BILL NUMBER: SB 797	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 15, 2009
	AMENDED IN ASSEMBLY  JUNE 25, 2009

INTRODUCED BY   Senators Pavley and Liu
   (Principal coauthor: Assembly Member Ma)
   (  Coauthor:   Senator  
Romero   Coauthors:   Senators  
Padilla   and Romero  )
   (Coauthor: Assembly Member Huffman)

                        FEBRUARY 27, 2009

   An act to add  and repeal  Chapter 12 (commencing with
Section 108940)  to   of  Part 3 of
Division 104 of the Health and Safety Code, relating to product
safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 797, as amended, Pavley. Product safety: bisphenol A.
   Existing law prohibits the manufacture, sale, or distribution in
commerce of certain toys and child care articles, as defined, if
those products contain specified types of phthalates in
concentrations exceeding 1/10 of 1%.
   Existing law also requires manufacturers to use the least toxic
alternative when replacing phthalates in their products and would
prohibit manufacturers from replacing phthalates with certain
carcinogens and reproductive toxicants.
   The bill would enact the Toxin-Free Infants and Toddlers Act,
which would  , except as specified,  prohibit  , on and
after January 1, 2011,  the manufacture, sale, or distribution
in commerce of any bottle, cup, or liquid, food, or beverage in a
can, jar, or plastic bottle that contains bisphenol A, or that is
lined with a material that contains bisphenol A, at a level above 0.1
parts per billion (ppb)  , under specified conditions
  . It would also, except as specified, prohibit, on and
after July 1, 2011, the manufacture, sale, or distribution of liquid
infant formula in a can or plastic bottle containing bisphenol 
   A or lined with a material containing it  . The
bill would also require manufacturers to use the least toxic
alternative when replacing bisphenol A in containers in accordance
with this bill. 
   This bill would repeal these provisions if the Department of Toxic
Substances Control adopts a specified regulatory response. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
Toxin-Free Infants and Toddlers Act.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The purpose of this act is to ensure that children are not
exposed to harmful toxins.
   (b) Bisphenol A (BPA) was created as a synthetic sex hormone.
Today it is widely used in certain kinds of plastics and epoxy
resins, including those commonly found in baby bottles and infant
formula cans.
   (c) Research by the federal Centers for Disease Control and
Prevention has found that 93 percent of Americans have BPA in their
bodies, and children have higher levels than adults.
   (d) According to the National Institutes of Health diet is the
main way people are exposed to BPA, due to leaching of the chemical
from containers into food and drink.
   (e) The United States Food and Drug Administration has measured
BPA in canned infant formula at levels ranging from 0.1 parts per
billion (ppb) to 13.2 ppb.
   (f) BPA would not appear in bottles, cups, cans, or jars as a
trace contaminant. If BPA is found in any of these articles, it has
been placed there intentionally.
   (g) The United States Geological Service has measured BPA in
wastewater dominated at levels up to 12 ppb. The agency's detection
limit for BPA was 0.09 ppb.
   (h) BPA is a known hormone disruptor. The National Institutes of
Health is concerned that BPA exposure in children may lead to
problems with brain development, behavior, early puberty, breast
cancer, and prostate cancer. New research has also suggested that BPA
may interfere with metabolism and lead to obesity, heart disease,
and diabetes in humans.
   (i) Out of concern for children's safety, Canada has banned the
use of BPA in baby bottles and is restricting its use in infant
formula cans.
   (j) Many companies have phased out BPA from their products or
removed BPA-containing products from their store shelves or both.
   (k) It is in the best interest of California to significantly
reduce infants' and toddlers' exposure to BPA as soon as possible,
and to ultimately eliminate all exposure.
   (l) California's Green Chemistry Initiative will not come to
fruition soon enough to protect the 550,000 babies born in California
each year from the unnecessary health risk posed by BPA.
  SEC. 3.  Chapter 12 (commencing with Section 108940) is added to
Part 3 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 12.  BISPHENOL A


   108940.  (a)  Notwithstanding   On and after
January 1, 2011, and notwithstanding  subdivision (c), no person
shall manufacture, sell, or distribute in commerce 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 or intended to be filled with
any liquid, food, or beverage intended primarily for consumption
from that bottle or cup by infants or children three years of age or
younger.
   (b)  Notwithstanding   On   and
after January 1, 2011, and notwithstanding  subdivision (c), no
person or entity shall manufacture, sell, or distribute in commerce
any 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 by infants or children three years
of age or younger  , unless the can or bottle contains infant
formula in a liquid form  .
   (c) Subdivisions (a) and (b) shall not apply to  medical
devices, as defined in Section 109920, or to  food and beverage
containers designed or intended primarily to contain liquid, food, or
beverages for consumption by the general population. 
   (d) Notwithstanding subdivisions (a) and (b), if the Department of
Toxic Substances Control adopts a regulatory response described in
Section 25253 regarding the use of bisphenol A in any item that may
be prohibited by this section, this section shall become inoperative
upon the date that the department posts a notice on its Internet Web
site that it has adopted the response, and shall be repealed on the
following January 1.  
   (e) Notwithstanding subdivisions (b) and (c) of Section 25257.1,
this section shall not be construed to prohibit or restrict the
authority of the Department of Toxic Substances Control to adopt
regulations to limit exposure to or reduce the level of hazard posed
by bisphenol A.  
   108940.1.  (a) On and after July 1, 2011, no person or entity
shall manufacture, sell, or distribute in commerce any infant formula
in a liquid form in a can or plastic bottle containing bisphenol A
or lined with a material containing bisphenol A.
   (b) Notwithstanding subdivision (a), if the Department of Toxic
Substances Control adopts a regulatory response described in Section
25253 regarding the use of bisphenol A in any item that may be
prohibited by this section, this section shall become inoperative
upon the date that the department posts on its Internet Web site a
notice that it has adopted the response, and shall be repealed on the
following January 1.
   (c) Notwithstanding subdivisions (b) and (c) of Section 25257.1,
this section shall not be construed to prohibit or restrict the
authority of the Department of Toxic Substances Control to adopt
regulations to limit exposure to or reduce the level of hazard posed
by bisphenol A. 
   108941.  (a) Manufacturers shall use the least toxic alternative
when replacing bisphenol A in containers in accordance with this
chapter.
   (b) Manufacturers shall not replace bisphenol A, pursuant to this
chapter, with carcinogens rated by the United States Environmental
Protection Agency as carcinogenic to humans, likely to be
carcinogenic to humans, or suggestive evidence of carcinogenic
potential, or known to the state to cause cancer as listed in the
Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6
(commencing with Section 25249.5) of Division 20)  list of
chemicals known to cause cancer or reproductive toxicity  .
   (c) Manufacturers shall not replace bisphenol A, pursuant to this
chapter, with reproductive toxicants that cause birth defects,
reproductive harm, or developmental harm as identified by the United
States Environmental Protection Agency or listed in the Safe Drinking
Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing
with Section 25249.5) of Division 20)  list of chemicals known to
cause cancer or reproductive toxicity  . 
   108941.5.  If both Sections 108940 and 108940.1 become inoperative
and are repealed, then this chapter shall be repealed on January 1
of the subsequent calendar year following the repeal date of the last
repealed section.