BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  July 14, 2015


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          SB  
          763 (Leno) - As Amended July 8, 2015


          SENATE VOTE:  30-10


          SUBJECT:  Juvenile products: flame retardant chemicals.


          SUMMARY:  Requires manufacturers of juvenile products  
          manufactured on or after July 1, 2016 to indicate on a label  
          whether or not the product contains added flame retardant  
          chemicals.   Specifically, this bill:  


          1)Defines "juvenile product" as a product subject to the Home  
            Furnishings and Thermal Insulation Act and intended for use by  
            infants and children younger than 12 years of age, such as a  
            bassinet, booster seat, infant car seat, changing pad, floor  
            play mat, highchair, highchair pad, infant bouncer, infant  
            carrier, infant seat, infant swing, infant walker, nursing  
            pad, nursing pillow, playpen side pad, playard, portable  
            hook-on chair, stroller, children's nap mat, and infant foam  
            crib mattress. 

          2)Defines "added flame retardant chemicals" as flame retardant  
            chemicals that are present in any juvenile product or  
            component thereof at levels above 1,000 parts per million.









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          3)Exempts products subject to state upholstered furniture  
            labeling requirements and specified federal flammability  
            standards from the requirements of the bill. 

          4)Exempts, when determining whether a product contains flame  
            retardants for purposes of the labeling requirements of the  
            bill, electric and electronic units or components, including,  
            but not limited to, power cords or power supply units, motor  
            assemblies, Bluetooth modules, vibration units, light and  
            sound units, and circuit boards and wiring.  Authorizes the  
            chief of the Bureau of Electronic and Appliance Repair, Home  
            Furnishings and Thermal Insulation (BEARHFTI) to clarify the  
            exemption list in regulation.  

          5)Requires a manufacturer of juvenile products manufactured on  
            or after July 1, 2016 for retail sale in California to have a  
            label securely attached to the product, in plain view, stating  
            the following:

                 "The State of California has determined that this product  
                 does not pose a serious fire hazard. The state has  
                 identified many flame retardant chemicals as being known  
                 to, or strongly suspected of, adversely impacting human  
                 health or development.


                 The fabric, filling, and plastic parts of this product:


                 _____contains added flame retardant chemicals


                 _____contains NO added flame retardant chemicals"


          6)Requires a manufacturer of juvenile products sold in  
            California to indicate the absence or presence of added flame  
            retardant chemicals by placing an "X" in one of the  
            appropriate blanks on the label.








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          7)Provides that the label for juvenile products shall comply  
            with the labeling requirements for the law label delineated in  
            Article 2, Title 4, California Code of Regulations (CCR) §  
            1126.

          8)Requires the manufacturer of the juvenile product sold in  
            California to retain documentation to show whether flame  
            retardant chemicals were added.  Provides that a written  
            statement by the supplier of each component of a juvenile  
            product attesting either that flame retardant chemicals were  
            added or not added shall be sufficient documentation.

          9)Requires BEARHFTI to ensure compliance with the labeling and  
            documentation requirements in the bill.

          10)Requires, upon request, a manufacturer of a juvenile product  
            sold in California to provide to BEARHFTI, within 30 days of  
            the request, documentation establishing the accuracy of the  
            flame retardant chemical statement on the label.

          11)Requires BEARHFTI to assess fines between $2,500 and $15,000  
            in accordance with specified factors for the failure of the  
            manufacturer of the juvenile product to maintain or provide  
            the required documentation. 

          12)Provides that a manufacturer of juvenile products sold in  
            California and component suppliers shall be jointly and  
            severally liable for violations of the documentation required  
            by the bill.

          13)Requires BEARHFTI to provide the Department of Toxic  
            Substances Control (DTSC) with a selection of samples from  
            juvenile products marked "contains NO added flame retardant  
            chemicals" for testing for the presence of added flame  
            retardant chemicals, as specified, and to reimburse DTSC for  
            the cost of testing.

          14)Requires, no later than August 1st of each fiscal year,  








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            BEARHFTI to assess available resources and to determine the  
            number of tests to be conducted in the corresponding fiscal  
            year.

          15)Authorizes BEARHFTI, if DTSC's testing shows that a juvenile  
            product labeled as "contains NO added flame retardant  
            chemicals" is mislabeled because it contains added flame  
            retardant chemicals, to assess fines against manufacturers of  
            the juvenile product and component manufacturers to be held  
            jointly and severally liable for the violation.

