BILL ANALYSIS
SB 797
Page 1
SENATE THIRD READING
SB 797 (Pavley)
As Amended June 24, 2010
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 2012, 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 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, 2012, 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, 2012, 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 infant formula.
4)Prohibits, on or after July 1, 2012, the manufacture, sale or
distribution of 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inoperative and then repealed if DTSC adopts, and then posts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 law.
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 law.
8)Requires manufacturers to use the least toxic alternative when
replacing bisphenol A in containers.
9)Prohibits manufacturers from replacing bisphenol A with
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carcinogens or reproductive toxicants.
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
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."
What is bisphenol A ? Bisphenol A, also known as BPA, is a
chemical used primarily in the production of polycarbonate
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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.
Pathways of exposure: The National Toxicology Program (NTP)
maintains that the primary source of exposure to bisphenol A is
through diet. 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.
Biomonitoring studies show that human exposure to bisphenol A is
widespread. In 2004, the Centers for Disease Control and
Prevention 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.
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.)
California action on BPA : On July 15, 2009, the Proposition 65
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Developmental and Reproductive Toxicant Identification Committee
(DART-IC ) voted not to list BPA as a reproductive toxicant.
However, OEHHA is considering listing BPA under the
authoritative bodies' mechanism, as it has made a determination
that BPA appears to meet the criteria for listing as known to
the State to cause reproductive toxicity under Proposition 65,
based on the findings of the National Toxicology Program's
report. OEHHA is currently reviewing data to determine whether
to issue a formal Notice of Intent to List (NOIL) for BPA.
California's Green Chemistry Initiative: As part of the
California Green Chemistry Initiative, AB 1879 (Feuer and
Huffman) Chapter 559, Statutes of 2008, 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. The Green Chemistry program should yield a
comprehensive process to identify and regulate chemicals of
concern and their alternatives. However, the regulations are
not yet finalized and chemicals are not yet being considered.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0005023