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                
           
           ----------------------------------------------------------------- 
          |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                     |
           ----------------------------------------------------------------- 

           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








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