          16)Requires fines for mislabeling to be assessed in increasing  
            severity, from $1,000 to $10,000, depending on the frequency  
            of the violation and in accordance with specified factors.

          17)Requires BEARHFTI to adjust all minimum and maximum fines  
            imposed for inflation every five years. 

          18)Authorizes BEARHFTI, if DTSC's testing shows that a juvenile  
            product labeled as "contains NO added flame retardant  
            chemicals" is mislabeled because it contains added flame  
            retardant chemicals, in addition to a fine or any other  
            request, to request that the label or juvenile products that  
            belong to the same stock keeping unit (SKU) currently produced  
            by the manufacturer be corrected to reflect that flame  
            retardant chemicals are added to the juvenile product, and to  
            request additional testing of more products belonging to the  
            same SKU at the manufacturer's expense.

          19)Requires it to be the duty of BEARHFTI to receive complaints  
            from consumers concerning juvenile products sold in  
            California.

          20)Authorizes BEARHFTI to adopt regulations to carry out the  
            requirements of the bill.

          21)Codifies the current exemption from fire retardant  
            regulations applicable to specified juvenile products.   
            Includes two additional products in the exemption. 








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          EXISTING LAW:    


          1)Establishes the Home Furnishings and Thermal Insulation Act  
            (Act) and requires it to be administered by BEARHFTI within  
            the Department of Consumer Affairs (DCA).  (BCP § 19000 et  
            seq.)

          2)Requires protection of the public to be the highest priority  
            for BEARHFTI in exercising its licensing, regulatory, and  
            disciplinary functions.  Requires, whenever the protection of  
            the public is inconsistent with other interests sought to be  
            promoted, the protection of the public to be paramount.  (BCP  
            § 19004.1)

          3)Specifies that the Act applies to upholstered furniture,  
            bedding and filling materials, and insulation sold in  
            California regardless of its point of origin. (BCP § 19070)
             
          4)Defines, in reference to upholstered furniture labeling  
            requirements, "flame retardant chemical" as any chemical or  
            chemical compound for which a functional use is to resist or  
            inhibit the spread of fire. Provides that flame retardant  
            chemicals include, but are not limited to, halogenated,  
            phosphorous-based, nitrogen-based, and nanoscale flame  
            retardants, flame retardant chemicals listed as "designated  
            chemicals" pursuant to Section 105440 of the Health and Safety  
            Code, and any chemical or chemical compound for which "flame  
            retardant" appears on the substance Safety Data Sheet. (BPC §  
            19094 (a)(3) and (4))

          5)Requires a manufacturer of upholstered furniture to indicate  
            whether or not the product contains added flame retardant  
            chemicals by including a statutorily required "flame retardant  
            chemical statement" and an "X" indicating the presence of  
            flame retardant chemicals on the required flame retardant  
            (Technical Bulletin (TB) 117-2013) label. This label is  
            substantially similar to that required for juvenile products  








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            included in this bill.  (BPC § 19094 (b)(1))

          6)Requires the manufacturer of upholstered furniture sold in  
            California to retain documentation to show whether flame  
            retardant chemicals were added to their products. (BPC § 19094  
            (c)(1))

          7)Requires BEARHFTI to ensure compliance with the flame  
            retardant labeling and documentation requirements for  
            upholstered furniture. (BPC § 19094 (c)(2))

          8)Requires, upon request, a manufacturer of upholstered  
            furniture sold in California to provide to BEARHFTI, within 30  
            days of the request, documentation establishing the accuracy  
            of the flame retardant chemical statement on the label. (BPC §  
            19094 (c)(3)(A))

          9)Requires BEARHFTI to assess specified fines for the failure of  
            the manufacturer of upholstered furniture to maintain or  
            provide to BEARHFTI the documentation establishing the  
            accuracy of the flame retardant chemical statement on the  
            label. (BPC § 19094 (c)(3)(B)) 

          10)Requires BEARHFTI to provide DTSC with a selection of samples  
            from upholstered furniture marked "contains NO added flame  
            retardant chemicals" for testing for the presence of added  
            flame retardant chemicals, as specified, and to reimburse DTSC  
            for the cost of testing. (BPC § 19094 (c)(3)(D)(i))

          11)Requires all flexible polyurethane foam that is offered for  
            sale to the general public at retail outlets to be fire  
            retardant, as defined by BEARHFTI.  (BPC § 19161.3)  

