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
currently selectedSenate 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
select this voteSenateSenate 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.
currently selectedVote4/20/2009Do 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.
select this voteSenate 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 motion

143% more
$3,960
$18,180
$420
$0
$12,075
$320
$0
$1,640
YES$36,595
$0
$0
$0
$0
$12,462
$2,625
$0
$0
NO$15,087

opposed this motion

Food stores [About]
Pro-business organizations [About]
Chemicals [About]
Average given to Senators who voted:
$300
$1,500
$400
YES$2,200
9% less
$0
$1,500
$500
NO$2,000
9 Organizations Supported and 3 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.: Do pass, but re-refer to the Committee on Health.

9 organizations supported this motion

California WIC Association
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
Consumer Federation of California
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
Environmental Working Group
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
National Nurses United
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
Physicians for Social Responsibility
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
Planned Parenthood Action Funds in California
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
Service Employees International Union
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
Sierra Club California
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
Women's Foundation of California
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.

3 organizations opposed this motion

American Chemistry Council
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
California Grocers Association
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. Retrieved September 21, 2010, from Leg Info.
Civil Justice Association of California
Senate Committee on Environmental Quality (2009, April 20). Bill Analysis SB 797 4-20-2009. 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
Roy AshburnRCA-18$0$0No
Ellen CorbettDCA-10$36,800$3,500Yes
Loni HancockDCA-9$48,950$3,500Yes
Alan LowenthalDCA-27$14,050$1,000Yes
Fran PavleyDCA-23$53,500$0Yes
George RunnerRCA-17$30,173$4,000No
Joe SimitianDCA-11$29,675$3,000Yes

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Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Roy AshburnRCA-18$0$0No
Ellen CorbettDCA-10$36,800$3,500Yes
Loni HancockDCA-9$48,950$3,500Yes
Alan LowenthalDCA-27$14,050$1,000Yes
Fran PavleyDCA-23$53,500$0Yes
George RunnerRCA-17$30,173$4,000No
Joe SimitianDCA-11$29,675$3,000Yes

Interest Groups that supported this motion

$ Donated
Health worker unions$90,900
Physicians$85,298
Environmental policy$19,800
Women's issues$8,200
Health care services$6,850
Children's rights$2,100
Consumer groups$0
Commercial service unions$0

Interest Groups that opposed this motion

$ Donated
Food stores$10,500
Pro-business organizations$3,000
Chemicals$1,500
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