OLR Bill Analysis

sHB 5601

AN ACT BANNING CHILDREN'S PRODUCTS CONTAINING LEAD, PHTHALATES OR BISPHENOL-A.

SUMMARY:

This bill (1) bans children's toys and articles that contain lead and certain other chemical compounds and (2) authorizes the Department of Environmental Protection (DEP) commissioner to take part in an interstate clearinghouse to classify chemicals according to the risks they pose.

EFFECTIVE DATE: July 1, 2009, except the interstate clearinghouse provision is effective upon passage.

BAN ON CERTAIN TOYS AND OTHER CHILDREN'S PRODUCTS

The law prohibits the introduction or delivery into commerce of a banned hazardous substance (CGS § 21a-337). By law, this includes a toy or other article intended for children's use that contains a hazardous substance (CGS § 21a-335(p)). The bill specifically defines as a hazardous substance in this context, a toy or other article:

By law, a first-time violation is a class C misdemeanor, punishable by up to three months in prison, a fine of up to $ 500, or both. A subsequent offense or offense committed with intent to defraud or mislead is an unclassified misdemeanor punishable by up to one year in prison, a fine of up to $ 3,000, or both.

INTERSTATE CLEARINGHOUSE

The bill authorizes the commissioner to participate in an interstate clearinghouse to (1) classify chemicals used in commercial products according to whether they are of high, moderate, low, or unknown concern and (2) organize and manage available data on chemicals. The data must include information on their use, hazards, and environmental concerns. The commissioner, through the clearinghouse, may also (1) produce and inventory information on (a) safe alternatives to specific chemical uses and (b) model policies and programs related to these alternatives and (2) provide technical assistance to businesses and consumers regarding safer chemical alternatives. She may participate in other related activities.

BACKGROUND

Bisphenol-A

Bisphenol-A is an industrial chemical used to make polycarbonate plastics found in such products as beverage containers, compact discs, protective food can linings, plastic dinnerware, and epoxy resins. In laboratory animal tests, it has been shown to have hormone-like effects on the reproductive system.

Phthalates

Phthalates are a group of chemicals used primarily to add flexibility to plastics. DEHP, for example, is used in polyvinyl chloride (PVC) plastics, including medical supplies and tubing. Tests of laboratory animals have shown that exposure to DEHP can cause adverse effects on development and reproduction. The European Parliament has banned the use of DEHP, DBP, and BBP in children's toys or childcare articles. It has restricted the use of DINP, DIDP, and DNOP to toys and childcare articles that cannot be placed in the mouth.

Legislative History

The House referred the bill (File 110) to the Appropriations Committee, which eliminated provisions requiring the (1) DEP commissioner to compile a list of harmful chemicals and (2) UConn Board of Trustees to establish an Innovation Institute to help Connecticut industries evaluate hazardous substances. It also (1) eliminated language restricting the ban on certain items capable of being placed in a child's mouth to those items marketed for the use by children under age three, (2) postponed the effective date of the product ban by six months, (3) moved up the date that the commissioner may take part in the clearinghouse, and (4) made conforming changes.

COMMITTEE ACTION

Environment Committee

Joint Favorable

Appropriations Committee

Joint Favorable Substitute