BILL ANALYSIS Ó SB 763 Page 1 SENATE THIRD READING SB 763 (Leno) As Amended August 28, 2015 Majority vote SENATE VOTE: 30-10 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Business & |12-0 |Bonilla, Baker, | | |Professions | |Bloom, Campos, Chang, | | | | |Dodd, Eggman, Gatto, | | | | |Holden, Mullin, Ting, | | | | |Wood | | | | | | | |----------------+-----+----------------------+--------------------| |Environmental |7-0 |Alejo, Dahle, | | |Safety | |Gallagher, Gonzalez, | | | | |Gray, McCarty, Ting | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |16-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Nazarian, Eggman, | | | | |Gallagher, Eduardo | | SB 763 Page 2 | | |Garcia, Holden, | | | | |Jones, Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Requires manufacturers of juvenile products manufactured on or after July 1, 2016, to indicate on a label if a product contains added flame retardant chemicals. Specifically, this bill: 1)Defines "juvenile product" as a product subject to the Home Furnishings and Thermal Insulation Act and intended for use by infants and children younger than 12 years of age, such as a bassinet, booster seat, infant car seat, changing pad, floor play mat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, children's nap mat, and infant foam crib mattress. 2)Requires a manufacturer of juvenile products manufactured on or after July 1, 2016, for retail sale in California to include, for juvenile products containing added flame retardant chemicals, a label in plain view that includes a specified flame retardant chemical statement and indicates the presence of added flame retardant chemicals. 3)Requires the manufacturer of a juvenile product sold in California to retain documentation to show whether or not flame retardant chemicals were added to the product and requires, upon request, the manufacturer to provide the documentation to the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI). 4)Requires BEARHFTI to ensure compliance with the labeling and documentation requirements in this bill. SB 763 Page 3 5)Specifies a method for detecting mislabeling, including testing, and requires fines for mislabeling to be assessed in increasing severity, depending on the frequency of the violation and in accordance with specified factors. 6)Requires BEARHFTI to assess fines, in increasing severity and in accordance with specified factors, for the failure of the manufacturer of the juvenile product to maintain or provide upon request documentation to show whether flame retardant chemicals were added to the product. 7)Authorizes BEARHFTI to adopt regulations to carry out the requirements of this bill. EXISTING LAW: Requires a manufacturer of upholstered furniture to indicate whether or not the product contains added flame retardant chemicals by including a specified flame retardant chemical statement and a specified indication of the absence or presence of flame retardant chemicals on the flame retardant. (Technical Bulletin (TB) 117-2013) label. (Business and Profession Code Section 19094 (b)(1)) FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could result in cost pressures, in the low hundreds of thousands of dollars, to the Home Furnishing and Thermal Insulation Fund, for enforcement of the requirements in this bill, including testing for label accuracy, and could result in negligible costs associated with adopting regulations. COMMENTS: Need for this bill: According to the author, "Growing evidence show(s) that many fire retardant chemicals have serious human and environmental health impacts, including cancer, decreased fertility, hormone disruption, lower IQ, and hyperactivity ? SB 763 Page 4 Tests have found fire retardant chemicals present in polyurethane foam in baby products which are in intimate contact with infants and young children including nap mats, bassinets, changing pads, strollers, playpens, swings, nursing pillows, high chairs and toddler chairs?SB 763 will give parents the information they need to choose safe and healthy products for their children." Flame retardant chemicals: Flame retardants are chemicals added to plastic, foam, textiles, electronics, building materials, and other products to resist or inhibit the spread of fire. Human exposure to flame retardants occurs mainly through inhalation or ingestion of contaminated dust. Food and water contaminated with flame retardants is another source of exposure. Exposure from dermal contact with contaminated soil and dust may also occur. Human health and environmental impacts of flame retardant chemicals: Many flame retardant chemicals are persistent chemicals that bioaccumulate. Polybrominated diphenyl ethers (PBDEs), the most thoroughly studied of the flame retardant chemicals, have been found in birds, fish, shellfish, amphibians, marine mammals, sewage sludge, sediments, air samples, meats, dairy products, and even vegetables. In humans, PBDEs have been found to accumulate in blood, fat, and breast milk. Recent research has shown that PBDE exposure in humans may lead to endocrine disruption, reproductive difficulty, neurodevelopmental issues, reduced IQ, and elevated thyroid levels. Studies have found PBDEs in fetal cord blood, indicating that these chemicals can cross the placenta and expose fetuses during critical times of development. While PBDEs have been largely phased out of use, alternative flame retardant chemicals are pervasive and have raised similar and other toxicological concerns to those raised by PBDE formulations. Studies have linked exposure to many other flame retardant chemicals to endocrine disruption; fertility issues; and, carcinogenic, mutagenic, reprotoxic, obesogenic, and SB 763 Page 5 neurotoxicological effects. Flame retardants in juvenile products: Despite an exemption from California flammability standards (TB 117-2013), tests on juvenile products show that these products continue to contain flame retardant chemicals. For example, tests commissioned by the Center for Environmental Health and performed by Duke University in August 2014 on children's nap mats found that six of the 10 tested mats contained flame retardant chemicals. In another example, in 2014 the State of Washington Department of Ecology tested 10 changing pads and found that three contained flame retardant chemicals. Additional recent testing by Duke University found that of 17 nap mats purchased in April and May 2015, nearly a year and a half after the exemption from TB 117-2013 went into effect, three were identified as containing flame retardant chemicals. Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0001694