BILL ANALYSIS �
AB 1319
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 1319 (Butler) - As Introduced: February 18, 2011
SUBJECT : Bisphenol A.
SUMMARY : Prohibits 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.
Specifically, this bill :
1)Enacts the Toxin-Free Infants and Toddlers Act.
2)Prohibits the sale, manufacture 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 for, or
intended to be filled with a liquid, food, or beverage
intended primarily for consumption by, children three years of
age or younger. This prohibition is effective January 1,
2013.
3)Prohibits 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 children three years of age
or younger. This prohibition is effective January 1, 2013.
4) Prohibits the manufacture, sale, or distribution of infant
formula in a can, jar, or plastic bottle containing bisphenol
A, or lined with a material containing bisphenol A. This
prohibition is effective July 1, 2013.
5)Exempts from the above prohibitions food and beverage
containers designed or intended primarily to contain liquid,
food, or beverages for consumption by the general population.
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6)Requires manufacturers to use the least toxic alternative when
replacing bisphenol A in containers.
7)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 (Proposition 65).
8)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)Prohibits the manufacture, sale and distribution of toys that
are contaminated with any toxic substance.
3)Requires the Department of Toxic Substances Control (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.
4)Under the Toxic Substances Control Act of 1976 (TSCA),
authorizes US EPA to track industrial chemicals produced or
imported into the United States.
5)Add lead and cadmium in children's jewelry prohibitions.
FISCAL EFFECT : Not known.
COMMENTS :
Need for the bill: According to the author's office, "AB 1319
is a child safety measure that seeks to protect infants and
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toddlers from a harmful toxin that leaches into babies' milk and
food. While most consumers believe that everyday products are
tested for dangerous chemicals and determined to be safe by
government authorities, the reality is many children's products
contain toxic chemicals, such as bisphenol A, that have been
shown to cause harm to children's health and the environment.
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 bisphenol A. 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".
Bisphenol A is an organic compound that has been used for
several polymers and polymer additives, such as polycarbonate
plastics and epoxy resins. Polycarbonate plastics are used as
linings in most food and beverage cans and also in dental
sealants. Such plastics are also used in the manufacture of
children's products such as toys, pacifiers, baby bottles and
teethers. Hard, clear plastics, such as some reusable water
bottles, are created using bisphenol A. Bisphenol A is also
used as an antioxidant in plasticizers and as a polymerization
inhibitor in polyvinyl chloride. Nearly 3 billion pounds of
bisphenol A are produced annually in the United States alone.
Effects of bisphenol A: The leaching of bisphenol A from
consumer products has led to widespread human exposure.
Bisphenol A has been shown to leach from the plastic lining of
canned foods and polycarbonate plastics that are cleaned with
harsh detergents, or from containers that are used to store
acidic or high-temperature liquids. The chemical bonds linking
bisphenol A molecules in polycarbonate plastics break down when
exposed to the high heat, or acidic or basic conditions.
Bio-monitoring studies conducted by the Centers for Disease
Control and Prevention found that bisphenol A concentrations in
Americans range from 0.4 ppb (10th percentile) to 8 ppb (95th
percentile), with the chemical being detected in 93% of the
sampled population in urine. Children had the highest
concentrations of bisphenol A, followed by teens and adults.
According to the State Department of Toxics Substance Control,
bisphenol A acts as a synthetic estrogen. In laboratory
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experiments, it has been shown to bind to the estrogen receptor
and cause proliferation of human breast cancer and prostate
cells. Experiments with laboratory animals have shown that
bisphenol A can lead to reproductive, developmental and
behavioral abnormalities. There is controversy as to whether
the levels of bisphenol A that humans are exposed to through
consumer products are harmful to health.
One group of experts concludes that the findings related to
reproductive, developmental and behavioral abnormalities. are
not relevant to humans because (1) the adverse effects (observed
in laboratory experiments) occurred only at high doses and are,
therefore, not applicable to human populations who are exposed
to much lower levels in the everyday environment; (2) the routes
of exposure were not always the same between the laboratory
animals (e.g., injection) experiencing the above-mentioned
effects and general human populations (oral); and (3) to date,
no reproductive, developmental or neurological adverse effects
have been observed in humans exposed to bisphenol A.
