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.

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

• Alex Padilla
• Gloria Romero
• Jared Huffman
• Fiona Ma

Subjects

• Product safety: bisphenol A

Major Actions

Introduced	2/27/2009
Referred to Committee
Passed Senate Committee on Environmental Quality	4/20/2009
Passed Senate Committee on Health	4/29/2009
Passed Senate	6/02/2009
Passed Assembly Committee on Environmental Safety and Toxic Materials	6/30/2009
Passed Assembly Committee on Health	7/07/2009
Failed passage in Assembly	9/09/2009
Failed passage in Assembly	6/28/2010
Passed Assembly	7/01/2010
Passed Assembly	7/01/2010
Passed Senate	8/25/2010
Failed passage in Senate	8/25/2010
Failed passage in Senate	8/31/2010

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Senate Committee on Environmental Quality	Do pass, but re-refer to the Committee on Health.	4/20/2009	This motion PASSED the Senate Committee on Environmental Quality 5 voted YES 2 voted NO 0 voted present/not voting
select this vote	Senate Committee on Health	Do pass.	4/29/2009	This motion PASSED the Senate Committee on Health 6 voted YES 2 voted NO 3 voted present/not voting
select this vote	Senate	Senate 3rd Reading SB797 Pavley	6/02/2009	This bill PASSED the Senate 21 voted YES 16 voted NO 2 voted present/not voting
select this vote	Assembly Committee on Environmental Safety and Toxic Materials	Do pass and be re-referred to the Committee on Health.	6/30/2009	This motion PASSED the Assembly Committee on Environmental Safety and Toxic Materials 5 voted YES 2 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Health	Do pass as amended.	7/07/2009	This motion PASSED the Assembly Committee on Health 10 voted YES 6 voted NO 3 voted present/not voting
select this vote	Assembly	SB 797 Pavley Senate Third Reading By PEREZ, J.	9/09/2009	This bill DID NOT PASS the Assembly 35 voted YES 32 voted NO 12 voted present/not voting
select this vote	Assembly	SB 797 Pavley Senate Third Reading By BRADFORD	6/28/2010	This bill DID NOT PASS the Assembly 37 voted YES 29 voted NO 13 voted present/not voting
select this vote	Assembly	SB 797 Pavley Motion to Reconsider By BRADFORD	7/01/2010	This bill PASSED the Assembly 48 voted YES 27 voted NO 4 voted present/not voting
select this vote	Assembly	SB 797 Pavley Senate Third Reading By BRADFORD	7/01/2010	This bill PASSED the Assembly 43 voted YES 31 voted NO 5 voted present/not voting
select this vote	Senate	Unfinished Business SB797 Pavley Reconsider	8/25/2010	This bill PASSED the Senate 34 voted YES 0 voted NO 5 voted present/not voting
currently selected	Senate	Unfinished Business SB797 Pavley	8/25/2010	This bill DID NOT PASS the Senate 18 voted YES 14 voted NO 7 voted present/not voting
select this vote	Senate	Unfinished Business SB797 Pavley	8/31/2010	This bill DID NOT PASS the Senate 19 voted YES 18 voted NO 2 voted present/not voting

	Action	Date	Description
	Introduced	2/27/2009
		2/27/2009	Introduced. To Com. on RLS. for assignment. To print.
		3/01/2009	From print. May be acted upon on or after March 31.
		3/02/2009	Read first time.
		3/19/2009	To Coms. on EQ. and HEALTH.
		4/02/2009	Set for hearing April 20.
select this vote	Vote	4/20/2009	Do pass, but re-refer to the Committee on Health.
		4/21/2009	From committee: Do pass, but first be re-referred to Com. on HEALTH. (Ayes 5. Noes 2. Page 586.) Re-referred to Com. on HEALTH.
		4/23/2009	Set for hearing April 29.
select this vote	Vote	4/29/2009	Do pass.
		4/30/2009	From committee: Do pass. (Ayes 6. Noes 2. Page 731.)
		5/04/2009	Read second time. To third reading.
		6/02/2009	Read third time. Passed. (Ayes 21. Noes 16. Page 1147.) To Assembly.
		6/02/2009	In Assembly. Read first time. Held at Desk.
select this vote	Senate Vote on Passage	6/02/2009	Senate 3rd Reading SB797 Pavley
		6/15/2009	To Coms. on E.S. & T.M. and HEALTH.
		6/25/2009	From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E.S. & T.M.
		6/30/2009	From 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 vote	Vote	6/30/2009	Do pass and be re-referred to the Committee on Health.
select this vote	Vote	7/07/2009	Do pass as amended.
		7/14/2009	From committee: Do pass as amended. (Ayes 10. Noes 6.) (Heard in committee on July 7.)
		7/15/2009	Read second time. Amended. To second reading.
		7/16/2009	Read second time. To third reading.
		9/09/2009	Read third time. Refused passage. (Ayes 35. Noes 32. Page 3230.) Motion to reconsider made by Assembly Member John A. Pérez.
select this vote	Assembly Vote on Passage	9/09/2009	SB 797 Pavley Senate Third Reading By PEREZ, J.
		9/10/2009	Motion to reconsider continued to next legislative day.
		9/11/2009	Reconsideration granted. (Page 3380.) Placed on inactive file on request of Assembly Member Torrico.
		6/17/2010	Notice of motion to remove from inactive file given by Assembly Member Bradford.
		6/21/2010	From inactive file to third reading file.
		6/24/2010	Read third time. Amended. (Page 5809.) To third reading.
		6/28/2010	Read third time. Refused passage. (Ayes 37. Noes 29. Page 5855.) Motion to reconsider made by Assembly Member Bradford.
select this vote	Assembly Vote on Passage	6/28/2010	SB 797 Pavley Senate Third Reading By BRADFORD
		6/29/2010	Motion to reconsider continued to July 1.
		7/01/2010	Reconsideration granted. (Ayes 48. Noes 27. Page 5926.) Read third time. Passed. (Ayes 43. Noes 31. Page 5935.) To Senate.
		7/01/2010	In Senate. To unfinished business.
select this vote	Assembly Vote on Passage	7/01/2010	SB 797 Pavley Motion to Reconsider By BRADFORD
select this vote	Assembly Vote on Passage	7/01/2010	SB 797 Pavley Senate Third Reading By BRADFORD
		8/25/2010	Senate 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 vote	Senate Vote on Passage	8/25/2010	Unfinished Business SB797 Pavley Reconsider
currently selected	Senate Vote on Passage	8/25/2010	Unfinished Business SB797 Pavley
		8/31/2010	Senate refuses to concur in Assembly amendments. (Ayes 19. Noes 18. Page 5117.)
select this vote	Senate Vote on Passage	8/31/2010	Unfinished Business SB797 Pavley