BILL ANALYSIS
SB 1365
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1365
AUTHOR: Corbett
AMENDED: Introduced
FISCAL: Yes HEARING
DATE:April 5, 2010
URGENCY: No CONSULTANT:
Rachel Machi Wagoner
SUBJECT : PUBLIC SAFETY: CONSUMER PRODUCTS
SUMMARY :
Existing federal law :
1) Requires the Consumer Product Safety Commission to regulate
the safety of consumer products including toys.
2) Under the Consumer Product Safety Improvement Act of 2008,
enhances safety standards for consumer products, including
new specified levels for lead and phthalate content in
consumer products intended for use by children and
increases enforcement and penalty provisions under the
authority of the Consumer Product Safety Commission.
Existing California law :
1) Under Proposition 65 (the Safe Drinking Water and Toxic
Enforcement Act of 1986), lists toxins that are known to
the state to cause cancer and reproductive damage.
2) Prohibits the manufacture, sale or exchange of any toy that
is contaminated with any toxic substance. The Department
of Public Health and local health officers are responsible
for enforcement of these provisions and a violation is a
misdemeanor.
3) Prohibits the manufacture, shipping, sale, or offering for
sale of jewelry, children's jewelry, or jewelry used in
body piercing that is not made entirely from certain
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specified materials. The Department of Toxic Substances
Control (DTSC) is responsible for enforcement of these
provisions.
This bill allows DTSC to enforce the prohibition of the
manufacture, sale or exchange of any toy that is contaminated
with any toxic substance (#2 above) if existing resources
exist to support enforcement activities.
COMMENTS :
1) Purpose of Bill . According to the author, Valentine's Day
bears with excessive levels of lead were found in stores
earlier this year. The public Interest Research Groups
2009 report "Trouble in Toyland" notes continued findings
of toys with high levels of lead and phthalates. In
addition, there has been a growing presence of the toxin
cadmium in children's products.
The author states that our toy safety laws are not being
enforced to the level where consumers feel safe. Lead and
other heavy metals can hinder brain development in young
children and can damage the nervous system and other
organs. Shoppers have no way of telling whether the
products on store shelves comply with the law. The author
believes that by authorizing DTSC to enforce the toy safety
laws in addition to the lead in jewelry law, the state can
more efficiently and effectively enforce both provisions.
2) DTSC enforcement . DTSC currently has enforcement authority
to test and take enforcement action against lead tainted
jewelry. By adding this additional authority, SB 1365,
simply allows DTSC to test toys as well, resulting in more
efficient enforcement of both laws.
SOURCE : Senator Corbett
SUPPORT : CALPIRG
Clean Water Action
Environment California
Environmental Working Group
Sierra Club
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OPPOSITION : None on file