Another group of experts counters that exposure of rodent
offspring to low doses of bisphenol A in the womb (lower than
the 50 ug/kg/day level considered to be safe by the U.S.
Environmental Protection Agency (U.S. EPA) leads to abnormal
weight gain, insulin resistance, and prostate and breast cancer.
The U.S. EPA derived a safe value of 50 ug/kg/day in 1993, and
many researchers are calling for an update in this value after
consideration of more recent research data. A National
Institutes of Health-sponsored panel in the United States
determined that there was "some concern" about bisphenol A's
effect on fetal and infant brains and behavior, and that further
studies in this area are needed.
State legislative actions on bisphenol A : According the
National Conference of State Legislatures, several state
legislatures have taken up legislation to set bisphenol A
limits. In 2010, 59 measures were proposed in 18 states that
address bisphenol A. Seven states have enacted restrictions
since 2009. In addition, a number of other jurisdictions have
acted. Below is a summary of these bisphenol A laws.
Connecticut House Bill 6572 (2009 ): Enacted in June 2009,
Connecticut House Bill 6572 bans the sale of reusable food or
beverage containers-including baby bottles, spill-proof cups,
sports bottles and thermoses-that contain bisphenol a. The bill
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also bans the sale of baby food or infant formula sold in
containers that contain bisphenol A.
Maryland House Bill 33 (2010) and Senate Bill 213 (2010):
Enacted in April 2010, these bills prohibit the manufacture,
sale, or distribution of children's bottles or cups that contain
bisphenol A after January 1, 2012. The law requires
manufactures to replace bisphenol A in these products with the
least toxic alternative and prohibits them from replacing
bisphenol A with certain carcinogens or reproductive toxicants.
Minnesota Senate Bill 247 (2009): Enacted in May 2009,
Minnesota S.B. 247 prohibits the sale of any bottle or cup that
is designed or intended for use by a child under three years of
age and that contains bisphenol A.
New York Senate Bill 3296 (2010): Enacted in July 2010, New
York S.B. 3296 prohibits the sale of pacifiers, baby bottles,
sippy cups and other unfilled beverage containers for use by
children under three years of age that contain bisphenol A.
Vermont Senate Bill 247 (2010): Enacted in May 2010, Vermont
S.B. 247 bans baby food and infant formula stored in containers
that contain bisphenol A. The law also prohibits the
manufacture, sale or distribution of reusable food or beverage
containers such as baby bottles, spill-proof cups, sports
bottles, and thermoses that contain bisphenol A.
Washington Senate Bill 6248 (2010): Enacted in March 2010,
Washington S.B. 6248 prohibits the manufacture, sale or
distribution of empty bottles, cups or other food or beverage
containers that contain bisphenol A after July 1, 2011. Metal
cans are exempted from this ban.
Wisconsin Senate Bill 271 (2010): Enacted in March 2010,
Wisconsin S.B. 271 prohibits the manufacture or sale at
wholesale and retail of empty baby bottles and spill-proof cups
for use by children 3 years of age or younger that contains
bisphenol A.
Issues:
1)What is the level of detection (LOD) for bisphenol A? The
sponsors of the bill indicate that bisphenol A has been shown
to adversely affect human health with exposure in the parts
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per trillion range, down to 25 parts per trillion and lower.
To be adequately protective of public health, sponsors
indicate that the LOD currently available is .1 ppb of
bisphenol A for baby food, but no LOD has been provided for
infant formula. The LODs have varied widely based on
available testing equipment, and the nature of the product
being tested. A recent test by the Canadian Government Health
Ministry found bisphenol A in infant formula and reported a
LOD of .5 ppb. The Committee may wish to establish a LOD at
the Canadian standard of .5 ppb for both infant foods and
formula and allow this level to be adjusted in the future
based on a finding by the Department of Toxics Substance
Control of readily available commercial laboratory technology.
