-Free Infants and Toddlers Act and 
          prohibits the sale, manufacture, or distribution of a bottle, 
          cup, liquid, baby food, formula, or beverage that contains 
          bisphenol A (BPA), as specified, if it is primarily intended for 
          children three years of age or younger.  Specifically,  this 
          bill  :


          1)Prohibits, effective July 1, 2013, the sale, manufacture, or 
            distribution of any bottle or cup that contains BPA, at a 
            level above 0.1 parts per billion (ppb), if it is designed 
            for, or intended to be filled with a liquid, food, or beverage 
            intended primarily for consumption by, children three years of 
            age or younger.  



          2)Prohibits, effective July 1, 2013, the manufacture, sale, or 
            distribution of a liquid, baby food, formula, or beverage 
            containing BPA, at a level above 0.1 ppb, if it is intended 
            primarily for consumption children three years of age or 
            younger.  Requires that the maximum amount of BPA permitted be 
            based on the likely concentration of the infant formula, 
            liquid, baby food, or beverage that will be consumed.

          3)Defines "baby food" to mean 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.
                

           4)Exempts from the above prohibitions medical devices and food 
            and beverage containers designed or intended primarily to 
            contain liquid, food, or beverages for consumption by the 
            general population.










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          5)Requires the provisions of this bill, if the Department of 
            Toxic Substances Control (DTSC) takes regulatory action 
            regarding the use of BPA under its Green Chemistry Initiative 
            for an item in 1) or 2) above, to cease to be implemented with 
            respect to that item upon the date that DTSC posts a notice on 
            its Internet Website that it has adopted the response.  
            Prohibits this bill from being construed to prohibit or 
            restrict the authority of DTSC to adopt regulations to limit 
            exposure to or reduce the level of hazard posed by BPA.


          6)Requires manufacturers to use the least toxic alternative when 
            replacing BPA in containers in accordance with this bill.   
            Prohibits manufacturers from replacing BPA, pursuant to this 
            bill, with carcinogens or reproductive toxins identified by 
            the United States Environmental Protection Agency (EPA) or the 
            Safe Drinking Water and Toxic Enforcement Act of 1986 
            (Proposition 65) list of chemicals known to cause cancer or 
            reproductive toxicity.  


          7)Makes a number of findings and declarations related to BPA, 
            its pervasiveness in humans and the environment, and its 
            health effects.


           EXISTING LAW  :

          1)Prohibits the sale, manufacture, or distribution in commerce 
            of toys, child care articles, or products that can be placed 
            in a child's mouth that contain phthalates in concentrations 
            exceeding 0.1%.  Defines "child care article" as all products 
            designed or intended by the manufacturer to facilitate sleep, 
            relaxation, or the feeding of children, or to help children 
            with sucking or teething.  Requires manufacturers to use the 
            least toxic alternative when replacing phthalates in products.

          2)Prohibits the manufacture, sale, and distribution of toys that 
            are contaminated with any toxic substance.

          3)Requires DTSC, to adopt regulations by January 1, 2011, to 
            identify and prioritize chemicals of concern, to evaluate 
            alternatives, and to specify regulatory responses to limit 
            exposure or to reduce the level of hazard posed by a chemical 
            of concern found in consumer products.








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          4)Requires DTSC to establish an online, public Toxics 
            Information Clearinghouse that includes science-based 
            information on the toxicity and hazard traits of chemicals 
            used in daily life.

          5)Under Proposition 65:

             a)   Requires the Governor to publish a list of chemicals 
               known to cause cancer or reproductive toxicity, and to 
               annually revise the list; and,
             b)   Prohibits any person in the course of doing business in 
               California from knowingly exposing any individual to a 
               chemical known to the State to cause cancer or reproductive 
               toxicity.

          6)Under the Toxic Substances Control Act of 1976, authorizes EPA 
            to track industrial chemicals produced or imported into the 
            United States.

          7)Add lead and cadmium in children's jewelry prohibitions.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal 
          committee.

