California Seeks to Expand Regulation of Sale of Products With Toxics, Require Take-Back Programs
The One Sentence Summary: A bill now advancing through the California Legislature would significantly expand state regulation of consumer goods to cover all products with certain toxic chemicals, including lead, plasticizers, and “hex chrome,” and would require manufacturers to take back tainted goods for recycling or disposal.
Full Posting:
Proposed legislation (A.B. 1879) would delegate authority to the California Department of Toxic Substances Control (“DTSC”), a branch of CalEPA, to enforce consumer protection laws limiting the content of lead, mercury, cadmium, arsenic, PBDEs, phthalates, and hexavalent chromium. This legislation would expand the relatively new enforcement authority of DTSC to regulate toxic chemicals in children’s products and metallic jewelry.
In addition, the new law, if passed by the full Legislature and signed by Governor Schwarzenegger, would delegate authority to DTSC to require manufacturers to have programs to take back products for recycling or disposal. Such programs being tried by retailers of appliances and consumer electronics could be models. Warning labels on products could also be required by the law. Implementation of the law would have to conform with applicable federal laws and regulations. Violation of the law could be prosecuted criminally.
A.B. 1879 has passed the state Assembly, and was amended in mid-June by the state Senate. A copy of the current version of A.B. 1879 can be obtained here:
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1851-1900/ab_1879_bill_20080617_amended_sen_v96.pdf
As part of its “Green Chemistry” program, CalEPA is including consumer products in its regulatory efforts. Up until two years ago, DTSC focused its efforts on hazardous waste permitting and cleanup. With the adoption of laws in 2006 limiting lead in children’s jewelry and other metallic costume jewelry, and regulating certain toxics in packaging materials, including bags used by retailers, DTSC’s enforcement role has steadily expanded.
Other legislation to ban or limit chemicals in goods sold in the state is also pending. Such bills target bisphenol A and lead in children’s products (S.B. 1713), halogenated flame retardants in consumer products (A.B. 706), and PVC in packaging (A.B. 2502). Another proposed law would have manufacturers list the substances in their consumer products (S.B. 509).
Full Posting:
Proposed legislation (A.B. 1879) would delegate authority to the California Department of Toxic Substances Control (“DTSC”), a branch of CalEPA, to enforce consumer protection laws limiting the content of lead, mercury, cadmium, arsenic, PBDEs, phthalates, and hexavalent chromium. This legislation would expand the relatively new enforcement authority of DTSC to regulate toxic chemicals in children’s products and metallic jewelry.
In addition, the new law, if passed by the full Legislature and signed by Governor Schwarzenegger, would delegate authority to DTSC to require manufacturers to have programs to take back products for recycling or disposal. Such programs being tried by retailers of appliances and consumer electronics could be models. Warning labels on products could also be required by the law. Implementation of the law would have to conform with applicable federal laws and regulations. Violation of the law could be prosecuted criminally.
A.B. 1879 has passed the state Assembly, and was amended in mid-June by the state Senate. A copy of the current version of A.B. 1879 can be obtained here:
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1851-1900/ab_1879_bill_20080617_amended_sen_v96.pdf
As part of its “Green Chemistry” program, CalEPA is including consumer products in its regulatory efforts. Up until two years ago, DTSC focused its efforts on hazardous waste permitting and cleanup. With the adoption of laws in 2006 limiting lead in children’s jewelry and other metallic costume jewelry, and regulating certain toxics in packaging materials, including bags used by retailers, DTSC’s enforcement role has steadily expanded.
Other legislation to ban or limit chemicals in goods sold in the state is also pending. Such bills target bisphenol A and lead in children’s products (S.B. 1713), halogenated flame retardants in consumer products (A.B. 706), and PVC in packaging (A.B. 2502). Another proposed law would have manufacturers list the substances in their consumer products (S.B. 509).
Labels: Consumers
posted by at 7/22/2008
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