BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 763


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          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    |                    |








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          |                |     |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.









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          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 ?   








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          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  








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          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