           COMMENTS  :

           1)PURPOSE OF THIS BILL  .  According to the author, this bill is a 
            child safety measure that seeks to protect infants and 
            toddlers from a harmful toxin that leaches into babies' milk 
            and food.  While most consumers believe that everyday products 
            are tested for dangerous chemicals and determined to be safe 
            by government authorities, the reality is many children's 
            products contain toxic chemicals, such as BPA, that have been 
            shown to cause harm to children's health and the environment.  
            BPA has been linked to a number of long-term health impacts 
            such as birth defects, reproductive harm, impaired learning, 
            hyperactivity, and breast and prostate cancer.  The author 
            states that regulation of BPA in children's products is 
            woefully inadequate and has not kept pace with the explosion 
            of government funded peer-reviewed studies in the last few 
            years, which indicate that BPA leaches into food and beverage 
            products and is toxic at even extremely low doses.  The author 
            states that while she fully supports the Green Chemistry 
            Initiative, she believes BPA poses a clear and present danger 








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            and it may be several years before the Initiative is 
            implemented and regulatory reform will not occur fast enough 
            to protect children against a health risk that is well known 
            and where alternative products are available. 

           2)EXPOSURE TO BPA  .  According to the National Toxicology Program 
            (NTP) Draft Brief, diet is the primary source of exposure to 
            BPA for most people, although air, dust, and water (including 
            skin contact) are also possible sources of exposure.  
            According to the NTP, BPA can migrate into food from 
            containers with internal epoxy resin coatings and from 
            polycarbonate plastic products such as baby bottles, 
            tableware, food containers, and water bottles.  The degree to 
            which BPA migrates from polycarbonate containers into liquid 
            appears to depend more on the temperature of the liquid than 
            the age of the container; higher temperatures cause more 
            migration.  Short-term exposure can occur following 
            application of certain dental sealants or composites made with 
            BPA-derived material.  Workers may also be exposed during the 
            manufacture of BPA and BPA-containing products.  The 
            Environmental Working Group (EWG), a nonprofit research 
            organization and sponsor of this bill, found that almost all 
            infant formula cans are lined with an epoxy that contains BPA. 
             BPA is also found in breast milk.  

          According to the NTP Draft Brief, the highest estimated daily 
            intakes of BPA in the general population occur in infants and 
            children because, relative to their size, they eat, drink, and 
            breathe more than adults.  The U.S. Centers for Disease 
            Control and Prevention (found detectable levels of BPA in 93% 
            of a large, representative sample of people six years and 
            older.  People with the lowest household incomes had higher 
            levels of BPA than people in the highest income bracket.  The 
            NTP Draft Brief cited estimates that formula-fed infants 
            younger than six months and infants six to 12 months had much 
            higher intake levels of BPA than breast-fed infants less than 
            six months of age and adults in the general population, due to 
            polycarbonate formula bottles, epoxy formula can linings, 
            canned foods, and polycarbonate tableware.  EWG estimates that 
            one in 16 infants fed liquid, ready-to-eat formula would be 
            exposed to the chemicals at doses exceeding those that caused 
            harm in laboratory studies.  Baby's Toxic Bottle, a February 
            2008 report released by a coalition of U.S. and Canadian 
            public health and environment groups, concluded that the 
            amount of leaching from heated baby bottles is within the 








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            range to cause harm in animals and is therefore a health 
            concern for infants.  

           3)HEALTH EFFECTS OF BPA  .  NTP states that it is difficult to 
            draw conclusions about developmental or reproductive effects 
            of BPA from human studies due to factors such as lack of 
            variation in exposure, small sample size, cross-sectional 
            design, or lack of adjustment for potential confounders.  
            However, a group of scientists convened by the National 
            Institutes of Health Ýdiscussed in 5) below] concluded that 
            animal studies of BPA should be considered a valid indicator 
            of potential harm to humans. 

           Developmental Effects  .  NTP finds that there is some concern for 
            neural and behavioral effects in fetuses, infants, and 
            children at current human exposures to BPA.  NTP also has some 
            concern for effects in the prostate gland, mammary gland, and 
            an earlier age for puberty in females associated with BPA 
            exposure to fetuses, infants, and children.  Also, NTP did not 
            find sufficient evidence to rule out the possibility that BPA 
            exposure is associated with obesity and diabetes, earlier 
            puberty in females, decreased sperm production and motility, 
            and abnormal sperm formation associated with infertility.  

