Connecticut Seal

General Assembly

 

Raised Bill No. 5036

February Session, 2014

 

LCO No. 441

 

*00441_______KID*

Referred to Committee on COMMITTEE ON CHILDREN

 

Introduced by:

 

(KID)

 

AN ACT CONCERNING CHILDREN'S PRODUCTS AND CHEMICALS OF HIGH CONCERN.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) For purposes of this section and sections 2 and 3 of this act:

(1) "Chemical" means (A) a substance with a distinct molecular composition, or (B) a group of structurally-related substances. "Chemical" includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism;

(2) "Priority chemical" means a chemical identified by the Commissioner of Public Health that is known, on the basis of credible scientific evidence, to: (A) Harm the normal development of a fetus or child or cause other developmental toxicity; (B) cause cancer, genetic damage or reproductive harm; (C) disrupt the endocrine system; (D) damage the nervous system, immune system or organs or cause other systemic toxicity; (E) be persistent, bioaccumulative and toxic; or (F) be very persistent and very bioaccumulative;

(3) "Very bioaccumulative" means having a bioconcentration factor or bioaccumulation factor equal to or greater than five thousand, or having a log Kow greater than 5.0;

(4) "Very persistent" means having (A) a half-life in soil or sediment greater than one hundred eighty days; or (B) a half-life equal to or greater than sixty days in water or evidence of long-range transport; and

(5) "Consumer product" means any item sold for residential or commercial use, including any component parts and packaging, that is sold for: (A) Use in a residence, child care facility, licensed pursuant to section 17a-145 of the general statutes, or school, as defined in subsection (g) of section 10-233a of the general statutes, or (B) outdoor residential use, if any child twelve years of age or younger may have direct contact with the item. "Consumer product" does not include (i) a food or beverage or an additive to a food or beverage, a tobacco product or a pesticide regulated by the United States Environmental Protection Agency, (ii) a drug or biologic regulated by the United States Department of Health and Human Services or federal Food and Drug Administration or the packaging of a drug or biologic regulated by the federal Food and Drug Administration if the packaging is also regulated by the federal Food and Drug Administration, or (iii) an item sold for outdoor residential use that includes composite material made from polyester resins.

Sec. 2. (NEW) (Effective from passage) (a) Not later than January 1, 2015, the Commissioner of Public Health, in consultation with the Commissioner of Energy and Environmental Protection and the Commissioner of Consumer Protection, shall create a list of priority chemicals that are of high concern to children after considering a child's or developing fetus's potential for exposure to each chemical. Said commissioners may include chemicals that (1) are listed on the state of Maine Department of Environmental Protection's Chemicals of High Concern list and the state of Washington Department of Health's Chemicals of High Concern for Children list, or (2) meet one or more of the following criteria: (A) The chemical has been found through biomonitoring studies that demonstrate the presence of the chemical in human umbilical cord blood, breast milk, urine or other bodily tissues or fluids; (B) the chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water or elsewhere in the home environment; or (C) the chemical has been intentionally added to or is present in a consumer product.

(b) Not later than January 1, 2017, and biennially thereafter, said commissioners shall review and revise the list of priority chemicals and shall consider adding chemicals that meet the criteria set forth in subdivisions (1) and (2) of subsection (a) of this section or removing chemicals based upon emerging information.

Sec. 3. (NEW) (Effective from passage) Not later than July 1, 2015, and biennially thereafter, the Commissioner of Public Health shall submit, in accordance with the provisions of section 11-4a of the general statutes, a report to the joint standing committee of the General Assembly having cognizance of matters relating to public health. Such report shall include: (1) Recommendations for reducing the exposure of children to priority chemicals; (2) a list of consumer products containing priority chemicals; (3) a summary of actions taken in other states to assess the risks and alter the uses and releases of priority chemicals; (4) an evaluation of the effects of reporting requirements, product labeling, public advisories, phase-outs and bans on protecting children from priority chemicals; and (5) an assessment of the feasibility of implementing phase-outs and bans on certain priority chemicals within the state.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

from passage

New section

Sec. 3

from passage

New section

Statement of Purpose:

To require the Commissioner of Public Health to identify chemicals of high concern to children.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]