          12)Requires all mattresses and mattress sets manufactured for  
            sale in this state to be fire retardant. (BPC § 19161 (a))

          13)Authorizes the chief of BEARHFTI, subject to the approval of  
            DCA, to in his or her discretion exempt items of upholstered  
            furniture which are deemed not to pose a serious fire hazard  








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            from fire retardant requirements. (BPC § 19161.5)  

          14)Requires, under the Safe Drinking Water and Toxic Enforcement  
            Act of 1986 (Proposition 65), the Governor to cause a list to  
            be published of those chemicals known to the state to cause  
            cancer or reproductive toxicity, and to cause such list to be  
            revised and republished in light of additional knowledge at  
            least once per year.  (Health and Safety Code (HSC) § 25249.8)  






          15)Requires, under Safer Consumer Products (Green Chemistry)  
            statutes, DTSC to identify and prioritize chemicals of concern  
            and to adopt regulations to evaluate chemicals of concern in  
            consumer products to determine how best to limit exposure or  
            to reduce the level of hazard posed by a chemical of concern.   
            Authorizes DTSC to take specified regulatory actions to limit  
            exposure or to reduce the level of hazard posed by a chemical  
            of concern.  (HSC § 25251 et. seq.)



          16)Prohibits a person from manufacturing, processing, or  
            distributing in commerce a product or part of a product that  
            contains more than 1/10th of 1% of pentaBDE or octaBDE.  (HSC  
            § 108922)
          17)Requires, pursuant to TB 117-2013, beginning January 1, 2015,  
            all filling materials and cover fabrics contained in  
            upholstered furniture sold in California to meet certain  
            smolder resistant testing standards, and to be labeled as  
            specified.  (Article 13, Division 3, Title 4, CCR § 1374)

          18)Exempts from compliance with TB 117-2013 the following  
            juvenile products: bassinets, booster seats, car seats,  
            changing pads, floor play mats, highchairs, highchair pads,  
            infant bouncers, infant carriers, infant seats, infant swings,  








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            infant walkers, nursing pads, nursing pillows, playpen side  
            pads, playards, portable hook-on chairs, and strollers.  
            (Article 13, Division 3, Title 4 , CCR §1374.2)

          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Need for the bill:  According to the author, "Growing evidence  
          show(s) that many fire retardant chemicals have serious human  
          and environmental health impacts, including cancer, decreased  
          fertility, hormone disruption, lower IQ, and hyperactivity.  A  
          typical household can contain up to several pounds of these  
          chemicals, and their extensive use to meet TB 117 has led to  
          contamination of the global environment?  Tests have found fire  
          retardant chemicals present in polyurethane foam in baby  
          products which are in intimate contact with infants and young  
          children including nap mats, bassinets, changing pads,  
          strollers, playpens, swings, nursing pillows, high chairs and  
          toddler chairs?

          As is current law for furniture, consumers deserve the right to  
          make educated choices about purchasing children's products that  
          may include flame retardants associated with serious  
          developmental and health consequences. When consumers choose to  
          purchase safer products, they create a direct and positive  
          market signal that reduces toxic exposures for their families,  
          for firefighters, and for the environment?

          SB 763 will give parents the information they need to choose  
          safe and healthy products for their children."

          Flame retardant chemicals:  Flame retardants are chemicals added  
          to plastic, foam, textiles, electronics, building materials, and  
          other products to resist or inhibit the spread of fire.   
          According to the American Chemistry Council, bromine,  
          phosphorus, nitrogen and chlorine are commonly used in flame  








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          retardants.  Inorganic compounds are also used in flame  
          retardants, either alone or as part of a flame retardant system  
          in conjunction with bromine, phosphorus or nitrogen.  

          Human exposure to flame retardants occurs mainly through  
          inhalation or ingestion of dust.  Food and water contaminated  
          with flame retardants is another source of exposure.  Exposure  
          from dermal contact with contaminated soil and dust may also  
          occur.  

          Contaminated dust enters households and the environment when  
          foam treated with flame retardant chemicals in upholstered  
          furniture and other products breaks down and escapes the product  
          as dust.  Flame retardant chemicals also enter the environment  
          through manufacturing processes and through the disposal of  
          treated products.  Medical studies have linked flame retardant  
          chemicals to job-related cancer and other illnesses in American  
          firefighters, indicating heightened exposure during fires.

