BILL ANALYSIS
SB 797
Page 1
SENATE THIRD READING
SB 797 (Pavley)
As Amended July 15, 2009
Majority vote
SENATE VOTE :21-16
ENVIRONMENTAL SAFETY 5-2 HEALTH
10-6
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|Ayes:|Chesbro, Davis, Feuer, |Ayes:|Jones, Ammiano, Block, |
| |Monning, Ruskin | |Carter, |
| | | |De Leon, Hayashi, Bonnie |
| | | |Lowenthal, Nava, V. |
| | | |Manuel Perez, Salas |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller, Smyth |Nays:|Fletcher, Adams, Conway, |
| | | |Emmerson, Gaines, Audra |
| | | |Strickland |
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SUMMARY : Prohibits, beginning in 2011, the sale, manufacture or
distribution of a bottle or cup or a liquid, food or beverage in
a can, jar or plastic bottle that contains bisphenol A (BPA) if
the item is primarily intended for children three years of age
or younger. Repeals this prohibition if the Department of Toxic
Substances Control (DTSC) adopts a regulatory response, pursuant
to current "Green Chemistry" law, regarding the use of bisphenol
A. Specifically, this bill :
1)Enacts the Toxin-Free Infants and Toddlers Act.
2)Prohibits, on or after January 1, 2011, the manufacture, sale
or distribution of any bottle or cup that contains bisphenol
A, at a level above 0.1 parts per billion (ppb), if the bottle
or cup is designed or intended to be filled with a liquid,
food, or beverage intended primarily for consumption by
children three years of age or younger.
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3)Prohibits, on or after January 1, 2011, the manufacture, sale
or distribution of a liquid, food, or beverage in a can, jar,
or plastic bottle containing bisphenol A, or lined with a
material containing bisphenol A, at a level above 0.1 ppb, if
the liquid, food or beverage is intended primarily for
consumption by children three years of age or younger, unless
the can or bottle contains liquid infant formula.
4)Prohibits, on or after July 1, 2011, the manufacture, sale or
distribution of liquid infant formula in a can or plastic
bottle containing bisphenol A or lined with a material
containing bisphenol A.
5)Exempts from the above prohibitions medical devices, as
defined, and food and beverage containers designed or intended
primarily to contain liquid, food or beverages for consumption
by the general population.
6)Provides that the prohibitions contained in this bill are
inoperative and then repealed if DTSC adopts, and then posts
on its Internet Web site, a regulatory response, as
established by the "Green Chemistry" provisions of AB 1879
(Feuer and Huffman), Chapter 559, Statutes of 2008, regarding
the use of bisphenol A.
7)Provides that this bill does not prohibit or restrict DTSC's
authority to adopt regulations to limit exposure to or reduce
the level of hazard posed by bisphenol A, as established by
the "Green Chemistry" provisions of SB 509 (Simitian), Chapter
560, Statutes of 2008.
8)Requires manufacturers to use the least toxic alternative when
replacing bisphenol A in containers.
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9)Prohibits manufacturers from replacing bisphenol A with
carcinogens or reproductive toxicants as identified by the
United States Environmental Protection Agency (US EPA) or as
listed in the Safe Drinking Water and Toxic Enforcement Act of
1986.
10)Makes legislative findings and declarations.
EXISTING LAW :
1)Prohibits the sale, manufacture or distribution in commerce of
toys, child care articles or products that can be placed in a
child's mouth that contain phthalates, as defined.
2)Under the Safe Drinking Water and Toxic Enforcement Act of
1986, requires the Office of Environmental Health Hazard
Assessment (OEHHA) to publish a list of chemicals known to
cause cancer or reproductive toxicity and prohibits the
knowing and intentional exposure of people to a chemical known
to the state to cause cancer or reproductive toxicity without
first giving clear and reasonable warning (Proposition 65).
3)Requires DTSC to adopt regulations, by January 1, 2011, to
identify and prioritize chemicals of concern, to evaluate
alternatives, and to specify regulatory responses to limit
exposure or to reduce the level of hazard posed by a chemical
of concern found in consumer products ("Green Chemistry").
FISCAL EFFECT : Unknown
COMMENTS :
Purpose . The author's office contends that, "SB 797 is a child
safety measure that seeks to protect infants and toddlers from a
harmful toxin that leaches into babies' milk and food?BPA has
been linked to a number of long-term health impacts such as
birth defects, reproductive harm, impaired learning,
hyperactivity and breast and prostate cancer? Because
children's bodies are growing and developing, they are
especially vulnerable to the effects of BPA. Regulation of BPA
in children's products is woefully inadequate and has not kept
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pace with the explosion of government funded peer reviewed
studies in the last few years indicating a problem with BPA in
food and beverage products."
