Bill Text: HI HB351 | 2013 | Regular Session | Introduced

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Bill Title: Children; Toxic Substances; Bisphenol-A; Phthalates; Packaging; Metals; Vinyl Intravenous Solution Bags; Vinyl Tubing; Hawaii Heath Systems Corporation

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to HLT, CPC, referral sheet 3 [HB351 Detail]

Download: Hawaii-2013-HB351-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	351
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    .  INFANT AND TODDLER SAFETY

     §321-    Short title.  This part shall be known, and may be cited, as the Toxin-Free Keiki Act.

     §321-    Definitions.  As used in this part, unless the context otherwise requires:

     "Bisphenol-A" refers to an estrogen-mimicking endocrine disrupter chemical used in the production of epoxy resins and polycarbonate plastics.

     "Child care article" means all products designed or intended by a manufacturer to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or teething.

     "Phthalates" and "phthalate esters" refer to a group of chemical compounds that are used mainly to plasticize food containers, plastic wrap, toys, shampoos, perfumes, and beauty products.

     "Toy" means a product designed or intended by a manufacturer to be used by children for recreational purposes.

     §321-    Prohibition of manufacture, sale, or distribution of certain toys and child care articles.  Beginning January 1, 2014, no person or legal entity shall manufacture, sell, or distribute any toy or child care article that is:

     (1)  Intended for use by a child under three years of age and contains bisphenol-A;

     (2)  Contains di-2-ethyl hexyl phthalate, di-n-butyl phthalate, or butyl benzyl phthalate in concentrations exceeding 0.1 per cent; or

     (3)  Intended for use by a child under three years of age, is small enough to be placed in a child's mouth, and contains diisononyl phthalate, diisodecyl phthalate, or di-n-octyl phthalate in concentrations exceeding 0.1 per cent.

     §321-    Alternatives to bisphenol-A and phthalates.  Manufacturers shall use the least toxic alternative when replacing bisphenol-A and phthalates in accordance with this part.  Manufacturers shall not replace bisphenol-A and phthalates, pursuant to this part, with either:

     (1)  Carcinogens rated as A, B, or C by the United States Environmental Protection Agency's list of chemicals evaluated for carcinogenic potential; or

     (2)  Reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency."

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-    Packages and packaging containing metals.  (a)  Beginning January 1, 2014, no person or legal entity shall manufacture, sell, or distribute any package or packaging containing levels of lead, cadmium, mercury, and hexavalent chromium present in excess of one hundred parts per million by weight.

     (b)  This section shall apply only to lead, cadmium, mercury, and hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution.

     (c)  As used in this section:

     "Package" means the immediate container or wrapping in which any substance or item is contained for sale or use in the State.

     "Packaging" means any material used to surround, brace, cushion, coat, or hold any substance or item for use or sale in the State."

     SECTION 3.  Chapter 323F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§323F-    Procurement of vinyl intravenous solution bags and tubing prohibited.  (a)  Beginning January 1, 2014, the corporation shall not purchase or use any vinyl intravenous solution bags or vinyl tubing for use in any healthcare application.

     (b)  As used in this section:

     "Vinyl intravenous solution bags" means intravenous solution bags containing any amount of polyvinyl chloride plastic for use in healthcare.

     "Vinyl tubing" means tubing containing any amount of polyvinyl chloride plastic for use in healthcare."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Children; Toxic Substances; Bisphenol-A; Phthalates; Packaging; Metals; Vinyl Intravenous Solution Bags; Vinyl Tubing; Hawaii Heath Systems Corporation

 

Description:

Prohibits the manufacture, sale, or distribution of child care products and toys for young children that contain bisphenol-A or phthalates beginning 1/1/2014.  Requires manufacturers to choose safe alternatives.  Prohibits the use of packages and packaging containing lead, cadmium, mercury, and hexavalent chromium beginning 1/1/2014.  Prohibits the Hawaii health systems corporation from purchasing and using vinyl intravenous solution bags and vinyl tubing beginning 1/1/2014.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.