SB2239 SD1

SECTION 1. The legislature finds that phthalates, a class of chemicals used in polyvinyl chloride plastic to improve flexibility and in cosmetics to bind fragrance to the product, are also used in many products intended for use by infants and young children, including teethers, toys, and soft plastic books. There is extensive scientific literature reporting the hormone-disrupting effect of phthalates and substantial evidence that levels of the phthalates of concern are found in humans at levels associated with adverse effects. Population studies show that virtually everyone carries some level of phthalates in their body. For the general population, the oral route of exposure is considered a major route.

The purpose of this Act is to prohibit the manufacture, sale, or distribution of certain toys and child care articles containing bisphenol-A or specific types of phthalates in concentrations exceeding 0.1 per cent and to require manufacturers to use safer alternatives when replacing phthalates in their products.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

PHTHALATES

§ -1 Definitions. As used in this chapter:

"Child care article" means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children under the age of three or to help children under the age of three with sucking or teething.

"Phthalates" or "phthalate esters" means the group of chemical compounds that are mainly used to plasticize soft plastic polyvinyl chloride bath toys, teething rings, bath books, and other toys and child care articles for infants and young children.

"Toy" means any product designed or intended by the manufacturer to be used by a child at play.

§ -2 Prohibition of manufacture, sale, or distribution. Beginning January 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that:

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

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

(3) Is intended for use by a child under three years of age if that product can be placed in the child’s mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP) in concentrations exceeding 0.1 per cent.

§ -3 Alternatives to bisphenol-A and phthalates. (a) Manufacturers shall use the least toxic alternative when replacing bisphenol-A or phthalates in accordance with this chapter.

(b) Pursuant to this chapter, manufacturers shall not replace bisphenol-A or phthalates with:

(1) Any carcinogen rated by the United States Environmental Protection Agency as an A, B, or C carcinogen, or any substance listed as a known or likely carcinogen, known to be a human carcinogen, likely to be a human carcinogen, or suggestive of being a human carcinogen, as described in the United States Environmental Protection Agency's List of Chemicals Evaluated for Carcinogenic Potential; or

(2) Any reproductive toxicant identified by the United States Environmental Protection Agency as a cause of birth defects, reproductive harm, or developmental harm."

SECTION 3. This Act shall take effect upon its approval; provided that section 2 shall take effect on January 1, 2012.

THE SENATE	S.B. NO.	2239
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII