BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 763 (Leno) - Juvenile products: flame retardant chemicals
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|Version: May 7, 2015 |Policy Vote: B., P. & E.D. 5 - |
| | 2, E.Q. 6 - 0 |
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|Urgency: No |Mandate: Yes (see staff |
| |comment) |
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|Hearing Date: May 28, 2015 |Consultant: Marie Liu |
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SUSPENSE FILE. AS AMENDED.
Bill
Summary: SB 763 would require a manufacturer of juvenile
products sold in California to affix a permanent label on the
product indicating whether the product has added flame retardant
chemicals. This bill would also direct the Bureau of Electronic
and Appliance Repair, Home Furnishing and Thermal Insulation
Fund (bureau) to ensure compliance with the labeling and
documents requirements.
Fiscal Impact (as approved on May 28, 2015): Costs pressures, in
the low hundreds of thousands of dollars, to the Home Furnishing
and Thermal Insulation Fund (HFTI Fund, special) for the
enforcement of these requirements, including testing for label
accuracy.
Background: Existing law establishes the Bureau of Electronic and
Appliance Repair, Home Furnishings and Thermal Insulation
(Bureau) within the Department of Consumer Affairs (DCA). The
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bureau is authorized to administer and enforce the Home
Furnishings and Thermal Insulation Act (HFTI Act) that provides
for the licensing and inspection of businesses that manufacture
and sell upholstered furniture, bedding and thermal insulation.
Pursuant to the HFTI Act, mattresses, box springs, and
upholstered furniture are required in this state to be flame
retardant.
Existing law (BPC §19094) requires a manufacturer of upholstered
furniture to indicate whether or not the product contains added
flame retardant chemicals, as defined, by including a specified
statement. This section requires manufacturers to retain
documents, as specified and to provide that documentation to the
bureau. The bureau has the authority to test for labeling
accuracy and to assess fines for violations of the requirements
or inaccurate labeling.
Proposed Law:
This bill would require the manufacturer of a juvenile
product, as defined, that is sold in California to affix a
permanent label on the product indicating whether the product
has added flame retardant chemicals. Specifically, this bill
would:
Define a "juvenile product" as a nonexclusive list of
products, including products such as bassinets, floor play
mat, changing pad, infant car seat, nursing pillow, infant
swing, and children's nap pads that do not have to meet
federal flammability standards for mattresses.
Define a "flame retardant chemical" with language that is
consistent with the definition used for the labeling
requirements for upholstered furniture.
Require specific notification regarding flame retardants for
juvenile products sold in California via a website or paper
catalog.
Require manufacturers of juvenile products sold in California
to retain documentation indicating whether flame retardant
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chemicals were added.
Requires, within 30 days of a request by the bureau, a
manufacturer of a product sold in California to provide the
Bureau with the documentation establishing the accuracy of the
flame retardant chemical statement on the label.
Requires the bureau to provide the California Department of
Toxic Substances Control (DTSC) with samples of the product or
components of the product sold in California from products
marked "contains NO added flame retardant chemicals" for
testing for the presence of added flame retardant chemicals.
Requires DTSC to provide the results of all testing to the
Bureau.
Authorizes the bureau to issue citations and assess fines for
violations of the above provisions, as specified. Fines for
not affixing a label, regardless of the label's accuracy,
would be assessed at the same level as other violations of the
act.
Provides that a manufacturer of juvenile products and
component suppliers shall be jointly and severally liable for
violations of these provisions, as specified.
Authorizes the bureau to adopt regulations to carry out the
provisions of the bill.
Explicitly exempts juvenile products from flame retardant
requirements for mattresses.
Related
Legislation: SB 1019 (Leno) Chapter 862, Statutes of 2014,
required an upholstered furniture manufacturer to indicate on
the product label whether or not a product contains added flame
retardant chemicals.
AB 1175 (Ridley-Thomas) would raise the licensure fees that
support the HFTI Fund.
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Staff
Comments: This bill authorizes, but does not require, the bureau to
adopt regulations to carry out this bill. However the bureau
does not believe it will need to adopt regulations based on its
experience implementing SB 1019, which is the model for this
bill. In implementing SB 1019, the bureau has found that the
statutes provide sufficient detail so that additional
regulations have not been necessary. As such, there are no costs
or cost pressures associated with this provision.
This bill will create cost pressures for the bureau's
enforcement of the bill's labeling requirements, particularly
for testing. As with SB 1019, the testing for enforcement
purposes will be performed by DTSC. The bureau would be required
to reimburse DTSC for its costs. Testing costs include equipment
costs and the staff time to conduct the tests. To provide some
context, DTSC estimates that it would cost approximately
$150,000 to test 100 products annually. DTSC notes that while it
has the capability of conducting these tests, it currently has
no capacity to do so. Unless the bureau's enforcement budget
increases, any testing of juvenile products will come at the
expense of testing other products or other enforcement
activities.
Staff notes that the HFTI fund currently has a structural
deficit in that its current fee structure does not provide
enough funds to cover its current appropriations. Future
appropriation requests for the bureau's enforcement activities
could result in the need for future fee increases.
Staff notes that because this bill is an expansion of the HFTI
act, the bureau would be authorized to use the HFTI fund to pay
for testing and other enforcement activities. However, the
definition of juvenile products in this bill is very broad as
the only defining requirement is that the product is not subject
to federal mattress flammability requirements. The bill lists 21
specific products, but it is a nonexclusive list. There are many
products that a person could conceivable consider a "juvenile
product" colloquially that are not mattresses (ex: stuffed toys,
a children's bike helmet with foam pads, a convertible car seat,
etc.) and that are not are not under the bureau's existing
jurisdiction. And at least one of the listed 21 products, a
baby carrier that is worn by an adult, may also not be under the
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bureau's existing jurisdiction. Manufactures, retail sellers,
and importers of products under the bureau's existing
jurisdiction pay a license fee that supports the bureau's
activities including enforcement. Staff believes it is
questionable whether the HFTI fund should be used to enforce
labeling requirements on products that are not made or sold by
licensed entities. Staff notes that fees generally must be
assessed on the whole regulated community but this bill could
create entities that are required to have a label but not
required to be licensed.
This bill constitutes a state mandate as it creates a new crime.
However, under the California Constitution, costs associated
with this mandate are not reimbursable.
Author amendments (as adopted on May 28, 2015): Amend to define
juvenile products as products subject to the Home Furnishing and
Insulation Act and intended for use by infants and children
under 12 years of age.
Committee amendments (as adopted on May 28, 2015): Amend to
strike baby carriers that are worn by an adult from the list of
specific products subject to the labeling requirements.
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