Bill Text: HI SB383 | 2014 | Regular Session | Introduced
Bill Title: Children; Toxic Substances; Bisphenol A; Phthalates
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB383 Detail]
Download: Hawaii-2014-SB383-Introduced.html
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THE SENATE |
S.B. NO. |
383 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TOXIC PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that conditions such as asthma, diseases such as cancer, and developmental disabilities, are linked to exposure to toxic substances. Growing children are particularly at risk in this regard, as they are physiologically more susceptible to chemicals. Precautionary measures must be taken to protect them.
Bisphenol A is an industrial chemical that is used in packaging and plastic bottles. Bisphenol A in plastics and packaging materials can transfer to liquids and foods and additional amounts of bisphenol A are transferred when hot or boiling foods or liquids come in contact with packaging made of bisphenol A. Some animal studies have shown that exposure to bisphenol A may be linked to health problems such as diabetes, cardiovascular disease, and reproductive disorders.
In July 2012, the United States Food and Drug Administration banned the use of bisphenol A in infant feeding bottles and spill-proof cups known as "sippy cups", including their closures and lids, designed to help train babies and toddlers to drink from cups, 21 Code of Federal Regulations section 177.1580. This decision was made in response to a petition that the American Chemistry Council filed because manufacturers had stopped using bisphenol A in baby bottles and sippy cups. However, the decision did not include banning the use of bisphenol A in products such as baby formula containers.
Phthalates are chemicals often used in the manufacture of plastics to make plastics softer. Phthalates are used in products such as cosmetics, industrial solvents, food containers, and adhesives. Animal studies have shown that phthalates can affect the development of the reproductive systems of the young, especially males. The European Union has banned certain phthalates in toys and children's products that might be placed in the mouth at levels greater than 0.1 per cent of total object weight. In the United States, the Consumer Product Safety Improvement Act of 2008, P.L. 110-314, prohibited the manufacture, sale, distribution, or importation of any children's toy or child care article that contains concentrations of more than 0.1 per cent of di-2-ethyl hexyl phthalate, dibutyl phthalate, or benzyl butyl phthalate. The Act also prohibited, on an interim basis, the manufacture, sale, distribution, or importation of any children's toy that can be placed in a child's mouth or child care article that contains concentrations of more than 0.1 per cent of diisononyl phthalate, diisodecyl phthalate, or di-n-octyl phthalate. The Act defined: (1) "children's toy" as a consumer product designed or intended by the manufacturer for a child twelve years of age or younger for use by the child when the child plays; and (2) "child care article" as a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age three and younger, or to help children with sucking or teething. The Act was amended in 2011, P.L. 112-28, to clarify that the permanent and interim bans applied to any plasticized component part of a children's toy or child care article or any other component part of a children's toy or child care article that is made of other materials that may contain phthalates, but did not apply to any component part of a children's toy or child care article that is not accessible to a child through normal and reasonably foreseeable use and abuse.
The legislature finds that it is in the best interest of Hawaii's children to significantly reduce their exposure to bisphenol A and phthalates as early as possible, and ultimately, eliminate exposure altogether.
The purpose of this Act is to promote the health and safety of children by prohibiting the manufacture, sale, and distribution of child care articles and toys for young children that contain bisphenol A or phthalates and requiring manufacturers to choose safe alternatives.
SECTION 2. 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 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" refers to a group of chemical compounds that are used to plasticize food containers, and are also found in products such as shampoos, perfumes, and cosmetics.
"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. 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; or
(2) 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) Substances with the following cancer weight-of-evidence descriptors: carcinogenic to humans; likely to be carcinogenic to humans; or suggestive evidence of carcinogenic potential, as described by the Environmental Protection Agency's guidelines for carcinogenic risk assessment; or
(2) Reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency."
SECTION 3. This Act shall take effect on July 1, 2013.
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INTRODUCED BY: |
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Report Title:
Children; Toxic Substances; Bisphenol A; Phthalates
Description:
Prohibits the manufacture, sale, or distribution of child care products and toys for young children that contain bisphenol A or phthalates. Requires manufacturers to choose the least toxic alternatives.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