2)What should be measured - what is the risk? AB 1319 prohibits
the use of bisphenol A in containers that come in contact with
infants such as bottles and sippy cups where the source of
exposure is direct contact with the baby. The bill also
prohibits bisphenol A in baby food containers or container
liners where the contact is not the container but the food or
drink in the container. In the case of food or drink, the
bill requires measuring the container or liners without
consideration for the contents. The Committee may wish to
specify that when testing for bisphenol A in food and formula
that the standard requires the testing of the food, drink or
infant formula instead of the container.
3)This is a ban on bisphenol A in baby food . This bill provides
for the ban on bisphenol A in food and drink intended
primarily for infants or children under the age of three. The
Committee may wish to be more specific that the ban effects
baby food as it is commonly considered ratherthan more vague
standard of all food intended for children.
4)What should be the implementation date for the bisphenol A
ban ? AB 1319 provides a January 2013 and a July 2013
effective date for the various portion of the bill with baby
formula allowed an additional 6 months for implementation.
The Committee may wish to establish a single implementation
date for all three categories of products that pose an
exposure threat to young children.
5)How will this act be enforced? Just like California's current
prohibition on the use of phthalates in children's products,
this bill does not extend express enforcement authority to any
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state agency nor does it allow consumers to take action in the
event that a manufacture fails to comply with the bisphenol A
ban. Enforcement of the provisions of this bill would most
likely occur under Unfair Competition Law. The Committee may
wish to amend the bill to provide enforcement authority for an
agency, such as Department of Toxic Substance Control, to
insure compliance with this act.
6)Interaction with Green Chemistry : AB 1319 provides that if
the State's new Green Chemistry program considers products
containing bisphenol A, then the bans on bisphenol A in baby
bottles, baby food and formula would no longer be enforceable.
The committee may wish to specify that bisphenol A is a
priority for the Green Chemistry process. Additionally, the
committee may wish to clarify the language to insure that a
single action under Green Chemistry does not negate all the
provision of this bill.
Prior related legislation :
SB 797 (Pavley) - 2009. This bill was similar to AB 1319 and
contained a ban on the use of bisphenol A in baby bottles, and
baby food containers. AB 797 failed passage on the Senate
floor.
SB 1713 (Migden) - 2008. This bill was almost identical bill to
SB 797 and AB 1319 and contained a ban on the use of bisphenol A
in baby bottles, and baby food containers. SB 1713 failed
passage on the Assembly floor.
Double referral : This bill was double-referred by the Assembly
Rules Committee to the Assembly Health Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Alliance for California Autism Organizations
American Congress of Obstetricians and Gynecologist (California)
Asian Communities for Reproductive Justice
Autism One
Autism Research Institute
Breast Cancer Fund
California League of Conservation Voters
California Medical Association
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California Water Association
Center for Environmental Health
CHANGE Coalition
Children Now
Commonweal
Consumers Union
County of Santa Clara
East Yard Communities for Environmental Justice
EcoMom Alliance
Environment California
Environmental Working Group
First 5 LA
Food & Water Watch
Great Beginnings for Black Babies, Inc.
Healthy Child Health World
Making Our Milk Safe
Mons Advocating Sustainability
Natural Resources Defense Council
Reproductive Justice Coalition of Los Angeles
Senator Dianne Feinstein
Solano County Board of Supervisors
St. John's Well Child & Family Center (Los Angeles)
Teens Turning Green
US Autism & Asperger Association
Opposition
AdvaMed - Advanced Medical Technology Association
American Chemistry Council
California Chamber of Commerce
California Citizens Against Lawsuit Abuse
California Grocers Association
California Healthcare Institute
California League of Food Processors
California Manufacturers and Technology Association
Can Manufacturers Institute
Civil Justice Association of California
Consumer Specialty Products Association
Grocery Manufacturers Association
Industrial Environmental Association
International Formula Council
Juvenile Products Manufacturers Association
National Federation of Independent Business
North American Metal Packaging Alliance, Inc.
AB 1319
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Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965