           
          Reproductive Effects  .  NTP concluded that several human studies, 
            including one in occupationally exposed male workers, 
            collectively suggest hormonal effects of BPA exposure in 
            adults.  Examples of hormonal effects of BPA include increased 
            testosterone in men and women, polycystic ovary syndrome, 
            recurrent miscarriages, and chromosomal defects in fetuses.  
            Also, in laboratory animals, developmental exposure to BPA at 
            doses comparable to human exposures appear to cause changes 
            that may increase risk of breast cancer later in life.  NTP 
            expressed negligible concern that exposure of pregnant women 
            to BPA will result in fetal or neonatal mortality, birth 
            defects or reduced birth weight and growth in their offspring. 
             NTP has negligible concern that nonoccupational exposure to 
            BPA has reproductive effects and minimal concern that 
            occupational exposures to BPA cause reproductive harm. 

           4)CHAPEL HILL CONSENSUS STATEMENT  .  In November 2006, the 
            National Institutes of Health convened in Chapel Hill, North 
            Carolina, an international group of scientists with expertise 
            in BPA to critically examine the relevance of the large body 








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            of ecological, in vitro, and laboratory animal studies for 
            assessing risks to human health.  The group issued the Chapel 
            Hill Consensus Statement, which included only findings with 
            which all members of the topic-specific workgroups concurred.  
            According to the Consensus Statement, the group was  confident  
            of the following:
             a)   BPA exposure induces similar effects in reproductive 
               systems in wildlife as in laboratory experiments;
             b)   Responses in a variety of species are qualitatively 
               consistent with controlled laboratory studies of BPA, and 
               are predictive of similar effects in humans;
             c)   Metabolic studies in rats suggest that current human 
               exposures are comparable to those in laboratory animal 
               studies;
             d)   Exposure to BPA in concentrations within range of those 
               observed in human fetal blood 
             produced multiple adverse outcomes in fetal mice;
             e)   Sensitivity to endocrine disruptors varies extensively 
               with life stage;
             f)   BPA in low doses alters genes and results in persistent 
               effects that are expressed later in life; and,
             g)   Low doses of BPA in adulthood can have neurobehavioral 
               and reproductive effects. 

            The Chapel Hill Group concluded that the wide range of adverse 
            effects of low doses of BPA in laboratory animals exposed 
            during development and adulthood gives great cause for concern 
            with regard to the potential for similar adverse effects in 
            humans.  They further argued that the effects seen in 
            experimental animals exposed to BPA relate to recent trends in 
            human diseases, such as increases in prostate and breast 
            cancer, uro-genital defects in male babies, decline in semen 
            quality, early onset of puberty in girls, and metabolic 
            disorders such as type 2 diabetes and obesity, and 
            neurobehavioral problems.  The group also stated that there is 
            extensive evidence that outcomes may not become apparent until 
            long after BPA exposure occurs.

           5)GREEN CHEMISTRY INITIATIVE  .  According to the final report of 
            the California Green Chemistry Initiative, green chemistry 
            focuses on environmental protection at the design and 
            manufacturing stages of product production.  It intends to 
            address chemicals before they become hazards, with the goal of 
            making chemicals and products "benign by design."  Green 
            chemistry seeks to reduce the toxicity of chemicals in the 








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            first place, rather than merely manage their toxic waste after 
            use and disposal.  

          In 2007, DTSC launched the California Green Chemistry 
            Initiative, and in December 2008, released six policy 
            recommendations for establishing a comprehensive Green 
            Chemistry program in California.  Governor Schwarzenegger 
            signed two of the six recommendations into law:  AB 1879 
            (Feuer and Huffman), Chapter 559, Statutes of 2008, requires 
            DTSC to adopt regulations by January 1, 2011 to identify and 
            prioritize chemicals of concern, to evaluate alternatives, and 
            to specify regulatory responses where chemicals of concern are 
            found in consumer products.  SB 509 (Simitian), Chapter 560, 
            Statutes of 2008, requires DTSC to establish an online, public 
            Toxics Information Clearinghouse that includes science-based 
            information on the toxicity and hazard traits of chemicals 
            used in daily life.  DTSC completed a two-year process of 
            stakeholder and public involvement and issued the draft 
            regulation on June 23, 2010.  The Proposed Regulation was 
            submitted to state Office of Administrative Law (OAL) 
            September of 2010 and includes changes made as a result of 
            that consultation.  The Green Chemistry Proposed Regulation 
            for Safer Consumer Products were submitted to the state OAL to 
            begin the official rulemaking process.  In December 2010, the 
            California Office of Environmental Health Hazard Assessment 
            (OEHHA) released its proposed regulations that seek to 
            implement the mandate of SB 509 and identify four general 
            categories of hazard traits: Toxicological Hazard Traits; 
            Environmental Hazard Traits; Exposure Potential Hazard Traits; 
            and, Physical Hazard Traits.