The intent of SB 797 is not to usurp DTSC's authority under the
current "Green Chemistry" law. The intent is to instead
preserve DTSC's ability to take the full range of regulatory
responses on the chemical, on its alternatives and on children's
products, as authorized by current law.
What is bisphenol A ? According to the National Toxicology
Program (NTP) at the US Department of Health and Human Services,
bisphenol A, also known as BPA, is a chemical produced for use
primarily in the production of polycarbonate plastics and epoxy
resins. Polycarbonate plastics are used in food and drink
packaging, water and infant bottles, compact discs,
impact-resistant safety equipment, and medical devices. Epoxy
resins are used as lacquers to coat metal products such as food
cans, bottle tops, and water supply pipes. In 2004, the
estimated production of bisphenol A in the United States was
approximately 2.3 billion pounds.
Pathways of exposure . The NTP maintains that the primary source
of exposure to bisphenol A for most people is through diet.
While air, dust, and water are other possible sources of
exposure, bisphenol A in food and beverages accounts for the
majority of daily human exposure. Bisphenol A can migrate into
food from food and beverage containers with internal epoxy resin
coatings and from consumer products made of polycarbonate
plastic such as baby bottles, tableware, food containers, and
water bottles. Bisphenol A can also be found in breast milk and
dental sealants or composites. Workers may be exposed during
the manufacture of bisphenol A and bisphenol A-containing
products.
Biomonitoring studies show that human exposure to bisphenol A is
widespread. In 2004, the Centers for Disease Control and
Prevention (CDC) found detectable levels of bisphenol A in 93%
of 2517 urine samples from people six years and older (the study
did not include children younger than six). The NTP study shows
that the highest estimated daily intakes of bisphenol A in the
general population occur in infants and children.
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Health concerns related to bisphenol A exposure . The NTP-CERHR
Monograph on the Potential Human Reproductive and Developmental
Effects of Bisphenol A is the most thorough scientific
literature review completed by a governmental agency to date.
Released in September 2008, the monograph was prepared following
a formal review and evaluation process that included public
comment and peer review. Regarding bisphenol A exposure, the
NTP found some concern for effects on the brain, behavior, and
prostate gland in fetuses, infants, and children at current
human exposures; minimal concern for effects on the mammary
gland and an earlier age for puberty for females in fetuses,
infants, and children at current human exposures; negligible
concern that exposure of pregnant women to bisphenol A will
result in fetal or neonatal mortality, birth defects, or reduced
birth weight and growth in their offspring; negligible concern
that exposure to bisphenol A will cause reproductive effects in
non-occupationally exposed adults; and, minimal concern for
workers exposed to higher levels in occupational settings.
(Note that the possible levels of concern, from lowest to
highest, are negligible concern, minimal concern, some concern,
concern, and serious concern.)
Since a similar bill was heard in the Assembly last year, dozens
of additional studies chronicling potential adverse effects of
bisphenol A exposure have been published in scientific journals,
including studies with findings beyond potential reproductive
and developmental toxicity. For example, a study published in
the September 17, 2008 issue of the Journal of the American
Medical Association found that higher levels of urinary
bisphenol A in humans is associated with cardiovascular disease,
diabetes and liver-enzyme abnormalities.
Proposition 65 . OEHHA is the lead agency for the implementation
of Proposition 65. The Developmental and Reproductive Toxicant
Identification Committee (DARTIC) of OEHHA's Science Advisory
Board considered listing bisphenol A on July 15, 2009, and
concluded that the body of scientific findings to date had not
"clearly shown" bisphenol A to cause human male reproductive
toxicity, female reproductive toxicity or developmental
toxicity. According to the author, DARTIC solely focused on a
narrow set of criteria involving pre-natal development and did
not evaluate bisphenol A in terms of links to cancer and
neurological and behavioral disorders from exposure during the
first three years of life.
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California's Green Chemistry Initiative . In 2007, DTSC
commenced developing the California Green Chemistry Initiative,
and in 2008 it released six policy recommendations for
establishing a comprehensive Green Chemistry program in
California. AB 1879 and SB 509 enacted two of the six
recommendations. AB 1879 requires DTSC to adopt regulations by
January 1, 2011 to identify and prioritize chemicals of concern,
to evaluate alternatives, and to specify regulatory responses
where chemicals of concern are found in consumer products. SB
509 requires DTSC to establish an online, public Toxics
Information Clearinghouse that includes science-based
information on the toxicity and hazard traits of chemicals used
in daily life. The Green Chemistry program should yield a
comprehensive process to identify and manage chemicals of
concern and their alternatives. However, the program is in the
developmental stage and chemicals are not yet being considered.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0001998