          Research conducted in 2014 by the Environmental Working Group  
          and Duke University found that young children typically have 3 -  
          5 times higher amounts of flame retardant chemicals in their  
          systems than do their mothers, and scientists believe it is  
          because they spend more time on the floor amongst contaminated  
          dust and put their hands (and other contaminated products) in  
          their mouths more frequently than do adults.  Studies also show  
          that infants are also exposed to flame retardants through the  
          ingestion of breast milk.  

          Human health and environmental impacts of flame retardant  
          chemicals:  According to the Green Science Policy Institute,  
          while not all flame retardants present concerns, the following  
          types often do:  1)  halogenated flame retardants (also known as  
          organohalogen flame retardants) containing chlorine or bromine  
          bonded to carbon; and, organophosphorous flame retardants  
          containing phosphorous bonded to carbon.

          Polybrominated diphenyl ethers (PBDEs), the most thoroughly  
          studied of the flame retardant chemicals, have been found in  








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          birds, fish, shellfish, amphibians, marine mammals, sewage  
          sludge, sediments, air samples, meats, dairy products, and even  
          vegetables.  There has been extensive animal research over the  
          past decade indicating that PBDE exposure can lead to  
          abnormalities in learning, memory, and neurodevelopment, and  
          linking exposure to hyperactivity, endocrine disruption, and  
          other neurotoxicological effects.  

          In humans, PBDEs have been found to accumulate in blood, fat,  
          and breast milk.  According to DTSC, the levels of PBDEs  
          measured in humans in the United States and Canada are typically  
          at least 10 times higher than those in Europe, and appear to be  
          doubling every few years.  Recent research has shown that PBDE  
          exposure in humans may lead to endocrine disruption,  
          reproductive difficulty, neurodevelopmental issues, reduced IQ,  
          and elevated thyroid levels.  Studies have found PBDEs in fetal  
          cord blood, indicating that these chemicals can cross the  
          placenta and expose fetuses during critical times of  
          development.  American children with higher PBDE levels score  
          worse on assessments of learning and attention, and these  
          deficiencies persist throughout childhood.  

          While PBDEs have been largely phased out of use, alternative  
          flame retardant chemicals are pervasive and have raised similar  
          and other toxicological concerns to those raised by PBDE  
          formulations.  Studies have linked exposure to many other flame  
          retardant chemicals to endocrine disruption; fertility issues;  
          and, carcinogenic, mutagenic, reprotoxic, obesogenic, and  
          neurotoxicological effects.  The chemicals have also been found  
          to also be persistent and bioaccumulative.

          Upholstered furniture flammability standard:  BEARHFTI develops  
          flammability standards in the form of Technical Bulletins (TBs),  
          which are adopted through regulation.  There are also a number  
          of other federal flammability standards developed by the United  
          States Consumer Product Safety Commission (CPSC), which are  
          currently in effect nationwide.  While CPSC has been studying a  
          national residential upholstered furniture standard for several  
          years, California remains the only state with a residential  








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          upholstered furniture flammability standard.  However, since  
          California is such a large portion of the national market, most  
          manufacturers choose to meet California's standards for their  
          products sold across the country.

          TB 117:  In October 1975, BEARHFTI promulgated regulations that  
          resulted in the development of Technical Bulletin 117 (TB 117)  
          entitled, "Requirements, Test Procedures and Apparatus for  
          Testing the Flame Retardance of Filling Materials Used in  
          Upholstered Furniture."  This mandatory performance standard  
          required that the concealed filling materials and cover fabric  
          of upholstered furniture undergo individual component testing to  
          ensure that they passed open flame and cigarette smolder tests.   
          The main emphasis of TB 117 was on the open flame testing of  
          interior filling materials, which had to withstand exposure to a  
          12-second small open flame. Manufacturers predominately met this  
          requirement through using polyurethane foam treated with flame  
          retardant chemicals. 



          In 2012, BEARHFTI determined that TB 117 did not adequately  
          address the flammability performance of upholstered furniture  
          cover fabric and its interactions with underlying filling  
          materials and that flame retardant foam can actually increase  
          smolder propensity.  In addition, concerns were intensifying  
          about the negative human health and environmental impacts caused  
          by flame retardant chemicals.  On June 18, 2012, Governor Brown  
          directed BEARHFTI to revise the flammability standards for  
          upholstered furniture sold in the state, saying "Toxic flame  
          retardants are found in everything from high chairs to couches  
          and a growing body of evidence suggests that these chemicals  
          harm human health and the environment.  We must find better ways  
          to meet fire safety standards by reducing and  
          eliminating-wherever possible-dangerous chemicals."

