BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 319
                                                                  Page 1

          Date of Hearing:   April 26, 2005

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                  Ira Ruskin, Chair
                     AB 319 (Chan) - As Amended:  April 19, 2005
           
          SUBJECT  :   Phthalates and bisphenol-A in children's products.

           SUMMARY  :   Prohibits the use of Bisphenol-A and phthalates in  
          toys and childcare products designed for babies and children  
          under three years of age.  Specifically,  this bill  :  

          1)Prohibits, commencing on January 1, 2007, the manufacture,  
            sale, or distribution in commerce of  any toy or child care  
            article that is intended for use by a child under 3 years of  
            age if that product contains (1) bisphenol-A, (2) contains  
            DEHP, DBP, or BBP in concentrations exceeding 0.1%, or (3) is  
            intended for use by a child under 3 years of age if that  
            product can be placed in the child's mouth and contains DINP,  
            DIDP, or DNOP in concentrations exceeding 0.1%.

          2)Requires manufacturers to use the least toxic alternative when  
            replacing bisphenol-A and phthalates in their products and  
            would prohibit manufacturers from replacing bisphenol-A and  
            phthalates with certain carcinogens and reproductive  
            toxicants.

          3)Makes a person who violates this act liable for the payment of  
            a civil penalty of not less than $10,000 for each day of  
            violation, to be assessed and recovered in a civil action by  
            the Attorney General and deposited in a newly established  
            Penalty Account in the State Treasury. The bill would  
            authorize the California Environmental Protection Agency to  
            expend the money in the account, upon appropriation by the  
            Legislature, to develop and implement a public information  
            program regarding the health risks of products that contain  
            bisphenol-A and phthalates.

           EXISTING LAW  prohibits the manufacture, processing, and  
          distribution in commerce of products containing chemicals found  
          to raise health risks, including, but not limited to,  
          polybrominated diphenyl ether.

          Requires, under the Safe Drinking Water and Toxic Enforcement  
          Act of 1986 (commonly known as Proposition 65) the Governor to  








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          revise and publish a list of chemicals that have been  
          scientifically proven to cause cancer or reproductive toxicity  
          each year.  Prohibits any person in the course of doing business  
          in California from knowingly exposing any individual to a  
          chemical known to the state to cause cancer or reproductive  
          toxicity without first giving clear and reasonable warning.  Nor  
          can such chemicals be discharged into the drinking water. 

           FISCAL EFFECT  :   Unknown

           1)COMMENTS  :  
          The sponsor, Environment California, asserts that over the last  
            few years public health professionals, scientists and  
            community groups have become increasingly concerned about  
            human beings being contaminated by toxic chemicals.  Studies  
            are revealing chemical loading in human bodies is increasingly  
            being detected, and are finding connections between chemical  
            exposure and human disabilities and developmental diseases.   
            The author is seeking, with this measure to limit the exposure  
            of certain chemicals from toys and child care articles that  
            are used by children three years and younger, - Bisphenol-A  
            and phthalates.  

          2)The sponsor says that these chemicals pose too much of a risk  
            to the health and proper development of babies and young  
            children and that there are clear alternatives to their use in  
            many cases.  Furthermore they contend, companies have stopped  
            using phthalates and Bisphenol A in three children's products.  
             Several major bottle producers, such as Evenflo and Medela  
            make plastic bottles without Bisphenol-A  The U.S. Consumer  
            Product Safety Commission reported that at least nine  
            companies have stopped using phthalates in their teethers and  
            rattles.

           Bisphenol-A
           3)Bisphenol-A has been selected by the author because it is an  
            estrogen-mimicking endocrine disruptor chemical.  It is used  
            in the production of epoxy resins and polycarbonate plastics  
            and is the main ingredient in hard polycarbonate plastics such  
            as baby bottles and water bottles.  The plastics are used in  
            many food and drink packaging applications, and the resins are  
            commonly used as lacquers to coat metal products such as food  
            cans, bottle tops and water supply pipes.  It is also used in  
            many products intended for use by young children, including,  
            but not limited to, toys, pacifiers, baby bottles, and  








                                                                  AB 319
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            teethers.

          4)The sponsor asserts that the chemical can leak from plastic,  
            especially when containers are heated, cleaned with harsh  
            detergents or exposed to acidic foods or drinks.  Bisphenol A  
            has been detected in nearly all human bodies tested in the  
            United States.  According to the sponsors, Bisphenol-A has  
            been shown to have hormone disrupting effects, and some mice  
            studies have shown that it can produce hyperactivity, faster  
            growth in females and earlier onset of puberty.


          5)The sponsor contends that evidence is mounting that a chemical  
            in plastic may be risky in the small amounts that seep from  
            bottles and food packaging.  They cite a report which reviews  
            more than 100 studies.  That study, published in Environmental  
            Health Perspectives, by scientists Frederick vom Saal and  
            Claude Hughes, says that of the 115 studies have been  
            published examining low doses of the chemical, and 94 found  
            harmful effects.  The authors have urged the U.S.  
            Environmental Protection Agency to re-evaluate the risks of  
            bisphenol A and consider restricting its use. 



           Opposition


           6)They argue that it is essential for a wide array of products,  
            including many that were developed specifically to enhance  
            safety and to protect children.  They reference the study by  
            scientists from the Harvard Center for Risk Analysis to show  
            that it does not pose a risk to human health.  The report  
            finds that "based on the weight of the evidence", while there  
            was some observed endocrine effects at low doses in laboratory  
            animals, they" found no consistent affirmative evidence of low  
            dose Bisphenol-A effects for any reproductive or developmental  
            endpoint." 