           6)INFORMATIONAL HEARINGS  .  In January 2006, the Assembly 
            Environmental Safety and Toxic Materials Committee and 
            Assembly Health Committee held a joint informational hearing 
            on the health effects of phthalates and BPA on children.  
            During the hearing, the manufacturers and industries that use 
            phthalates and BPA in children's products claimed that levels 
            at which people are exposed pose no risk.  A leading 
            researcher on the effects of BPA showed the similarities 
            between effects of low doses of BPA on laboratory animals and 
            human health trends, such as prostate disease, obesity, 
            decreased sperm counts, early puberty in females, and 
            hyperactivity.  The researcher also showed that 
            industry-funded studies show no health effects of BPA 
            exposure, while government-funded studies generally show 








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            effects.  The researcher showed that low doses, not high 
            doses, of BPA stimulate proliferation of human prostate cancer 
            cells, and that elevated levels of BPA in the blood are 
            associated with recurrent miscarriages, obesity, and 
            polycystic ovarian disease. 

          In February 2009, August 2010, and February 2011, the Assembly 
            Committees on Environmental Safety and Toxic Materials, 
            Health, and Natural Resources held oversight hearings on the 
            Green Chemistry Initiative.  Representatives from DTSC and 
            OEHHA reported on their progress in implementing Green 
            Chemistry. 

           7)FEDERAL ACTIONS CONCERNING BPA  .  January 2010, the federal 
            Food and Drug Administration (FDA) announced that on the basis 
            of results from recent studies using novel approaches to test 
            for subtle effects, both the National Toxicology Program at 
            the National Institutes of Health and FDA have some concern 
            about the potential effects of BPA on the brain, behavior, and 
            prostate gland in fetuses, infants, and young children.  The 
            FDA stated that it would be carrying out in-depth studies to 
            answer key questions and clarify uncertainties about the risks 
            of BPA in cooperation with the National Toxicology Program, 
            FDA's National Center for Toxicological Research.  In March 
            2010 the EPA declared BPA a "chemical of concern" and later 
            announced it would initiate collaborative alternatives 
            assessment activities under its Design for the Environment 
            (DfE) program to encourage reductions in BPA releases and 
            exposures. This DfE environmental and health assessment is 
            expected to be completed in the latter half of 2011.  
            Additionally, EPA intends to initiate alternatives analyses 
            for BPA used in foundry castings since foundries are 
            accountable for large releases of BPA as reported under the 
            Toxic Release Inventory, and for BPA-based materials lining 
            water and waste water pipes since this application may have a 
            potential for human and environmental exposure.  Prior to 
            this, there had been attempts in Congress to ban BPA.  In 
            2009, U.S. Senators Dianne Feinstein and Chuck Schumer 
            introduced S. 593 and Congressman Edward Markey introduced 
            H.R. 1523 to establish a federal ban on BPA in all food and 
            beverage containers.  Congressman John Dingell also introduced 
            the federal Food Safety Enhancement Act, H.R. 2749, which 
            would have required the Secretary of the U.S. Department of 
            Health and Human Services to examine the evidence concerning 
            BPA. 








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           8)OTHER GOVERNMENT ACTIONS RELATED TO BPA  .  In October 2008, the 
            Canadian government announced that it would ban the use of BPA 
            in baby bottles, and take measures to limit the release of BPA 
            in the environment.  In March 2009, Suffolk County, New York 
            became the first place in the nation to enact a BPA ban.  
            Minnesota also banned BPA in baby bottles and cups, and in 
            June 2009 Connecticut acted to ban BPA in all children's 
            feeding products, including formula cans, and the full range 
            of reusable food and beverage containers.  The European Food 
            Safety Authority, however, and the United Kingdom Food 
            Standards Agency recently reaffirmed their position that BPA 
            is safe at a daily intake below 0.05 milligrams/kilogram of 
            body weight.  In August 2010, the Maine Board of Environmental 
            Protection voted unanimously to ban the sale of baby bottles 
            and other reusable food and beverage containers made with BPA 
            as of January 2012.

