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

Total contributions given to Senators within 30 days of the vote "Senate 3rd Reading SB797 Pavley" from interest groups that…

supported this bill

Physicians
Health care services
Children's rights
Health worker unions
Municipal & county government organizations
Teamsters unions
Commercial service unions
Consumer groups
Environmental policy
Minority & ethnic groups

opposed this bill

Food stores
Pro-business organizations
Chambers of commerce
Food & kindred products manufacturing
Chemicals
Metal cans & containers
Date Range of Contributions
Within days of the vote "Senate 3rd Reading SB797 Pavley"
ContributorInterest groupAmountDatesort iconSenate memberPartyDistrictVote
California Medical AssociationPhysicians$1,5005/5/09Mimi WaltersRCA-33No
California Medical AssociationPhysicians$1,0005/5/09Tom HarmanRCA-35No
SafewayFood stores$1,0005/7/09Lou CorreaDCA-34Yes
California Chamber of CommerceChambers of commerce$1,0005/8/09John BenoitRCA-37No
California Nurses Association/National Nurses Organizing CmteHealth worker unions$5005/11/09Gloria Negrete McLeodDCA-32No
California Academy of Family PhysiciansPhysicians$1,0005/14/09Tony StricklandRCA-19Not Voting
California Association of Community ManagersMunicipal & county government organizations$1,5005/18/09Tom HarmanRCA-35No
SafewayFood stores$1,0005/18/09Alex PadillaDCA-20Yes
California Nurses Association/National Nurses Organizing CmteHealth worker unions$5005/21/09Darrell SteinbergDCA-6Yes
California Medical AssociationPhysicians$1,5005/22/09Gloria RomeroDCA-24Yes
California Nurses Association/National Nurses Organizing CmteHealth worker unions$1,0005/26/09Ellen CorbettDCA-10Yes
California Grocers AssociationFood stores$1,0005/29/09Bob HuffRCA-29No
California Grocers AssociationFood stores$1,0006/1/09Lou CorreaDCA-34Yes
California Medical AssociationPhysicians$6006/1/09Ellen CorbettDCA-10Yes
California Medical AssociationPhysicians$4006/1/09Ellen CorbettDCA-10Yes
California Nurses Association/National Nurses Organizing CmteHealth worker unions$5006/1/09Fran PavleyDCA-23Yes
California Medical AssociationPhysicians$2,1006/2/09Mark WylandRCA-38No
California Medical AssociationPhysicians$1,8006/2/09Mark WylandRCA-38No
California Nurses Association/National Nurses Organizing CmteHealth worker unions$5006/2/09Loni HancockDCA-9Yes
International Brotherhood of TeamstersTeamsters unions$5006/8/09Alex PadillaDCA-20Yes
Union of American Physicians & DentistsHealth worker unions$1,0006/8/09Loni HancockDCA-9Yes
California Grocers AssociationFood stores$1,0006/9/09Leland YeeDCA-8Yes
California Nurses Association/National Nurses Organizing CmteHealth worker unions$5006/9/09Leland YeeDCA-8Yes
International Brotherhood of TeamstersTeamsters unions$3006/9/09Leland YeeDCA-8Yes
International Brotherhood of TeamstersTeamsters unions$2006/9/09Leland YeeDCA-8Yes
Teamsters Local 853Teamsters unions$2506/10/09Loni HancockDCA-9Yes
California Ambulance AssociationHealth care services$7006/11/09Darrell SteinbergDCA-6Yes
California Ambulance AssociationHealth care services$3006/11/09Darrell SteinbergDCA-6Yes
California Nurses Association/National Nurses Organizing CmteHealth worker unions$5006/18/09Jenny OropezaDCA-28Yes
Mazzotta, LaurencePhysicians$1006/18/09Lois WolkDCA-5Yes
California Grocers AssociationFood stores$1,0006/22/09Tony StricklandRCA-19Not Voting
Chung, Tai BongFood stores$506/24/09Leland YeeDCA-8Yes
California Grocers AssociationFood stores$1,0006/25/09Rod WrightDCA-25No
California Medical AssociationPhysicians$1,0006/25/09Fran PavleyDCA-23Yes
California Medical AssociationPhysicians$6006/25/09Jenny OropezaDCA-28Yes
Chung, Tai BongFood stores$1006/28/09Leland YeeDCA-8Yes
California Ambulance AssociationHealth care services$1,5006/29/09Tom HarmanRCA-35No
California Independent Grocers AssociationFood stores$5006/29/09Tom HarmanRCA-35No
California Medical AssociationPhysicians$1,0006/29/09Tom HarmanRCA-35No
Ems Management LlcHealth care services$1,5006/29/09John BenoitRCA-37No
Kraft FoodsFood & kindred products manufacturing$2,0006/29/09Tom HarmanRCA-35No
Union of American Physicians & DentistsHealth worker unions$1,0006/29/09Ellen CorbettDCA-10Yes
American Chemistry CouncilChemicals$1,5006/30/09Tony StricklandRCA-19Not Voting
California Grocers AssociationFood stores$1,0006/30/09Mark WylandRCA-38No
California Medical AssociationPhysicians$1,0006/30/09Lois WolkDCA-5Yes
California Nurses Association/National Nurses Organizing CmteHealth worker unions$5006/30/09Mark LenoDCA-3Yes
Ems Management LlcHealth care services$2,5006/30/09Tony StricklandRCA-19Not Voting
Vitas Hospice ServicesHealth care services$1,0006/30/09Tony StricklandRCA-19Not Voting
Ems Management LlcHealth care services$2,5007/1/09Darrell SteinbergDCA-6Yes
SafewayFood stores$1,0007/1/09Ellen CorbettDCA-10Yes
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, May 3, 2009 – July 2, 2009.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$0$0No
Elaine AlquistDCA-13$0$0Yes
Roy AshburnRCA-18$0$0No
John BenoitRCA-37$1,500$1,000No
Ron CalderonDCA-30$0$0No
Gilbert CedilloDCA-22$0$0Yes
Dave CogdillRCA-14$0$0No
Ellen CorbettDCA-10$3,000$1,000Yes
Lou CorreaDCA-34$1,500$3,000Yes
Dave CoxRCA-1$0$0No
Mark DeSaulnierDCA-7$0$0Yes
Jeff DenhamRCA-12$0$0No
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$0$0No
Dean FlorezDCA-16$0$0Yes
Loni HancockDCA-9$1,750$0Yes
Tom HarmanRCA-35$5,100$3,500No
Dennis HollingsworthRCA-36$0$0No
Bob HuffRCA-29$0$2,800No
Christine KehoeDCA-39$0$0Yes
Mark LenoDCA-3$500$0Yes
Carol LiuDCA-21$0$0Yes
Alan LowenthalDCA-27$0$0Yes
Abel MaldonadoRCA-15$0$0Not Voting
Gloria Negrete McLeodDCA-32$500$3,275No
Jenny OropezaDCA-28$1,100$0Yes
Alex PadillaDCA-20$1,500$2,000Yes
Fran PavleyDCA-23$1,500$0Yes
Gloria RomeroDCA-24$8,100$0Yes
George RunnerRCA-17$0$0No
Joe SimitianDCA-11$0$0Yes
Darrell SteinbergDCA-6$5,000$0Yes
Tony StricklandRCA-19$4,500$2,500Not Voting
Mimi WaltersRCA-33$1,500$0No
Pat WigginsDCA-2$0$0Yes
Lois WolkDCA-5$1,100$0Yes
Rod WrightDCA-25$0$1,000No
Mark WylandRCA-38$3,900$1,000No
Leland YeeDCA-8$1,000$1,150Yes