          7)The opponents say that the trace amounts that migrate from  
            some products pose no danger and are far below safety  
            thresholds set by the US EPA and other agencies.  They counter  
            that the new report cited by supporters lists numbers of  








                                                                  AB 319
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            studies and pieces of data without fully analyzing them to  
            determine their strengths or weaknesses and relevance to human  
            beings.  Taken together, in the opposition's view, BPA is not  
            a risk to human health at the very low levels to which people  
            are exposed.



           Phthalates 

           8)Phthalates are chemical substances used to make PVC plastic  
            soft and pliable.  They are widely used in products such as  
            food wrapping, vinyl shower curtains and cosmetics.  They are  
            also used in soft plastic toys and other baby products such as  
            teething rings and rattles.  

          9)According to the Centers for Disease Control and Prevention  
            (CDC), phthalates are industrial chemicals added to many  
            consumer products, including vinyl flooring adhesives,  
            detergents, lubricating oils, solvents, food packaging,  
            automotive plastics, and personal-care products, such as soap,  
            shampoo, hair spray, and nail polish.  Phthalates are also  
            used in flexible polyvinyl chloride plastics, such as plastic  
            bags, food packaging, garden hoses, inflatable recreational  
            toys, intravenous tubing, children's toys, and some  
            pharmaceutical and pesticide formulations.  The effects of  
            phthalates vary in scientific studies on animals, but  
            testicular injury, liver injury, and liver cancer have been  
            associated with exposure to the chemical.  Once in the system,  
            sponsors claim that they may disrupt the hormones and the  
            reproductive system.  

           Phthalates and Proposition 65.  
           10)   The Safe Drinking Water and Toxic Enforcement Act of 1986  
            (commonly known as Proposition 65), provides two primary  
            mechanisms for administratively listing chemicals that are  
            known to the state to cause cancer or reproductive toxicity.   
            A chemical may be listed under Proposition 65 when a body  
            considered to be authoritative by the state's qualified  
            experts has formally identified the chemical as causing cancer  
            or reproductive toxicity.  The entities identified as  
            "authoritative bodies" for purposes of Proposition 65 include  
            the U.S. Environmental Protection Agency, the International  
            Agency for Research on Cancer, the FDA, the National Institute  
            for Occupational Safety and Health, and the National  








                                                                  AB 319
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            Toxicology Program (NTP).  As the lead agency for the  
            implementation of Proposition 65, OEHHA lists chemicals as  
            known to the State to cause reproductive toxicity.  In 2004,  
            OEHHA began the process to consider listing of DBP, butyl  
            benzyl phthalate (BBP), di-n-hexyl phthalate (DnHP), and  
            di-isodecyl phthalate (DIDP).  In 2005, OEHHA determined all  
            four phthalates meet the criteria for listing under  
            Proposition 65. 


           Opposition


           11)They assert that the primary phthalate used in children's  
            toys is DINP and it has been used safely for over 40 years.   
            They cite a US Consumer Product Safety Commission conducted a  
            5 year, peer reviewed, health risk study which determined that  
            children were not at risk from plastic toys.  They also  
            contend that the alternatives to DINP might result in more  
            brittle plastics that could break and create chocking and  
            other hazards.  The European Chemicals Bureau on DBP, BBP, and  
            DINP found them safe to use in their current consumer  
            applications, including toys and chilcare articles.  They also  
            contend that the measure is overbroad as the other phthalates  
            are not usually used in children's toys.  Furthermore, they  
            argue that the European ban on some phalates in cosmetics is  
            not based on evidence that they present an actual risk to  
            humans, but is based solely upon hazard.  They assert that  
            live animal studies show that phthalates do not mimic or block  
            the action of male or female hormones. 



           Related legislation :

          AB 908 (Chu)  Prohibits a person or entity, on or after January  
          1, 2007, from manufacturing, selling, or distributing in  
          commerce any cosmetic that contains dibutyl phthalate (DBP) or  
          di- (2-ethylhexyl) phthalate (DEHP) and provides that any  
          cosmetic is misbranded if it is sold by an Internet Web site  
          where the list of ingredients in the cosmetic is not easily and  
          readily available to be viewed by the prospective purchaser  
          before the purchase is completed. Held in Assembly Health  
          Committee.









                                                                  AB 319
                                                                  Page 6


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           Environment California (sponsor)
          Breast Cancer Fund
          California Communities Against Toxics
          California Environmental Rights Alliance
          California League of Conservation Voters
          California Safe Schools
          Children's Environmental Health Coalition
          Clean Water Action
          Community Action to Fight Asthma
          Del Amo Action Committee
          Earth Friendly Interior Design
          Environmental Working Group
          National Environmental Trust
          Pacoima Beautiful
          Phillippine Action Committee
          Pro Uno
          Sierra Club California

           Opposition 
           
          American electronics Association
          Big Time Toys
          California Chamber of Commerce
          California Grocers Association
          California League of Food Processors
          California Manufacturers and Technology Association
          California Retailers Association
          Cap Candy
          Food Products Association
          Funrise Toys
          Grocery Manufacturers of America
          International Bottled Water Association
          Metal Container Corp.
          Legoland California
          Mega Bloks Inc.
          Polyform Products Company
          Phtalates Esters Panel of the American Chemistry Council
          Ravensburger-FX Schmid USA Inc.
          The Society of the Plastics Industry
          Taggies, Inc.
          Tean edge Ltd. Co.








                                                                  AB 319
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          Toy Industry Association
          Wild Planet
           
          Analysis Prepared by  :    Michael Endicott / E.S. & T.M. / (916)  
          319-3965