BILL ANALYSIS Ó
AB 1319
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ASSEMBLY THIRD READING
AB 1319 (Butler)
As Amended May 10, 2011
Majority vote
ENVIRONMENTAL SAFETY 6-2 HEALTH
12-7
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|Ayes:|Wieckowski, Campos, |Ayes:|Monning, Ammiano, Atkins, |
| |Chesbro, Davis, Feuer, | |Bonilla, Eng, Gordon, |
| |Bonnie Lowenthal | |Hayashi, |
| | | |Roger Hernández, Bonnie |
| | | |Lowenthal, Mitchell, V. |
| | | |Manuel Pérez, Williams |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller, Morrell |Nays:|Logue, Garrick, Mansoor, |
| | | |Nestande, Pan, Silva, |
| | | |Smyth |
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SUMMARY : Prohibits the sale, manufacture or distribution of a
bottle or cup or a liquid, food or beverage in a can, jar or
plastic bottle that contains bisphenol A if the item is
primarily intended for children three years of age or younger.
Specifically, this bill :
1)Enacts the Toxin-Free Infants and Toddlers Act.
2)Prohibits the sale, manufacture or distribution of 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 for, or
intended to be filled with a liquid, food, or beverage
intended primarily for consumption by, children three years of
age or younger. This prohibition is effective July 1, 2013.
3)Prohibits the manufacture, sale, or distribution of a liquid,
baby food, formula or beverage containing bisphenol A at a
level above 0.1 ppb, if the liquid, baby food, formula or
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beverage is intended primarily for consumption by children
three years of age or younger. This prohibition is effective
July 1, 2013.
4)Defines baby food to include 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.
5)Provides that when testing products or foods for the purpose
of the bisphenol A ban, the testing shall be based on the
product or food as it is intended to be consumed.
6)Exempts from the above prohibitions food and beverage
containers designed or intended primarily to contain liquid,
food, or beverages for consumption by the general population.
7)Requires manufacturers to use the least toxic alternative when
replacing bisphenol A in containers.
8)Prohibits manufacturers from replacing bisphenol A with
carcinogens or reproductive toxicants as identified by the
United States Environmental Protection Agency (U.S. EPA) or as
listed in the Safe Drinking Water and Toxic Enforcement Act of
1986 (Proposition 65).
9)Provides that in the event that the Department of Toxic
Substance Control (DTSC) takes action on specific items under
the provisions of the state's Green Chemistry Program, then
the standards established by this bill would no longer be in
effect for those items.
10) Makes legislative findings and declarations.
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FISCAL EFFECT : Unknown
COMMENTS : According to the author's office, "AB 1319 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 bisphenol A, 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. Because
children's bodies are growing and developing, they are
especially vulnerable to the effects of bisphenol A. 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 indicating a problem with BPA in
food and beverage products."
Bisphenol A is an organic compound that has been used for
several polymers and polymer additives, such as polycarbonate
plastics and epoxy resins. Polycarbonate plastics are used as
linings in most food and beverage cans and also in dental
sealants. Such plastics are also used in the manufacture of
children's products such as toys, pacifiers, baby bottles and
tethers. Hard, clear plastics, such as some reusable water
bottles, are created using bisphenol A. Bisphenol A is also
used as an antioxidant in plasticizers and as a polymerization
inhibitor in polyvinyl chloride. Nearly three billion pounds of
bisphenol A are produced annually in the United States alone.
Effects of bisphenol A: The leaching of bisphenol A from
consumer products has led to widespread human exposure.
Bisphenol A has been shown to leach from the plastic lining of
canned foods and polycarbonate plastics that are cleaned with
harsh detergents, or from containers that are used to store
acidic or high-temperature liquids. The chemical bonds linking
bisphenol A molecules in polycarbonate plastics break down when
exposed to the high heat, or acidic or basic conditions.
Bio-monitoring studies conducted by the Centers for Disease
Control and Prevention found that bisphenol A concentrations in
Americans range from 0.4 ppb (10th percentile) to 8 ppb (95th
percentile), with the chemical being detected in 93% of the
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sampled population in urine. Children had the highest
concentrations of bisphenol A, followed by teens and adults.
According to the State Department of Toxics Substance Control,
bisphenol A acts as a synthetic estrogen. In laboratory
experiments, it has been shown to bind to the estrogen receptor
and cause proliferation of human breast cancer and prostate
cells. Experiments with laboratory animals have shown that
bisphenol A can lead to reproductive, developmental and
behavioral abnormalities. There is controversy as to whether
the levels of bisphenol A that humans are exposed to through
consumer products are harmful to their health.
One group of experts concludes that the findings related to
reproductive, developmental and behavioral abnormalities are not
relevant to humans because: 1) the adverse effects (observed in
laboratory experiments) occurred only at high doses and are,
therefore, not applicable to human populations who are exposed
to much lower levels in the everyday environment; 2) the routes
of exposure were not always the same between the laboratory
animals (e.g., injection) experiencing the above-mentioned
effects and general human populations (oral); and, 3) to date,
no reproductive, developmental or neurological adverse effects
have been observed in humans exposed to bisphenol A.
Another group of experts counters that exposure of rodent
offspring to low doses of bisphenol A in the womb (lower than
the 50 ug/kg/day level considered to be safe by the U.S.
Environmental Protection Agency (U.S. EPA)) leads to abnormal
weight gain, insulin resistance, and prostate and breast cancer.
The U.S. EPA derived a safe value of 50 ug/kg/day in 1993, and
many researchers are calling for an update in this value after
consideration of more recent research data. A National
Institutes of Health-sponsored panel in the United States
determined that there was "some concern" about bisphenol A's
effect on fetal and infant brains and behavior, and that further
studies in this area are needed.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0000565
AB 1319
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