BILL ANALYSIS
AB 2297
Page 1
Date of Hearing: May 5, 2004
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 2297 (Vargas) - As Amended: April 1, 2004
Policy Committee: HealthVote:11-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires the Department of Health Services to perform
specified tasks related to imported candy to ensure that the
candy is lead free. Specifically, this bill:
1)Requires funds deposited into the Childhood Lead Poisoning
Prevention Fund, upon appropriation by the Legislature, to be
available to DHS for the purposes of this bill.
FISCAL EFFECT
1)Special fund costs (Childhood Lead Poisoning Prevention Fund)
to DHS' Food and Drug Branch of approximately $700,000 for
staff, lab equipment, computers and safety equipment.
2)Special fund costs (Childhood Lead Poisoning Prevention Fund)
to DHS' Childhood Lead Poisoning Prevention Program of
approximately $500,000 for staff and an annual on-going cost
of 1.1 million for testing candy for lead, depending upon the
number of samples tested.
(The Governor's 2004-05 budget appropriates $25.3 million from
the Childhood Lead Poisoning Prevention Fund. In 2004-05, the
fund balance is $2.6 million, down from $7.6 million in 2003-04.
This bill increases pressure to either increase the existing
fees or to seek General Fund support.)
SUMMARY CONTINUED .
1)Requires DHS to do all of the following:
a) Establish a lead content standard of zero, or the lowest
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detection limit, for imported candy;
b) Establish a collaborative of local health officials,
candy manufacturers, community-based organizations, and
ministers from foreign governments;
c) Require the testing of imported candy to determine its
lead content, giving priority to testing samples of
imported candy received by community-based organizations;
d) Issue health advisories when candy has been found to
contain any detectable level of lead;
e) Order local health officers to remove from shelves of
retailers, any candy found to contain lead;
f) Order an embargo against a manufacturer of candy that is
found to contain lead, until the manufacturer demonstrates
that the lead contamination no longer exists;
g) Promote enforcement of this article by making the
elimination of lead in imported candy a major goal of its
Childhood Lead Poisoning Prevention Branch;
h) Through its Childhood Lead Poisoning Prevention Branch,
enter into contracts with county health officers and county
environmental health officers to collect samples of
imported candy for submission to the Food and Drug Branch
of DHS for testing;
i) Through its Food and Drug Branch, test the samples of
imported candy collected;
j) Through its Childhood Lead Poisoning Prevention Branch,
provide grants to between 5 and 10 environmental justice
organizations throughout the state to identify retail
establishments and imported candy for obtaining test
samples. Requires these organizations to conduct
inspections of retail establishments to determine the
presence of imported candy and to report its findings to
the county health officer for the collection and testing of
samples, and for enforcement actions if banned candy is
found. Requires the organizations to conduct a media
campaign as a central part of their public education and
outreach efforts.
aa) Through its Childhood Lead Poisoning Prevention Branch,
draft, periodically update, and distribute a community
flyer that identifies all imported candy found to contain
lead pursuant to this article, for use by the department
and by environmental justice organizations to inform the
public and to educate retailers;
bb) Adopt regulations necessary for the enforcement of this
article; and
cc) Evaluate the regulatory process, identify problems, and
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report to the Legislature, as necessary.
2)Requires DHS to establish an interagency collaborative on the
lead content of imported candy to be composed of specified
members
3)Requires DHS, in consultation with its partners in the
collaborative, to do all of the following:
a) Identify the reasons for, and problems associated with,
lead contamination of imported candy;
b) Identify obstacles to removal of lead from imported
candy, and develop strategies for overcoming the obstacles;
c) Develop recommended feasible manufacturing process
shifts designed to result in lead-free candy.
COMMENTS
1)Purpose . This bill is sponsored by the Environmental Health
Coalition. Currently, DHS bases lead consumption guidelines
on the Food and Drug Administration's (FDA) recommended
guidelines, which state that children under 6 years of age
should consume on average no more than 6.0 micrograms of lead
each day from all food sources. In June of 2002, DHS
conducted a sample testing of candy imported from Mexico and
sold in California, which revealed some of the candy contained
higher levels of lead than the FDA recommended guidelines
deemed safe for a child to consume in one day. In August of
2002, a report issued by the U.S. Centers for Disease Control
and Prevention identified a popular Mexican candy bar called
Chaca Chaca as a possible source of high lead levels in 150
children in cases reported to California health officials
between May 2001 and January 2002. In March of 2004, DHS
issued an alert warning the public of lead levels in Chaca
Chaca.
2)Background . Lead poisoning is an acute or chronic
intoxication by lead. Repeated exposure to or consumption of
lead can cause symptoms from stomach pain and constipation to
convulsions and coma. Lead poisoning can lead to the damage
of the nervous system, kidney failure and has been proven to
cause learning disabilities and behavioral disorders. The
Childhood Lead Poisoning Prevention Program within DHS is
required to compile information, identify target areas, and
analyze information to design and implement a program of
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medical follow-up and environmental abatement to reduce
childhood lead exposure. Lead poisoning from food is not
currently under the jurisdiction of the program. DHS has the
authority under the Sherman Food, Drug, and Cosmetic Law to
test candy under their Food and Drug branch. DHS does test
food, including candy, when complaints are received from
consumers and other state departments.
3)Opposition . This bill is opposed by the Grocery Manufacturers
of America and the National Confectioners Association, which
contends that the FDA is already addressing the issue of lead
in imported. Additionally, the Paint Council of California
states they have no position on the proposal for DHS to
regulate the lead content in candy but they argue that the
Childhood Lead Poisoning Prevention Program is funded by fees
imposed mainly on paint manufacturers and the petroleum
industry, which should not be required to pay for the program
described in this bill.
Analysis Prepared by : Scott Bain / APPR. / (916) 319-2081