Bill Text: CA SB929 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hazardous materials: children's jewelry: heavy metals.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 313, Statutes of 2010. [SB929 Detail]

Download: California-2009-SB929-Amended.html

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BILL NUMBER: SB 929	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Pavley
   (Coauthor: Senator Hancock)
   (Coauthors: Assembly Members Brownley, Lieu, Ma, Salas, Saldana,
and Torlakson)

                        FEBRUARY 1, 2010

   An act to amend the heading of Article 10.1.1 (commencing with
Section 25214.1) of Chapter 6.5 of Division 20 of, and to add Section
25214.2.1 to, the Health and Safety Code, relating to hazardous
materials.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 929, as amended, Pavley. Hazardous materials: children's
jewelry: heavy metals.
   Existing law prohibits the manufacturing, shipping, selling, or
offering for sale, or offering for promotional purposes children's
jewelry containing lead above a specified concentration.
   This bill would additionally prohibit the manufacturing, shipping,
selling, or offering for sale, or offering for promotional purposes
children's jewelry containing cadmium  equal to, or in excess of,
a specified level  . The bill would prohibit a manufacturer
from replacing cadmium with certain carcinogens or reproductive
toxicants.
   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.  The heading of Article 10.1.1 (commencing with Section
25214.1) of Chapter 6.5 of Division 20 of the Health and Safety Code
is amended to read:

      Article 10.1.1.  Heavy Metal-Containing Jewelry


  SEC. 2.  Section 25214.2.1 is added to the Health and Safety Code,
to read:
   25214.2.1.  (a) Notwithstanding any other law, a person shall not
manufacture, ship, sell, offer for sale, or offer for promotional
purposes children's jewelry that contains cadmium  equal to, or
in excess of, 75 parts per million total weight for retail sale
or promotional purposes in the state.
   (b) In complying with subdivision (a), a manufacturer shall not
replace cadmium with either of the following:
   (1) A carcinogen rated by the United States Environmental
Protection Agency as carcinogenic to humans, likely to be
carcinogenic to humans, or possessing evidence suggestive of
carcinogenic potential.
   (2) A carcinogen 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)
  25249.5))  list of chemicals known to cause
cancer or reproductive toxicity.
   (c) In complying with subdivision (a), a manufacturer shall not
replace cadmium with either of the following:
   (1) A reproductive toxicant that causes birth defects,
reproductive harm, or developmental harm as identified by the United
States Environmental Protection Agency.
   (2) A reproductive toxicant listed in the Safe Drinking Water and
Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section
 25249.5) of Division 20)   25249.5))  list
of chemicals known to cause cancer or reproductive toxicity. 
   (d) Notwithstanding subdivision (c) of Section 25257.1, the
department may consider children's jewelry containing cadmium as a
product category in the department's implementation of Article 14
(commencing with Section 25251). 
   (e) This section does not prohibit the department from adopting a
stricter standard for children's jewelry containing cadmium pursuant
to regulations adopted pursuant to Article 14 (commencing with
Section 25251).