          TB 117- 2013:  In recognition of TB 117's public safety  
          shortcomings, as well as noting the health concerns related to  
          flame retardant chemicals, BEARHFTI published TB 117- 2013,  








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          entitled "Requirements, Test Procedure and Apparatus for Testing  
          the Smolder Resistance of Materials Used in Upholstered  
          Furniture," in November 2013.  TB 117-2013 updates flammability  
          standards from the open flame method of testing to a smoldering  
          test.  Manufacturers have indicated that they can comply with TB  
          117-2013 without the use of flame retardant chemicals.  While TB  
          117-2013 became effective on January 1, 2014, manufacturers had  
          a year to complete the transition and come into full mandatory  
          compliance on January 1, 2015.  TB 117-2013 supersedes TB 117.  

           Juvenile product exemption:  In 2010, BEARHFTI found that some  
          juvenile products contain a much lesser fuel load content (i.e.  
          foam, batting) than average adult seating furniture.  In  
          addition, these products are less likely to be ignited or come  
          in contact with an ignition source under the exercise of  
          reasonable care and supervision of adults. Therefore, in  
          December 2010, BEARHFTI published the finding that three  
          specified juvenile products (strollers, infant carriers, nursing  
          pillows) "will not pose a serious fire hazard to infants and  
          children if they are exempt from the TB 117 flammability  
          requirements," and updated its regulations to exempt those  
          products from TB 117.  In November 2013, BEARHFTI again amended  
          regulations to exempt fifteen additional juvenile products from  
                                      meeting the flammability requirements of the now-in-effect TB  
          117-2013.  The exempted juvenile products (total of eighteen)  
          are: bassinets, booster seats, car seats, changing pads, floor  
          play mats, highchairs, highchair pads, infant bouncers, infant  
          carriers, infant seats, infant swings, infant walker, nursing  
          pads, nursing pillows, playpen side pads, playards, portable  
          hook-on chairs, and strollers.  This full exemption became  
          effective on January 1, 2014.

          SB 763 requires that these eighteen juvenile products, plus  
          children's nap mats and infant foam crib mattresses (two  
          additional products that BEARHFTI has indicated are exempt from  
          TB 117-2013), be labeled to indicate whether or not they contain  
          added flame retardant chemicals.  

          Flame retardants in juvenile products:  Despite an exemption  








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          from California flammability standards, tests on juvenile  
          products show that these products continue to contain flame  
          retardant chemicals.  For example, tests commissioned by the  
          Center for Environmental Health and performed by Duke University  
          in August 2014 on children's nap mats found that six of the 10  
          tested mats contained flame retardant chemicals.  In another  
          example, in 2014 the State of Washington Department of Ecology  
          tested 10 changing pads and found that three contained flame  
          retardant chemicals.  Additional recent testing by Duke  
          University found that of 17 nap mats purchased in April and May  
          2015, nearly a year and a half after the exemption from TB  
          117-2013 went into effect, three were identified as containing  
          flame retardant chemicals.

          Current flame retardant labeling requirements:  SB 1019 (Leno,  
          Chapter 862, Statutes of 2014), which became effective on  
          January 1, 2015, requires a manufacturer of upholstered  
          furniture regulated by TB 117-2013 to indicate on the product  
          label whether or not the product contains added flame retardant  
          chemicals.  

          The labeling requirements, enforcement provisions, and testing  
          protocols set forth in SB 1019 for flame retardant chemicals in  
          upholstered furniture are substantially similar to those  
          proposed in SB 763 for flame retardant chemicals in juvenile  
          products.  

          Safer Consumer Products regulations:  AB 1879 (Feuer, Chapter  
          559, Statutes of 2008) enacted California's Safer Consumer  
          Product, or Green Chemistry, program, which requires DTSC to  
          identify, prioritize and evaluate chemicals of concern in  
          consumer products to determine how best to limit exposure or to  
          reduce the level of hazard posed by those chemicals.  It also  
          authorizes DTSC to take regulatory action to limit exposure or  
          to reduce the level of hazard posed by a chemical of concern.