Add Data Filters:

Legislator Filters
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NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$0$0No
Elaine AlquistDCA-13$0$0Yes
Roy AshburnRCA-18$0$0No
John BenoitRCA-37$1,500$1,000No
Ron CalderonDCA-30$0$0No
Gilbert CedilloDCA-22$0$0Yes
Dave CogdillRCA-14$0$0No
Ellen CorbettDCA-10$3,000$1,000Yes
Lou CorreaDCA-34$1,500$3,000Yes
Dave CoxRCA-1$0$0No
Mark DeSaulnierDCA-7$0$0Yes
Jeff DenhamRCA-12$0$0No
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$0$0No
Dean FlorezDCA-16$0$0Yes
Loni HancockDCA-9$1,750$0Yes
Tom HarmanRCA-35$5,100$3,500No
Dennis HollingsworthRCA-36$0$0No
Bob HuffRCA-29$0$2,800No
Christine KehoeDCA-39$0$0Yes
Mark LenoDCA-3$500$0Yes
Carol LiuDCA-21$0$0Yes
Alan LowenthalDCA-27$0$0Yes
Abel MaldonadoRCA-15$0$0Not Voting
Gloria Negrete McLeodDCA-32$500$3,275No
Jenny OropezaDCA-28$1,100$0Yes
Alex PadillaDCA-20$1,500$2,000Yes
Fran PavleyDCA-23$1,500$0Yes
Gloria RomeroDCA-24$8,100$0Yes
George RunnerRCA-17$0$0No
Joe SimitianDCA-11$0$0Yes
Darrell SteinbergDCA-6$5,000$0Yes
Tony StricklandRCA-19$4,500$2,500Not Voting
Mimi WaltersRCA-33$1,500$0No
Pat WigginsDCA-2$0$0Yes
Lois WolkDCA-5$1,100$0Yes
Rod WrightDCA-25$0$1,000No
Mark WylandRCA-38$3,900$1,000No
Leland YeeDCA-8$1,000$1,150Yes

Interest Groups that supported this bill

$ Donated
Physicians$15,200
Health care services$10,000
Children's rights$8,600
Health worker unions$6,500
Municipal & county government organizations$1,500
Teamsters unions$1,250
Minority & ethnic groups$0
Environmental policy$0
Consumer groups$0
Commercial service unions$0

Interest Groups that opposed this bill

$ Donated
Food stores$9,650
Pro-business organizations$4,275
Chambers of commerce$3,800
Food & kindred products manufacturing$3,000
Chemicals$1,500
Metal cans & containers$0
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