           9)BPA IN THE MARKETPLACE  .  Numerous manufacturers and retailers 
            have decreased or halted sales of children's products 
            containing BPA, and quickly increased the availability of 
            BPA-free products.  Wal-Mart announced in April 2008 that it 
            would immediately halt sales of baby bottles, "sippy cups," 
            pacifiers, food containers, and water bottles made with BPA in 
            its Canadian stores, and that it would stop selling baby 
            bottles made with BPA in its U.S. stores in early 2009.  Toys 
            "R" Us also announced it would stop selling baby bottles and 
            other baby feeding products containing BPA by the end of 2008. 
             Whole Foods stopped selling polycarbonate baby bottles and 
            child drinking cups.  Eden Foods has eliminated BPA in cans 
            for some foods.  According to the Milwaukee Journal Sentinel, 
            gas and chemical maker Sunoco, citing uncertainty over the 
            safety of BPA, announced in March that it will require its 
            customers to guarantee that they will not use BPA in food and 
            water containers for children under three years.  

           10)PREVIOUS LEGISLATION  .  SB 797 (Pavley) of 2009 and SB 1713 
            (Migden) of 2008 were substantially similar to this bill and 
            contained a ban on the use of BPA in baby bottles and baby 
            food containers.  AB 797 failed passage on the Senate Floor 
            and SB 1713 failed passage on the Assembly Floor.

           11)DOUBLE REFERRAL  .   This bill was heard by the Assembly 
            Environmental Safety and Toxic Materials Committee on April 
            26, 2011 and passed by a vote of 6-2.  








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            12)TECHNICAL AMENDMENT  .  On page 4, beginning on line 28:  
                 
             (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  
                                                                          as it is intended or directed  to be consumed.

           REGISTERED SUPPORT / OPPOSITION  :

           Support
           
          Alliance of California Autism Organizations
          American Academy of Pediatrics
          American Congress of Obstetricians and Gynecologist (California)
          Asian Communities for Reproductive Justice
          Autism One
          Autism Research Institute
          Black Women for Wellness
          Breast Cancer Fund
          California League of Conservation Voters
          California Medical Association
          California Nurses Association
          California WIC Association
          Californians for a Healthy and Green Economy
          Center for Environmental Health
          Children Now
          Clean Water Action
          Commonweal
          Consumers Union
          County of Santa Clara
          East Yard Communities for Environmental Justice
          EcoMom Alliance
          Environment California
          Environmental Working Group
          First 5 LA
          Food & Water Watch
          Great Beginnings for Black Babies, Inc.
          Green to Grow
          Healthy Child Healthy World
          Making Our Milk Safe
          Moms Advocating Sustainability
          Natural Resources Defense Council
          Physicians for Social Responsibility
          Reproductive Justice Coalition of Los Angeles








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          San Francisco Department of Environment
          Senator Dianne Feinstein
          Sierra Club California
          Silicon Valley Toxics Coalition
          Solano County Board of Supervisors
          St. John's Well Child & Family Center (Los Angeles)
          Teens Turning Green
          US Autism & Asperger Association 













































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           Opposition
           
          AdvaMed - Advanced Medical Technology Association
          American Chemistry Council
          California Chamber of Commerce
          California Citizens Against Lawsuit Abuse
          California Grocers Association
          California Healthcare Institute
          California League of Food Processors
          California Manufacturers and Technology Association
          Can Manufacturers Institute
          Civil Justice Association of California
          Consumer Specialty Products Association
          Grocery Manufacturers Association
          Industrial Environmental Association
          International Formula Council
          Juvenile Products Manufacturers Association
          National Federation of Independent Business
          North American Metal Packaging Alliance, Inc.
           
          Analysis Prepared by  :    Melanie Moreno / HEALTH / (916) 
          319-2097