          On March 13, 2014, under the program, DTSC released its first  
          list of three "priority products," which are consumer products  
          identified by DTSC as containing one or more chemicals of  








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          concern- known as "candidate chemicals" - that have a hazard  
          trait that can harm people or the environment.  DTSC placed  
          products on list based on two criteria: 1) the products have the  
          potential to expose people or the environment to one or more  
          candidate chemicals, and 2) this exposure has the potential to  
          "contribute to or cause significant or widespread adverse  
          impacts." This list included children's foam-padded sleeping  
          products that contain the flame retardant chlorinated tris or  
          tris(1,3-dichloro-2-propyl) phosphate (TDCPP).  

          Arguments in support:


          The Center for Environmental Health argues, "Flame retardant  
          chemicals can migrate out of products into air and dust where  
          children are exposed to them.  These chemicals are associated  
          with a variety of health concerns, including cancer, lower birth  
          weight, decreased fertility, hormone disruption, lower IQ, and  
          hyperactivity.  Due to children's frequent hand to mouth  
          behavior, young children have 3-5 times higher levels of certain  
          flame retardants than their mothers.  It is also of great  
          concern that children of color and children from low-income  
          communities of color have the highest exposure.  Flame retardant  
          chemicals can cross the placenta and this chemical exposure  
          places babies at greater risk than adults because infants'  
          brains, organs, and reproductive systems are still developing?  
          This legislation would require manufacturers to label juvenile  
          products as to whether the product contains added flame  
          retardant chemicals. Without this type of label it will be  
          impossible for parents to identify products that either do or do  
          not contain flame retardant chemicals."

          The California Professional Firefighters argue, "SB 763 provides  
          consumers a pathway to exercise a choice in purchasing safer  
          juvenile products, which, in turn, creates a direct and positive  
          impact on the reduction of toxic exposures to firefighters.  
          Consequently, SB 763 affords additional long-term cost-savings  
          to the state by aiding in reducing workers' compensation and  
          disability costs for firefighters through reducing the severity  








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          and frequency at which our members incur job-caused illnesses  
          associated with prolonged exposure to hazardous flame retardant  
          chemicals and the associated toxins they convert to during  
          combustion? Further, science reveals that toxic retardants  
          provide minimal, if any, additional fire safety protection."


          The Consumer Federation of California argues, "The proposed  
          disclosures would provide uniform information to consumers in a  
          simple and accessible manner. It would also provide businesses a  
          standard format to communicate the information to consumers."

          Arguments in opposition:  


          The American Chemistry Council, along with a coalition of  
          industry groups, argues, "These proposed requirements lack  
          scientific justification, conflict with existing California  
          consumer product and chemical safety laws and regulations, and  
          as a result, mislead consumers about the potential safety of  
          these products?  Just as there are different types of metals or  
          gases, California should recognize that there are many different  
          types of flame retardants with different exposure, health and  
          environmental profiles.  Yet, under SB 763, manufacturers would  
          be required to label whether their product contains a flame  
          retardant chemical regardless of whether the particular chemical  
          presents any meaningful risk to human health or the  
          environment."


          The Juvenile Product Manufacturer's Association (JPMA) argues,  
          "JPMA understands the importance of notifying consumers if a  
          product contains a flame retardant that has been found to be  
          harmful.  However, SB 763 would also require a product  
          containing no flame retardants to be labeled as "not containing  
          flame retardants"?  SB 763 would subject companies that do not  
          use flame retardants and are not presently subject to labeling  
          requirements, to comply with a new regulatory program that  
          requires record keeping and testing data when no potential harm  








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          exists.  This requirement will add significant burdens to  
          companies who are already complying with the Federal Hazardous  
          Substance Act, and the Consumer Product Safety Improvement Act?   
          SB 763 requires a permanently affixed warning label which will  
          cost manufacturers hundreds of thousands of dollars, even when  
          their product does not contain flame retardants?  JPMA believes  
          it is very important that labeling requirements provide  
          information to the consumer that is easily understood and does  
          not dilute the message it is trying to convey.  This can be  
          accomplished in SB 763 by removing the labeling requirement for  
          products and components that do not contain intentionally added  
          flame retardants."

          Recent related legislation:

          1)SB 1019 (Leno), Chapter 862, Statutes of 2014, requires a  
            manufacturer of upholstered furniture to indicate on the  
            product label whether or not a product contains added flame  
            retardant chemicals.

          2)AB 2197 (Mitchell, 2012), would have required BEARHFTI to  
            revise regulations to require all seating furniture sold or  
            offered for sale to meet a smolder flammability test rather  
            than an open flame-test.  This bill was not heard in the  
            Assembly ESTM committee, at the author's request.  Note: The  
            provisions of this bill were largely implemented through  
            regulation through the adoption of TB 117-2013.

