BILL ANALYSIS
AB 2297
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ASSEMBLY THIRD READING
AB 2297 (Vargas)
As Amended May 20, 2004
Majority vote
HEALTH 11-3 APPROPRIATIONS 16-3
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|Ayes:|Cohn, Chan, Dymally, |Ayes:|Chu, Berg, Calderon, |
| |Frommer, Koretz, Lieber, | |Corbett, Correa, |
| |Montanez, Nakano, | |Firebaugh, Goldberg, |
| |Ridley-Thomas, Salinas, | |Leno, Nation, Negrete |
| |Wolk | |McLeod, Oropeza, Pavley, |
| | | |Ridley-Thomas, Wesson, |
| | | |Wiggins, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Dutton, Nakanishi, |Nays:|Runner, Haynes, Keene |
| |Plescia | | |
| | | | |
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SUMMARY : Expands the Childhood Lead Poisoning Prevention Act of
1991 (Act) to require the Department of Health Services (DHS) to
regulate the lead content of imported candy. Specifically, this
bill :
1)Requires the testing of imported candy to determine its lead
content. Establishes a lead content standard of zero, or
lowest detection limit for imported candy.
2)Requires DHS to have jurisdiction over the regulation of
ensuring imported candy is lead free and gives priority for
testing imported candy received by community-based
organizations.
3)Authorizes DHS to make available funds deposited into the
Childhood Lead Poisoning Prevention Fund for purposes
described in this bill.
4)Authorizes DHS to enter into contracts with county health
officers and county environmental officers to collect samples
of candy for testing.
5)Requires DHS to establish an interagency collaborative and
defines the composition of the collaborative.
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6)States that "candy," for the purposes of this bill, includes
only candy imported from a foreign country and its packaging
or wrapper.
7)Authorizes DHS to issue health related advisories, order the
removal of, and to embargo candy found to contain lead.
EXISTING LAW :
1)Prohibits, under the Sherman Food, Drug, and Cosmetic Law, the
sale of adulterated food, as defined.
2)Requires DHS to establish a childhood lead poisoning
prevention program to identify and conduct medical follow-up
of high-risk children and to establish procedures for
environmental abatement.
3)Requires DHS to assess a fee for these purposes against
persons who contributed to sources of lead contamination.
FISCAL EFFECT : According to Assembly Appropriations Committee,
special fund costs of approximately $862,000 in 2004-05 and
on-going annual cost of approximately $1.3 million. (Childhood
Lead Poisoning Prevention Fund.)
COMMENTS : According to the author, the state's standard for an
allowable lead level is based on a recommendation from the
Federal Food and Drug Administration (FDA). The FDA recommended
guidelines state that children under six years of age should
consume no more than 6.0 micrograms of lead each day from all
food sources. Lead poisoning from food is not currently under
the jurisdiction of the Childhood Lead Poisoning Prevention
Program.
The author states that in June of 2002, DHS conducted a sample
testing of candy imported from Mexico and sold in California.
These tests revealed some of the candy contained higher levels
of lead than FDA recommended guidelines had deemed safe for a
child to consume in one day. In August of 2002, a report issued
by the United States 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
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public of lead levels in Chaca Chaca. This candy was found to
contain three to four times the lead level recommended in the
FDA guidelines.
Lead poisoning is defined as an acute or chronic intoxication by
lead. Repeated exposure 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 and kidney failure. It has also been proven to cause
learning disabilities and behavioral disorders.
AB 256 (Vargas) was introduced in 2003, but the provisions
dealing with lead levels in imported candy were amended out of
the bill.
Currently, DHS is neutral on this bill. DHS has the authority
under the Sherman Food, Drug, and Cosmetic Law to test candies
under their Food and Drug branch. DHS does test food, including
candy, when complaints are received from consumers and other
state departments.
Supporters assert that this bill takes important steps to
protect the public from candy with unsafe levels of lead and
that ingesting lead is especially harmful to pregnant women and
children.
The opposition contends that FDA is already addressing the issue
of lead in imported candy and that FDA has already sent out an
advisory informing manufacturers, importers, and distributors of
imported candy that FDA intends to take actions to reduce
further the potential exposure of children to lead from candy
products.
The Paint Council of California states they have no position on
the proposal for DHS to regulate the lead content in candy.
They state that the Childhood Lead Poisoning Prevention Program
is funded by fees imposed mainly on paint manufacturers and the
petroleum industry, who should not be required to pay for the
program described in this bill.
Analysis Prepared by : Patty Rodgers / HEALTH / (916) 319-2097
FN: 0005688
AB 2297
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