SB 797 - An Act to Add and Repeal Chapter 12 (Commencing with Section 108940) of Part 3 of Division 104 of the Health and Safety Code, Relating to Product Safety.

Product safety: bisphenol A. 2009-2010 Legislature. View bill details
Author(s):
Summary:
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 110 of 1%.

Existing law also requires manufacturers to use the least toxic alternative when replacing phthalates in their products and would prohibit manufacturers from… More
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 110 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, 2012, 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 bisphenolA, at a level above 0.1 parts per billion (ppb). It would also, except as specified, prohibit, on and after July 1, 2012, the manufacture, sale, or distribution of liquid infant formula in a can or plastic bottle containing bisphenolA or lined with a material containing it. The bill would also require manufacturers to use the least toxic alternative when replacing bisphenolA 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. Hide
 
Status:
The bill was voted on by the Senate on August 31, 2010. 

An Act to Add and Repeal Chapter 12 (Commencing with Section 108940) of Part 3 of Division 104 of the Health and Safety Code, Relating to Product Safety.

SB 797 — 2009-2010 Legislature

Summary
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 110 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, 2012, 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 bisphenolA, at a level above 0.1 parts per billion (ppb). It would also, except as specified, prohibit, on and after July 1, 2012, the manufacture, sale, or distribution of liquid infant formula in a can or plastic bottle containing bisphenolA or lined with a material containing it. The bill would also require manufacturers to use the least toxic alternative when replacing… More
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 110 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, 2012, 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 bisphenolA, at a level above 0.1 parts per billion (ppb). It would also, except as specified, prohibit, on and after July 1, 2012, the manufacture, sale, or distribution of liquid infant formula in a can or plastic bottle containing bisphenolA or lined with a material containing it. The bill would also require manufacturers to use the least toxic alternative when replacing bisphenolA 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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add and Repeal Chapter 12 (Commencing with Section 108940) of Part 3 of Division 104 of the Health and Safety Code, Relating to Product Safety.
Author(s)
Fran Pavley, Carol Liu
Co-Authors
Subjects
  • Product safety: bisphenol A
Major Actions
Introduced2/27/2009
Referred to Committee
Passed Senate Committee on Environmental Quality4/20/2009
Passed Senate Committee on Health4/29/2009
Passed Senate6/02/2009
Passed Assembly Committee on Environmental Safety and Toxic Materials6/30/2009
Passed Assembly Committee on Health7/07/2009
Failed passage in Assembly9/09/2009
Failed passage in Assembly6/28/2010
Passed Assembly7/01/2010
Passed Assembly7/01/2010
Passed Senate8/25/2010
Failed passage in Senate8/25/2010
Failed passage in Senate8/31/2010
Bill History
Chamber/CommitteeMotionDateResult
select this voteSenate Committee on Environmental QualityDo pass, but re-refer to the Committee on Health.4/20/2009This motion PASSED the Senate Committee on Environmental Quality
5 voted YES 2 voted NO 0 voted present/not voting
select this voteSenate Committee on HealthDo pass.4/29/2009This motion PASSED the Senate Committee on Health
6 voted YES 2 voted NO 3 voted present/not voting
currently selectedSenateSenate 3rd Reading SB797 Pavley6/02/2009This bill PASSED the Senate
21 voted YES 16 voted NO 2 voted present/not voting
select this voteAssembly Committee on Environmental Safety and Toxic MaterialsDo pass and be re-referred to the Committee on Health.6/30/2009This motion PASSED the Assembly Committee on Environmental Safety and Toxic Materials
5 voted YES 2 voted NO 0 voted present/not voting
select this voteAssembly Committee on HealthDo pass as amended.7/07/2009This motion PASSED the Assembly Committee on Health
10 voted YES 6 voted NO 3 voted present/not voting
select this voteAssemblySB 797 Pavley Senate Third Reading By PEREZ, J.9/09/2009This bill DID NOT PASS the Assembly
35 voted YES 32 voted NO 12 voted present/not voting
select this voteAssemblySB 797 Pavley Senate Third Reading By BRADFORD6/28/2010This bill DID NOT PASS the Assembly
37 voted YES 29 voted NO 13 voted present/not voting
select this voteAssemblySB 797 Pavley Motion to Reconsider By BRADFORD7/01/2010This bill PASSED the Assembly
48 voted YES 27 voted NO 4 voted present/not voting
select this voteAssemblySB 797 Pavley Senate Third Reading By BRADFORD7/01/2010This bill PASSED the Assembly
43 voted YES 31 voted NO 5 voted present/not voting
select this voteSenateUnfinished Business SB797 Pavley Reconsider8/25/2010This bill PASSED the Senate
34 voted YES 0 voted NO 5 voted present/not voting
select this voteSenateUnfinished Business SB797 Pavley8/25/2010This bill DID NOT PASS the Senate
18 voted YES 14 voted NO 7 voted present/not voting
select this voteSenateUnfinished Business SB797 Pavley8/31/2010This bill DID NOT PASS the Senate
19 voted YES 18 voted NO 2 voted present/not voting
ActionDateDescription
Introduced2/27/2009
2/27/2009Introduced. To Com. on RLS. for assignment. To print.
3/01/2009From print. May be acted upon on or after March 31.
3/02/2009Read first time.
3/19/2009To Coms. on EQ. and HEALTH.
4/02/2009Set for hearing April 20.
select this voteVote4/20/2009Do pass, but re-refer to the Committee on Health.
4/21/2009From committee: Do pass, but first be re-referred to Com. on HEALTH. (Ayes 5. Noes 2. Page 586.) Re-referred to Com. on HEALTH.
4/23/2009Set for hearing April 29.
select this voteVote4/29/2009Do pass.
4/30/2009From committee: Do pass. (Ayes 6. Noes 2. Page 731.)
5/04/2009Read second time. To third reading.
6/02/2009Read third time. Passed. (Ayes 21. Noes 16. Page 1147.) To Assembly.
6/02/2009In Assembly. Read first time. Held at Desk.
currently selectedSenate Vote on Passage6/02/2009Senate 3rd Reading SB797 Pavley
6/15/2009To Coms. on E.S. & T.M. and HEALTH.
6/25/2009From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E.S. & T.M.
6/30/2009From committee: Do pass, but first be re-referred to Com. on HEALTH. (Ayes 5. Noes 2.) Re-referred to Com. on HEALTH. (Heard in committee on June 30.)
select this voteVote6/30/2009Do pass and be re-referred to the Committee on Health.
select this voteVote7/07/2009Do pass as amended.
7/14/2009From committee: Do pass as amended. (Ayes 10. Noes 6.) (Heard in committee on July 7.)
7/15/2009Read second time. Amended. To second reading.
7/16/2009Read second time. To third reading.
9/09/2009Read third time. Refused passage. (Ayes 35. Noes 32. Page 3230.) Motion to reconsider made by Assembly Member John A. Pérez.
select this voteAssembly Vote on Passage9/09/2009SB 797 Pavley Senate Third Reading By PEREZ, J.
9/10/2009Motion to reconsider continued to next legislative day.
9/11/2009Reconsideration granted. (Page 3380.) Placed on inactive file on request of Assembly Member Torrico.
6/17/2010Notice of motion to remove from inactive file given by Assembly Member Bradford.
6/21/2010From inactive file to third reading file.
6/24/2010Read third time. Amended. (Page 5809.) To third reading.
6/28/2010Read third time. Refused passage. (Ayes 37. Noes 29. Page 5855.) Motion to reconsider made by Assembly Member Bradford.
select this voteAssembly Vote on Passage6/28/2010SB 797 Pavley Senate Third Reading By BRADFORD
6/29/2010Motion to reconsider continued to July 1.
7/01/2010Reconsideration granted. (Ayes 48. Noes 27. Page 5926.) Read third time. Passed. (Ayes 43. Noes 31. Page 5935.) To Senate.
7/01/2010In Senate. To unfinished business.
select this voteAssembly Vote on Passage7/01/2010SB 797 Pavley Motion to Reconsider By BRADFORD
select this voteAssembly Vote on Passage7/01/2010SB 797 Pavley Senate Third Reading By BRADFORD
8/25/2010Senate refuses to concur in Assembly amendments. (Ayes 18. Noes 14. Page 4912.) Motion to reconsider made by Senator Pavley. Reconsideration granted. (Ayes 34. Noes 0. Page 4912.)
select this voteSenate Vote on Passage8/25/2010Unfinished Business SB797 Pavley Reconsider
select this voteSenate Vote on Passage8/25/2010Unfinished Business SB797 Pavley
8/31/2010Senate refuses to concur in Assembly amendments. (Ayes 19. Noes 18. Page 5117.)
select this voteSenate Vote on Passage8/31/2010Unfinished Business SB797 Pavley

