BILL ANALYSIS
SB 1365
Page 1
SENATE THIRD READING
SB 1365 (Corbett)
As Amended June 23, 2010
Majority vote
SENATE VOTE :23-10
ENVIRONMENTAL SAFETY 6-2APPROPRIATIONS 12-5
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|Ayes:|Nava, Chesbro, Davis, |Ayes:|Fuentes, Bradford, |
| |Feuer, Monning, Ruskin | |Huffman, Coto, Davis, De |
| | | |Leon, Gatto, Hall, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Blakeslee, Smyth |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Authorizes the Department of Toxic Substances Control
(DTSC) to enforce existing toy safety laws. Specifically, this
bill :
1)Updates the reference to federal law.
2)Limits penalties for violations of toy safety laws by
specifying that if a penalty is imposed by the State
Department of Public Health (DPH), a local health officer, or
DTSC, then a penalty may not be imposed by either of the other
two enforcement entities for the same incidence of violation.
EXISTING LAW :
1)Prohibits the manufacture, sale or exchange of any toy that is
contaminated with any toxic substance. Requires the DPH and
local health officers to enforce this prohibition and
stipulates that a violation is a misdemeanor.
2)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 specified
materials. Authorizes DTSC to enforce these provisions.
SB 1365
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3)Requires DTSC to identify and prioritize chemicals of concern
and to adopt regulations to evaluate chemicals of concern in
consumer products in order to determine how best to limit
exposure or to reduce the level of hazard posed by a chemical
of concern. Authorizes DTSC to take regulatory actions to
limit exposure or to reduce the level of hazard posed by a
chemical of concern.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, annual costs to DTSC possibly in excess of $150,000,
equivalent to one full-time position, for increased
investigation, testing and enforcement. (Toxic Substances
Control Account)
COMMENTS : Need for the bill. According to the author, "The
Public Interest Research Group's 2009 report, "Trouble in
Toyland," continued to find toys with high levels of lead and
the endocrine disruptor phthalates. In addition, there has been
a growing presence of the toxic chemical cadmium in children's
products. Our toy safety laws are not being enforced to the
level where consumers feel safe? DTSC currently has sworn peace
officers who enforce our lead in jewelry laws and work to
protect us from hazardous waste. DTSC has worked to pull
jewelry with lead off stores' shelves all over the state
protecting consumers from lead's dangerous effects. In
addition, DTSC has events where consumers can test their toys to
make sure they are safe."
DPH's current toy safety program: The DPH's Food and Drug
Branch (FDB) is the primary enforcement agency of toy safety
laws. The FDB also enforces other consumer product sections of
the Health and Safety Code, such as California's Hazardous
Substances Act, the Infant Crib Act and the Bunk Bed Safety Act.
The DPH Food and Drug Laboratory Branch (FDLB) are utilized to
provide laboratory support for FDB's consumer product
investigations.
DPH has performed 15 undercover investigations, six epidemiology
investigations and additional investigations into consumer
product hazards, although seemingly only a few are
investigations into toy safety.
DTSC's current regulatory authority over consumer products: In
SB 1365
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2003, the Legislature enacted the "Toxics in Packaging
Prevention Act" [AB 455 (Chu), Chapter 679, Statutes of 2003],
which prohibits the sale of a package or packaging component
that includes a regulated metal. In 2006, the Legislature
enacted the "Lead-Containing Jewelry Law" [AB 1681 (Pavley),
Chapter 415, Statutes of 2006], which sets restrictions for lead
in jewelry. To enhance DTSC's enforcement authority over both
jewelry and packaging products, the Legislature, in 2008,
enacted AB 2901 (Brownley), Chapter 575, Statutes of 2008.
As part of the Green Chemistry Initiative, the Governor signed
AB 1879 (Feuer and Huffman) Chapter 559, Statutes of 2008, into
law. AB 1879 requires DTSC to adopt regulations by January 1,
2011, to identify and prioritize chemicals of concern and to
specify regulatory responses where chemicals of concern are
found in consumer products. AB 1879 gives DTSC broad regulatory
author over toxics in consumer products; however, because the
law contains a provision that prohibits DTSC from superseding
the regulatory authority of any other department or agency and
from duplicating or adopting conflicting regulations for product
categories already regulated, clarity could better enable DTSC
to regulate toys that contain chemicals of concern. This bill
provides some clarity.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0005974