STAND. COM. REP. NO. 2138

Honolulu, Hawaii

RE:    S.B. No. 2239

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Commerce, Consumer Protection, and Affordable Housing, to which was referred S.B. No. 2239 entitled:

"A BILL FOR AN ACT RELATING TO TOXIC PRODUCTS,"

begs leave to report as follows:

     The purpose of this measure is to protect the health and safety of young children by prohibiting the manufacturing, sale, and distribution of toys containing phthalates.

     Specifically, this measure:

     (1)  Prohibits the manufacturing, 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 beginning January 1, 2009; and

     (2)  Requires manufacturers to use least toxic alternatives when replacing bisphenol-A or phthalates in the manufacturing of their toys and child care articles.

     Testimony in opposition to this measure was submitted by the Hawaii Restaurant Association, the American Chemistry Council, the Phthalate Esters Panel of the American Chemistry Council, and one private individual.

     Phthalates is a class of chemicals that are used in polyvinyl chloride plastics to improve flexibility, in cosmetics to bind fragrance to the product, and in products intended for use by infants and young children, including teethers, toys, and soft plastic books.  Scientific studies indicate that phthalates can adversely affect hormones in the human body and that due to the popularity of using phthalates in products, everyone carries some level of phthalates in their body, usually via oral exposure to the chemical containing product.  Your Committee finds that young children are especially susceptible to being exposed to phthalates as many toys and child care articles, such as teething rings and soft plastic books, contain phthalates.  Prohibiting the manufacturing, sale, or distribution of toys and child care articles containing certain phthalates and intended for use by young children will limit phthalates exposure and its associate adverse affects.

     As indicated by the Hawaii Restaurant Association, your Committee recognizes the short implementation timeframe granted in this measure.  Additional time is needed so that persons and entities have an ample opportunity to become aware of, comply with, and seek alternatives to implement this measure.

     Accordingly, your Committee has amended this measure by:

     (1)  Changing the effective date of this measure from January 1, 2009 to January 1, 2012; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and style.

     Your Committee believes that prohibiting the manufacturing, sale, and distribution of toys containing phthalates fulfills the intent of this measure, which is to protect the health and safety of young children.

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Affordable Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2239, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2239, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Affordable Housing,

____________________________

RUSSELL S. KOKUBUN, Chair