Report Title:

Children; Products Containing Toxic Substances

 

Description:

Prohibits the manufacture, sale, and distribution of products for young children that contain bisphenol-A or phthalates.  Requires manufacturers to choose safe alternatives.  (HB2449 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2449

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

PROTECTING CHILDREN FROM CERTAIN TOXIC PRODUCTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that chronic diseases such as asthma, autism, birth defects, cancers, developmental disabilities, diabetes, endometriosis, infertility, and Parkinson's disease are increasingly linked to repeated and increased exposure to toxic substances.  Growing children are particularly at risk to chemicals in their environment, as they face greater exposure per pound of body weight and are physiologically more susceptible to chemicals.  Precautionary measures must be taken to protect them.

     A recent United States Centers for Disease Control and Prevention study found that 95 per cent of Americans have detectable levels of bisphenol-A in their bodies.  The observed levels of bisphenol-A were within the range of concentrations known to reliably cause adverse effects in laboratory experiments.  More than 130 studies have suggested that bisphenol-A exposure, even in very low doses, is linked to a staggering number of health problems, including prostate caner, breast cancer, obesity, attention deficit and hyperactivity disorder, brain damage, altered immune system, lowered sperm counts, and early puberty.  Numerous studies have shown that polycarbonate plastics break down and leach bisphenol-A into food or beverages in contact with the plastics.

     Scientific evidence has also shown that phthalates are found in humans at levels associated with adverse effects.  Population studies show that virtually everyone carries some level of phthalates in their body.  The European Union and many countries have restricted the use of phthalates in children’s toys.  The European Union has banned di-2-ethyl hexyl phthalate, di-n-butyl phthalate, and butyl benzyl phthalate in all toys and child care articles and diisononyl phthalate, diisodecyl phthalate, and di-n-octyl phthalate in toys and child care articles that can be put in the mouth.  Prior to the European Union ban, the following countries had also banned phthalates in children’s toys:  Argentina, Austria, Cyprus, Czech Republic, Denmark, Fiji, Finland, Germany, Greece, Italy, Japan, Mexico, Norway, and Sweden.

     The purpose of this Act is to ensure the health and safety of children by prohibiting the manufacture, sale, and distribution of products 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-     Definitions.  As used in this part, unless the context otherwise requires:

     "Bisphenol-A" refers to an estrogen-mimicking endocrine disrupter chemical used in the production of epoxy resins and polycarbonate plastics and is the main ingredient in hard polycarbonate plastics.

     "Child care article" means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or teething.

     "Phthalates" and "phthalate esters" refer to a group of chemical compounds that are mainly used to plasticize some food containers, plastic wrap, toys, shampoos, perfumes, and beauty products.

     "Toy" means all products designed or intended by the manufacturer to be used by children when they play.

     §321-     Prohibition of manufacture, sale, or distribution.  Beginning January 1, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that is:

     (1)  Intended for use by a child under three years of age and contains bisphenol-A;

     (2)  Contains di-2-ethyl hexyl phthalate, di-n-butyl phthalate, or butyl benzyl phthalate in concentrations exceeding 0.1 per cent; or

     (3)  Intended for use by a child under three years of age, can be placed in the 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)  Carcinogens rated as A, B, or C carcinogens in the United States Environmental Protection Agency's list of chemicals evaluated for carcinogenic potential; 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, 2010.