SB2410

SECTION 1. The legislature finds that there is extensive scientific literature reporting the hormone-disrupting effects of phthalates and substantial evidence that levels of 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, as defined, if those products contain types of phthalates in concentrations exceeding 0.1 per cent and to require manufacturers to use the least toxic alternative when replacing phthalates.

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" means the group of chemical compounds mainly used in polyvinyl chloride plastic to improve flexibility in many products intended for use by infants and young children, including teethers, toys, and soft plastic books and other toys and child care cuticles.

"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, 2009, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that:

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

(2) 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 phthalates. (a) Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this chapter.

(b) Pursuant to this chapter, manufacturers shall not replace 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.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2410
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII