BILL NUMBER: SB 443 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Pavley
FEBRUARY 26, 2009
An act to amend Sections 25251 and 25252.5 of the Health
and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 443, as amended, Pavley. Public health: hazardous
materials. Supermarkets: cleaning products: risk
assessment.
Existing law regulates environmental health issues, including
food, drugs, occupational safety, and consumer products.
This bill would require the Office of Environmental Health Hazard
Assessment (OEHHA) to conduct screening-level risk assessments, as
defined, that evaluate the potential harm to the public, supermarket
employees, custodial staff, and the environment from cleaning
products that are used to clean supermarkets. This bill would
require, when an assessment is being performed, a supermarket and a
manufacturer of a cleaning product to provide specified information
regarding cleaning products to the OEHHA upon request. The bill would
require the OEHHA to compile a report, by December 31, 2011, of the
results of the assessments.
Existing law establishes the Department of Toxic Substances
Control, in the California Environmental Protection Agency, with
powers and duties regarding, among other things, hazardous waste
disposal, underground storage of hazardous substances and waste, and
the handling and release of hazardous materials.
Existing law requires the department by January 1, 2011, to adopt
regulations to establish a process by which chemicals or chemical
ingredients in consumer products, as defined, may be identified and
prioritized for consideration as being chemicals of concern. Existing
law also specifies a procedure for the adoption of those
regulations, including requiring that the department, in adopting
those regulations, prepare a multimedia life cycle evaluation that
addresses the impacts associated with, among other things, worker
safety and impacts to public health. It also requires the department
to adopt, by January 1, 2011, regulations to establish a process by
which chemicals of concern in consumer products, and their potential
alternatives, are evaluated to determine how best to limit exposure
or to reduce the level of hazard posed by a chemical of concern.
This bill would specify that consumer products for these purposes
include cleaning products used in food facilities and that worker
safety for these purposes includes food facility worker safety.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of
the following:
(a) The potential health and safety hazards related to the use of
corrosive and hazardous chemicals currently used for purposes of
cleaning a supermarket, where both packaged and open food products
and fresh produce are stored and displayed, is an urgent concern that
needs to be evaluated and understood as soon as possible so that the
state may take action to prevent public hazards in a timely manner.
(b) Some of the chemicals commonly used in supermarket cleaning
products are known to cause serious human health problems. For
example, 2-Butoxyethanol, a carcinogen that causes reproductive
damage and liver and kidney damage, and can break down red blood
cells, is an active ingredient in some supermarket cleaning products.
(c) The California Environmental Protection Agency's Office of
Environmental Health Hazard Assessment (OEHHA), conducts health
screening assessments of chemicals that could be of concern, and is
already conducting studies to evaluate chemical emissions in some
products used by the state at the request of the Department of
General Services.
(d) Given OEHHA's overall mission to protect and enhance public
health and the environment by scientific evaluation of risks posed by
hazardous substances, these evaluations are within OEHHA's mandates.
(e) The Legislature has declared in Section 113705 of the Health
and Safety Code, "[t]hat the public health interest requires that
there be uniform statewide health and sanitation standards for retail
food facilities to assure the people of this state that the food
will be pure, safe, and unadulterated."
SEC. 2. (a) For purposes of this section, the following
definitions shall apply:
(1) "Office" means the Office of Environmental Health Hazard
Assessment.
(2) "Screening-level risk assessment" or "assessment" means an in
depth analysis of a substance to determine whether the substance is
toxic or capable of becoming toxic. An assessment shall include an
evaluation of any known environmental concentrations of a substance,
as well as predictions of environmental concentrations of the
substance from releases resulting from its production, processing,
uses, and disposal, and its environmental fate evaluated on the basis
of intrinsic physical and chemical properties, environmental
mobility, and persistence.
(3) "Supermarket" has the same meaning as defined in Section
14526.5 of the Public Resources Code.
(b) During the 2010 calendar year, the office shall conduct
screening-level risk assessments that will evaluate the potential
harm to the public, supermarket employees, custodial workers, and the
environment that may be in contact with a chemical or chemical
product used for purposes of cleaning a supermarket. In particular,
the assessments shall evaluate the effects of the chemicals or
chemical products on food safety for consumers and air toxicity
levels.
(c) For purposes of assisting the office to conduct the assessment
required by subdivision (b), and upon the request of the office:
(1) A supermarket shall provide the office with a list of cleaning
products used at the supermarket.
(2) A manufacturer of a cleaning product shall provide the office
with information regarding the formulation of the cleaning product
and any other information required to conduct the assessment. The
office shall treat all information provided by a manufacturer as
confidential and the information shall be exempt from disclosure
under the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1) of the Government Code.
(d) The results of each assessment required by subdivision (b),
shall be published in a report that the office shall make publicly
available and provide to a supermarket whose cleaning products have
been evaluated. The office shall complete a draft of the report on or
before July 1, 2011, and submit the draft report to the
Environmental Policy Council for review and comment. The office shall
also make the draft report available on its Internet Web site for
purposes of public comment. The office shall issue the final report
on or before December 31, 2011. The report shall do both of the
following:
(1) Include recommendations regarding methods to mitigate any
potential hazards posed by chemicals and chemical products, and
possible alternative products for use by a supermarket that will
maintain public health standards for sanitation and also protect
consumers, supermarket employees, custodial workers, and the
environment for any toxic or hazardous exposures.
(2) Identify data gaps on ingredients and formulations of
supermarket cleaning products.
SECTION 1. The first Section 25251 of the
Health and Safety Code, as added by Section 1 of Chapter 560 of the
Statutes of 2008, is amended to read:
25251. For purposes of this article, the following definitions
shall apply:
(a) "Clearinghouse" means the Toxics Information Clearinghouse
established pursuant to Section 25256.
(b) "Council" means the California Environmental Policy Council
established pursuant to subdivision (b) of Section 71017 of the
Public Resources Code.
(c) "Office" means Office of Environmental Health Hazard
Assessment.
(d) "Panel" means the Green Ribbon Science Panel established
pursuant to Section 25254.
(e) "Consumer product" means a product or part of the product that
is used, brought, or leased for use by a person for any purposes,
including cleaning products used in food facilities. "Consumer
product" does not include any of the following:
(1) A dangerous drug or dangerous device as defined in Section
4022 of the Business of Professions Code.
(2) Dental restorative materials as defined in subdivision (b) of
Section 1648.20 of the Business and Professions Code.
(3) A device as defined in Section 4023 of the Business of
Professions Code.
(4) A food as defined in subdivision (a) of Section 109935.
(5) The packaging associated with any of the items specified in
paragraph (1), (2), or (3).
(6) A pesticide as defined in Section 12753 of the Food and
Agricultural Code or the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. Sec. 136 and following).
(7) Mercury-containing lights defined as mercury-containing lamps,
bulbs, tubes, or other electric devices that provide functional
illumination.
(f) This section shall remain in effect only until December 31,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2011, deletes or extends
that date.
SEC. 2. The second Section 25251 of the Health
and Safety Code, as added by Section 1 of Chapter 560 of the Statutes
of 2008, is amended to read:
25251. For purposes of this article, the following definitions
shall apply:
(a) "Clearinghouse" means the Toxics Information Clearinghouse
established pursuant to Section 25256.
(b) "Council" means the California Environmental Policy Council
established pursuant to subdivision (b) of Section 71017 of the
Public Resources Code.
(c) "Office" means Office of Environmental Health Hazard
Assessment.
(d) "Panel" means the Green Ribbon Science Panel established
pursuant to Section 25254.
(e) "Consumer product" means a product or part of the product that
is used, brought, or leased for use by a person for any purposes,
including cleaning products used in food facilities. "Consumer
product" does not include any of the following:
(1) A dangerous drug or dangerous device as defined in Section
4022 of the Business of Professions Code.
(2) Dental restorative materials as defined in subdivision (b) of
Section 1648.20 of the Business and Professions Code.
(3) A device as defined in Section 4023 of the Business of
Professions Code.
(4) A food as defined in subdivision (a) of Section 109935.
(5) The packaging associated with any of the items specified in
paragraph (1), (2), or (3).
(6) A pesticide as defined in Section 12753 of the Food and
Agricultural Code or the Federal Insecticide, Fungicide and
Rodenticide (7 United States Code Sections 136 and following).
(f) This section shall become effective on January 1, 2012.
SEC. 3. Section 25252.5 of the Health and
Safety Code is amended to read:
25252.5. (a) Except as provided in subdivision (f), the
department, in adopting the regulations pursuant to Sections 25252
and 25253, shall prepare a multimedia life cycle evaluation conducted
by affected agencies and coordinated by the department, and shall
submit the regulations and the multimedia life cycle evaluation to
the council for review.
(b) The multimedia evaluation shall be based on the best available
scientific data, written comments submitted by interested persons,
and information collected by the department in preparation for
adopting the regulations, and shall address, but is not limited to,
the impacts associated with all the following:
(1) Emissions of air pollutants, including ozone forming
compounds, particulate matter, toxic air contaminants, and greenhouse
gases.
(2) Contamination of surface water, groundwater, and soil.
(3) Disposal or use of the byproducts and waste materials.
(4) Worker safety, including food facility worker safety, and
impacts to public health.
(5) Other anticipated impacts to the environment.
(c) The council shall complete its review of the multimedia
evaluation within 90 calendar days following notice from the
department that it intends to adopt regulations. If the council
determines that the proposed regulations will cause a significant
adverse impact on the public health or the environment, or that
alternatives exist that would be less adverse, the council shall
recommend alternative measures that the department or other state
agencies may take to reduce the adverse impact on public health or
the environment. The council shall make all information relating to
its review available to the public.
(d) Within 60 days of receiving notification from the council of a
determination of significant adverse impact, the department shall
adopt revisions to the proposed regulation to avoid or reduce the
adverse impact, or the affected agencies shall take appropriate
action that will, to the extent feasible, mitigate the adverse impact
so that, on balance, there is no significant adverse impact on
public health or the environment.
(e) In coordinating a multimedia evaluation pursuant to
subdivision (a), the department shall consult with other boards and
departments within the California Environmental Protection Agency,
the State Department of Public Health, the State and Consumer
Services Agency, the Department of Homeland Security, the Department
of Industrial Relations, and other state agencies with responsibility
for, or expertise regarding, impacts that could result from the
production, use, or disposal of consumer products and the ingredients
they may contain.
(f) Notwithstanding subdivision (a), the department may adopt
regulations pursuant to Sections 25252 and 25253 without subjecting
the proposed regulation to a multimedia evaluation if the council,
following an initial evaluation of the proposed regulation,
conclusively determines that the regulation will not have any
significant adverse impact on public health or the environment.
(g) For the purposes of this section, "multimedia life cycle
evaluation" means the identification and evaluation of a significant
adverse impact on public health or the environment, including air,
water, or soil, that may result from the production, use, or disposal
of a consumer product or consumer product ingredient.