BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1319|
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THIRD READING
Bill No: AB 1319
Author: Butler (D), et al.
Amended: 7/12/11 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 5-3, 06/22/11
AYES: Alquist, De León, DeSaulnier, Rubio, Wolk
NOES: Strickland, Anderson, Blakeslee
NO VOTE RECORDED: Hernandez
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 07/06/11
AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley
NOES: Strickland, Blakeslee
ASSEMBLY FLOOR : 42-29, 05/23/11 - See last page for vote
SUBJECT : Product safety: bisphenol A
SOURCE : Environmental Working Group
DIGEST : This bill enacts 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 (BPA), 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
three years of age or younger. This prohibition would
cease to be implemented for an item, on the date that a
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prescribed notice is posted regarding the department's
adoption of related regulations.
ANALYSIS : 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 percent.
2.Defines a "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.
3.Requires manufacturers to use the least toxic alternative
when replacing phthalates in products.
4.Prohibits the manufacture, sale, and distribution of toys
that are contaminated with any toxic substance.
5.Requires the Department of Toxic Substances Control
(DTSC), to adopt regulations by January 1, 2011, to
identify and prioritize chemicals of concern, evaluate
alternatives, and specify regulatory responses to limit
exposure or to reduce the level of hazard posed by a
chemical of concern found in consumer products.
6.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.
7.Under the Safe Drinking Water and Toxic Enforcement Act
of 1986 (commonly known as Proposition 65), requires the
Governor to publish and annually revise a list of
chemicals that have been scientifically proven to cause
cancer or reproductive toxicity each year. 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.
8.Under the Toxic Substances Control Act of 1976,
authorizes the United States Environmental Protection
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Agency (US EPA) to track industrial chemicals produced or
imported into the United States.
9.Prohibits the sale of children's jewelry containing lead
or cadmium.
This bill enacts the Toxin-Free Infants and Toddlers Act
that:
1.Prohibits the manufacture, sale or distribution in
commerce of any bottle or cup, intended to be used to
consume foods, beverages or liquids by children under the
age of three, and contains a detectable level of more
than 0.1 ppb of BPA on or after July 1, 2013.
2.Requires manufacturers to use the least toxic alternative
when replacing BPA.
3.Prohibits manufacturers from replacing BPA with
cancer-causing chemicals and reproductive toxicants, as
specified.
4.Requires that the above provisions no longer be
implemented if DTSC adopts regulations regarding the use
of BPA in an above-mentioned item and DTSC posts a notice
on its Internet Web site regarding the regulations.
5.Specifies that these provisions are not intended to
prohibit or restrict DTSC from adopting regulations to
limit exposure to or reduce the level of hazard posed by
BPA.
6.Makes findings and declarations regarding BPA.
Background
In January 2010, the 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
NTP at the National Institutes of Health and the 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 carry out
in-depth studies to answer key questions and clarify
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uncertainties about the risks of BPA in cooperation with
the NTP and FDA's National Center for Toxicological
Research. In March 2010 the EPA declared BPA a "chemical
of concern." It later announced it would initiate an
assessment under its Design for the Environment (DfE)
program, to encourage reductions in BPA releases and
exposures. The DfE environmental and health assessment is
expected to be completed in the latter half of 2011.
There have also 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.
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 has 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. 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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/12/11)
Environmental Working Group (source)
Alliance of California Autism Organizations
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American Academy of Pediatrics
American Congress of Obstetricians and Gynecologists,
District IX
American Federation of State, County and Municipal
Employees
Asian Communities for Reproductive Justice
Autism One
Autism Research Institute
Black Women for Wellness
Breast Cancer Fund
California League for 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
Consumer Federation of California
Consumer's Union
County of Los Angeles Board of Supervisors
County of Santa Clara Board of Supervisors
County of Santa Clara Office of the County Executive
EconMom Alliance
Environment California
Environmental Working Group
First 5 Association of California
Food and Water Watch
Fresno Metro Ministry
Great Beginnings for Black Babies, Inc.
Green to Grow
Having Our Say Coalition
Healthy Child Healthy World
Latino Coalition for a Healthy California
Latinos United for Clean Air
Mothers of Marin Against the Spray
Making Our Milk Safe
Natural Resource Defense Council
Physicians for Social Responsibility, Los Angeles
Planned Parenthood Advocacy Project Los Angeles County
Planned Parenthood of California
Reproductive Justice Coalition of Los Angeles
San Diego Coastkeeper
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San Francisco Department of Environment
Sierra Club California
Silicon Valley Toxics Coalition
Solano County Board of Supervisors
St. John's Well Child and Family Center
Teens Turning Green
US Autism and Asperger Association
U.S. Senator, the Honorable Diane Feinstein
OPPOSITION : (Verified 7/12/11)
California Chamber of Commerce
Advanced Medical Technology Association
California League of Food Processors
International Formula Council
California Manufacturers and Technology Association
California Citizens Against Lawsuit Abuse
Grocery Manufacturers Association
California Grocers Association
American Chemistry Council
Can Manufacturers Institute
Civil Justice Association of California
Consumer Specialty Products Association
Juvenile Products Manufacturers Association
North American Metal Packaging Alliance, Inc.
California Healthcare Institute
ARGUMENTS IN SUPPORT : Supporters state that there are
many alternatives for products that are the subject of this
bill, and some major manufacturers have already taken the
responsible path toward eliminating these hazards from
their products. They believe that this bill will help
ensure that products laden with BPA are not channeled
towards poorer communities.
The American Academy of Pediatrics, California believes
that while it is difficult to establish a causal link,
existing and emerging data are sufficient to warrant
banning BPA in products that are used for food consumption
by infants and children.
ARGUMENTS IN OPPOSITION : Opponents believe this bill
runs contrary to the consensus of the scientific community
and of international regulatory agencies that have
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concluded BPA is safe as used. Opponents state that the
Legislature established a process by which state scientists
would be empowered to evaluate chemicals in consumer
products and implement a variety of regulatory actions if
necessary. The opponents assert that the bill requires
manufacturers to use the "least toxic alternative" but
provides no clear indication of what that is or what
regulatory body will make such a determination. The
opponents believe that any assessment of chemicals and
potential replacement products is best handled in the
scientific arena, not a political setting.
ASSEMBLY FLOOR : 42-29, 05/23/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Campos, Carter, Chesbro, Davis, Dickinson, Eng,
Feuer, Fong, Furutani, Galgiani, Gatto, Gordon, Hayashi,
Roger Hernández, Hill, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mitchell, Monning, Portantino, Skinner,
Swanson, Torres, Wieckowski, Williams, Yamada, John A.
Pérez
NOES: Achadjian, Bill Berryhill, Conway, Donnelly,
Fletcher, Fuentes, Beth Gaines, Garrick, Grove, Hagman,
Halderman, Harkey, Jeffries, Jones, Knight, Logue,
Mansoor, Miller, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Charles Calderon, Cedillo, Cook, Gorell,
Hall, Huber, Mendoza, V. Manuel Pérez, Solorio
CTW:nl 7/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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