BILL ANALYSIS
SB 929
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Date of Hearing: August 12, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 929 (Pavley) - As Amended: August 2, 2010
Policy Committee: Environmental
Safety Vote: 6-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
As proposed to be amended by the author, this bill bans the sale
of children's jewelry that contains certain levels of cadmium.
Specifically, this bill:
1)Prohibits, effective January 1, 2012, the sale of children's
jewelry that contains any component, or is made of any
material, that is more than 0.03 % cadmium (300 parts per
million) by weight.
2)Specifies that the prohibition described in this bill does not
apply to any toy regulated for cadmium exposure by the federal
Consumer Product Safety Improvement Act of 2008.
3)States that the Department of Toxic Substances Control (DTSC)
may establish a standard for children's jewelry or for a
component of children's jewelry that is more protective of
public health, of sensitive subpopulations, or of the
environment than the standard described above.
4)States that DTSC may consider children's jewelry containing
cadmium as a product category subject to DTSC's implementation
of the Green Chemistry Program.
FISCAL EFFECT
Minor, absorbable costs to DTSC, which already investigates the
sale of and analyzes the content of children's jewelry for lead.
The department should be able to incorporate into its existing
children's jewelry activities the cadmium-related workload
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required by this bill.
COMMENTS
1)Rationale . The author notes that cadmium is a known
carcinogen, the use of which in toys is restricted by federal
law. The author observes that, despite existing federal
authority, there is little or no enforcement of the
restriction on the use of cadmium in children's jewelry. AB
1681 (Pavley, Chapter 415, Statutes of 2006) has helped reduce
the amount of lead in children's jewelry; however, the author
expresses concern over reports that children's jewelry
manufacturers are replacing the dangerous lead in their
jewelry with cadmium. The author intends this bill reduce or
eliminate use of cadmium in children's jewelry.
2)Background .
a) Cadmium is a soft, blue-white malleable, lustrous metal
or a grayish-white powder that is insoluble in water and
reacts readily with dilute nitric acid. A primary use for
cadmium metal is as an anticorrosive, electroplated onto
steel. Cadmium may serve as an electrode component in
alkaline batteries and may be used in alloys, silver
solders, and welding. According to the Department of
Health and Human Services, there are numerous health
concerns associated with cadmium exposure-lung damage,
stomach irritaiton, bone weakness, and possibly kidney
disease.
b) A Variety of Laws Address Harmful Substances in Consumer
Products . A number of federal laws address the presence of
potentially harmful substances in consumer products. More
specifically, in regards to products typically used by
children, federal law bans any toy or children's product
that contains a hazardous substance if a child can gain
access to the substance. Federal law further limits the
cadmium content in products intended for use by children.
Despite these federal laws, cadmium has recently been found
in a number of children's products. As described in the
policy analysis, well-publicized recent cases of cadmium
contamination of children's products include the McDonald's
recall of 12 million drinking glasses, the recall of 19,000
charm bracelets, and an Associated Press investigation that
found 12% of consumer products in various states contained
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at least 10% cadmium and some pieces contained more than
80% cadmium.
State law also addresses the use of dangerous materials in
consumer products. Proposition 65 lists chemicals,
including cadmium, that are known to the state to cause
cancer or reproductive toxicity. State law prohibits the
manufacture or sale of jewelry, children's jewelry, or
jewelry used in body piercing that is not made entirely
from certain materials and sets standards for lead in
jewelry, which DTSC enforces. Currently, state law does
not explicitly restrict the use of cadmium in children's
jewelry.
3)The author's proposed amendments to this bill:
a) Specify an effective date of January 1, 2012. (The bill
had been silent as to an effective date.)
b) Increase, from 75 parts per million (ppm) total weight
to 300 ppm, the amount of cadmium allowed in children's
jewelry.
c) Explicitly states that DTSC may establish a standard for
children's jewelry or for a component of children's jewelry
that is more protective of public health, sensitive groups,
or the environment than the standard established by this
bill.
4)Related Legislation .
a) SB 1365 (Corbett) authorizes DTSC to enforce existing
toy safety laws. The bill is pending before this
committee.
b) AB 1681 (Pavley, Chapter 415, Statutes of 2006) bans
lead in jewelry for children and adults.
c) AB 2901 (Brownley, Chapter 575, Statutes of 2008)
clarifies DTSC's enforcement authority and its authority to
enter locations and obtain samples of jewelry and
packaging.
5)Support . This bill is supported by public health groups,
environmentalists and consumer rights organizations, who
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contend it will better protect children by helping to limit or
eliminate the use of cadmium in children's jewelry.
6)Opposition . This bill is opposed by the Fashion Jewelry and
Accessories Trade Association, who contends children are
better protected by limiting children's exposure to cadmium,
rather than limiting the amount of cadmium that may be present
in such jewelry.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081