Average contributions given to Senators from interest groups that…

supported this bill

114% more
$1,633
$150
$286
$14,611
$0
$4,770
$605
$14,408
$4,389
$0
YES$40,853
$724
$150
$734
$1,719
$0
$566
$0
$11,580
$3,591
$0
NO$19,063

opposed this bill

$1,055
$1,240
$2,371
$571
$845
$2,143
YES$8,226
96% more
$1,725
$3,994
$4,956
$625
$1,602
$3,206
NO$16,109
12 Organizations Supported and 6 Opposed; See Which Ones

Organizations that took a position on
An Act to Add and Repeal Chapter 12 (Commencing with Section 108940) of Part 3 of Division 104 of the Health and Safety Code, Relating to Product Safety.: Senate 3rd Reading SB797 Pavley

12 organizations supported this bill

Asian Health Services
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
California Association of Sanitation Agencies
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
California WIC Association
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
CALPIRG
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
City and County of San Francisco
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
Environmental Working Group
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
International Brotherhood of Teamsters
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
League of Conservation Voters
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
National Nurses United
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
Physicians for Social Responsibility - Los Angeles
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
Planned Parenthood Action Funds in California
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
Service Employees International Union
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.

6 organizations opposed this bill

American Chemistry Council
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
California Chamber of Commerce
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
California Grocers Association
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
Can Manufacturers Institute
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
Civil Justice Association of California
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.
Grocery Manufacturers Association
Senate Rules Committee (2009, June 2). Bill Analysis SB 797 6-2-2009. Retrieved September 21, 2010, from Leg Info.

