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 AB 319 Page 2 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 Page 3 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 Page 4 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 Page 5 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 Page 7 Toy Industry Association Wild Planet Analysis Prepared by : Michael Endicott / E.S. & T.M. / (916) 319-3965