          3)SB 147 (Leno, 2011), would have required BEARHFTI, on or  
            before March 1, 2013, to modify the requirements for  
            flammability of upholstered furniture to include a smolder  
            flammability test as an alternative method of compliance.   
            This bill failed passage in the Senate Committee on Business,  
            Professions, and Economic Development.  Note: The provisions  
            of this bill were largely implemented through regulation  
            through the adoption of TB 117-2013. 

          4)SB 1291 (Leno, 2010), would have required the DTSC to include,  
            as a chemical under consideration in the Green Chemistry  








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            process, any chemical that is used, or is proposed to be used,  
            as a flame retardant. This bill was placed on the inactive  
            file on the Senate Floor and died on file. 

          5)SB 772 (Leno, 2009), would have exempted "juvenile products,"  
            as defined, from flame retardant regulations, unless BEARHFTI  
            determined that the juvenile product posed a serious fire  
            hazard.  This bill was held under submission in the Assembly  
            Appropriations Committee.  Note:  The provisions of this bill  
            have been largely implemented through regulation.

          6)AB 706 (Leno, 2008), would have required, commencing July 1,  
            2010, seating furniture and bedding products to comply with  
            certain requirements, including that they not contain a  
            chemical or component not in compliance with alternatives  
            assessment requirements, and would have required DTSC to adopt  
            methodology for an alternative assessment to review the  
            classes of chemicals used to meet fire retardant standards.   
            This bill failed passage on the Senate Floor. 

          7)AB 302 (Chan), Chapter 205, Statutes of 2003, banned the use  
            of penta and octa PBDEs after January 1, 2008.

          Double referral:  This bill passed the Assembly Committee on  
          Business and Professions on July 7, 2015, on a 12 - 0 vote.
          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Professional Firefighters (Co-Sponsor)










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                                                                    Page  18





          Center for Environmental Health (CEH) (Co-Sponsor)


          Consumer Federation of California (CFC) (Co-Sponsor)


          Alameda County Board of Supervisors


          Alliance for Toxic Free Fire Safety (ATFFS)


          American Congress of Obstetricians and Gynecologists (ACOG)  
          District IX


          Association of Regional Center Agencies (ARCA)


          BANANAS 


          Breast Cancer Action


          Breast Cancer Fund


          CalFIRE Firefighters, Local 2881


          California Chapters of the Solid Waste Association of North  
          America (SWANA)


          California League of Conservation Voters


          Californians for a Healthy & Green Economy








                                                                     SB 763


                                                                    Page  19







          CALPIRG


          Center for Environmental Health


          Child Care Coordinating Council of San Mateo County (4Cs)


          City and County of San Francisco


          Clean Water Action


          Coalition for Clean Air 


          Community Action Partnership of Madera County


          Community Resources for Children


          Consumer Attorneys of California 


          Contra Costa Child Care Council


          Dignity Health 


          Earthjustice 


          Environment California 








                                                                     SB 763


                                                                    Page  20







          Environmental Working Group 


          First 5 Santa Clara County


          Friends of the Earth 


          Go Kids


          Grant David Gillham, Inc. 


          Health Care Without Harm 


          Instituto de Educación Popular del Sur de California 


          International Association of Fire Fighters 


          Latinas Contra Cancer


          Mommy Greenest


          Natural Resources Defense Council (NRDC) 


          Naturepedic 


          Pathways LA








                                                                     SB 763


                                                                    Page  21







          Pesticide Action Network North America 


          Physicians for Social Responsibility-Los Angeles


          Physicians for Social Responsibility-San Francisco Bay Area  
          Chapter


          Plumas Rural Services


          San Francisco Bay Area Physicians for Social Responsibility (SF  
          Bay Area PSR) 


          Southern California Coalition for Occupational Safety & Health


          Trauma Foundation




          Opposition


          American Chemistry Council 
          California Chamber of Commerce
          California Citizens Against Lawsuit Abuse 
          California Manufacturers and Technology Association 
          Chemical Industry Council of California
          Civil Justice Association of California
          Fullerton Chamber of Commerce
          Juvenile Products Manufacturers Association (JPMA)
          National Federation of Independent Business 








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                                                                    Page  22





          Southwest California Legislative Council 


          Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916)  
          319-3965