Need proof?

View citations of support and opposition

Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$13,600$5,250No
Elaine AlquistDCA-13$39,150$1,000Yes
Roy AshburnRCA-18$0$0No
John BenoitRCA-37$15,100$8,100No
Ron CalderonDCA-30$16,000$28,050No
Gilbert CedilloDCA-22$16,900$6,000Yes
Dave CogdillRCA-14$25,050$23,900No
Ellen CorbettDCA-10$46,300$12,400Yes
Lou CorreaDCA-34$32,000$36,396Yes
Dave CoxRCA-1$7,900$5,000No
Mark DeSaulnierDCA-7$49,030$8,000Yes
Jeff DenhamRCA-12$22,050$23,600No
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$13,350$13,750No
Dean FlorezDCA-16$4,000$1,500Yes
Loni HancockDCA-9$52,100$5,600Yes
Tom HarmanRCA-35$16,500$18,483No
Dennis HollingsworthRCA-36$1,500$4,000No
Bob HuffRCA-29$3,490$15,805No
Christine KehoeDCA-39$27,950$2,500Yes
Mark LenoDCA-3$70,450$5,500Yes
Carol LiuDCA-21$25,828$5,500Yes
Alan LowenthalDCA-27$16,050$1,000Yes
Abel MaldonadoRCA-15$13,672$66,500Not Voting
Gloria Negrete McLeodDCA-32$42,550$29,975No
Jenny OropezaDCA-28$21,550$3,000Yes
Alex PadillaDCA-20$71,250$24,647Yes
Fran PavleyDCA-23$49,900$3,000Yes
Gloria RomeroDCA-24$20,450$250Yes
George RunnerRCA-17$30,173$13,000No
Joe SimitianDCA-11$33,175$3,000Yes
Darrell SteinbergDCA-6$127,781$18,550Yes
Tony StricklandRCA-19$48,450$47,000Not Voting
Mimi WaltersRCA-33$46,600$29,400No
Pat WigginsDCA-2$11,600$1,000Yes
Lois WolkDCA-5$78,890$5,750Yes
Rod WrightDCA-25$35,450$30,027No
Mark WylandRCA-38$15,700$9,400No
Leland YeeDCA-8$63,560$28,150Yes

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$13,600$5,250No
Elaine AlquistDCA-13$39,150$1,000Yes
Roy AshburnRCA-18$0$0No
John BenoitRCA-37$15,100$8,100No
Ron CalderonDCA-30$16,000$28,050No
Gilbert CedilloDCA-22$16,900$6,000Yes
Dave CogdillRCA-14$25,050$23,900No
Ellen CorbettDCA-10$46,300$12,400Yes
Lou CorreaDCA-34$32,000$36,396Yes
Dave CoxRCA-1$7,900$5,000No
Mark DeSaulnierDCA-7$49,030$8,000Yes
Jeff DenhamRCA-12$22,050$23,600No
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$13,350$13,750No
Dean FlorezDCA-16$4,000$1,500Yes
Loni HancockDCA-9$52,100$5,600Yes
Tom HarmanRCA-35$16,500$18,483No
Dennis HollingsworthRCA-36$1,500$4,000No
Bob HuffRCA-29$3,490$15,805No
Christine KehoeDCA-39$27,950$2,500Yes
Mark LenoDCA-3$70,450$5,500Yes
Carol LiuDCA-21$25,828$5,500Yes
Alan LowenthalDCA-27$16,050$1,000Yes
Abel MaldonadoRCA-15$13,672$66,500Not Voting
Gloria Negrete McLeodDCA-32$42,550$29,975No
Jenny OropezaDCA-28$21,550$3,000Yes
Alex PadillaDCA-20$71,250$24,647Yes
Fran PavleyDCA-23$49,900$3,000Yes
Gloria RomeroDCA-24$20,450$250Yes
George RunnerRCA-17$30,173$13,000No
Joe SimitianDCA-11$33,175$3,000Yes
Darrell SteinbergDCA-6$127,781$18,550Yes
Tony StricklandRCA-19$48,450$47,000Not Voting
Mimi WaltersRCA-33$46,600$29,400No
Pat WigginsDCA-2$11,600$1,000Yes
Lois WolkDCA-5$78,890$5,750Yes
Rod WrightDCA-25$35,450$30,027No
Mark WylandRCA-38$15,700$9,400No
Leland YeeDCA-8$63,560$28,150Yes

Interest Groups that supported this bill

$ Donated
Physicians$525,220
Health worker unions$335,331
Health care services$172,878
Teamsters unions$109,230
Environmental policy$45,890
Municipal & county government organizations$17,750
Children's rights$12,700
Minority & ethnic groups$6,050
Commercial service unions$0
Consumer groups$0

Interest Groups that opposed this bill

$ Donated
Food stores$194,200
Food & kindred products manufacturing$112,800
Chambers of commerce$110,655
Chemicals$52,750
Pro-business organizations$50,577
Metal cans & containers$23,000
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