SENATE, No. 545

Whereas, Article 97 of the Constitution of Massachusetts provides that the people shall have the right to clean air and water; and

Whereas, more than 80,000 synthetic chemicals have been produced for use in the U.S since World War II, yet very few were ever adequately tested for their potential impact on our health. The substances have contaminated the air we breathe, the water and food we consume, everyday products, our homes, schools, workplaces, and therefore end up in our bodies; and

Whereas, scientific evidence increasingly links many chronic diseases with repeated and increased exposure to toxic substances. These diseases and disorders include: asthma, autism, birth defects, cancers, developmental disabilities, diabetes, endometriosis, infertility, Parkinson's disease, and others; and

Whereas, scientific literature reports adverse effects of phthalates and scientific evidence shows that phthalates of concern are found in humans at levels associated with adverse effects. 

Whereas, population studies show that virtually everyone carries some level of phthalates in their body. 

Whereas, the European Union and many countries have restricted the use of phthalates in children’s toys.  The EU has banned DEHP, DBP, BBP in all toys and child care articles and banned DINP, DIDP and DNOP in toys and child care articles that can be put in the mouth.  Prior to the EU’s permanent ban, the following countries had also banned phthalates in children’s toys: Argentina , Austria , Cyprus , Czech Republic, Denmark , Fiji , Finland , Germany , Greece , Italy , Japan , Mexico , Norway and Sweden . 

Whereas, a US Centers for Disease Controls study found that 95% of Americans have detectable levels of bisphenol-A in their bodies.  In a recent CDC study the observed levels detected were at and above the concentrations known to reliably cause adverse effects in laboratory experiments. 

Whereas, more than 130 studies suggest that bisphenol-A exposure at very low doses is linked to a staggering number of health problems, including prostate and breast cancer, obesity, attention deficit and hyperactivity disorder, brain damage, altered immune system, lowered sperm counts, and early puberty.

Whereas, numerous studies show that polycarbonate plastics break down and leach bisphenol-A into food or beverages in contact with the plastics. 

Whereas the General Court finds that:

            With regard to many other toxic substances, the current regulatory system has failed to protect health and environment due to fundamental flaws, namely that it places high burdens on government to act, primarily after the damage is done rather than by prevention through seeking the safest alternatives to toxics as they become available;

That the current regulatory system for toxic chemicals has particularly failed to protect vulnerable populations: the developing fetus and child; people who are vulnerable due to health conditions or genetic predispositions; and low-income communities or disadvantaged workers who are overburdened with greater exposure to these toxic substances;

That Massachusetts is already a leader on environmental health policy as a result of the Toxics Use Reduction Act (TURA), which shows that there are many benefits to businesses and the economy by implementing safer alternatives for toxic chemicals; however that such act has failed to address the broader need to substantially reduce the use of harmful chemicals in products used in workplaces and homes even though safer alternatives are often available;

Whereas, growing children are particularly at risk to chemicals in their environment because they face greater exposure and are physiologically more susceptible to them.  Because greater growing children are particularly at risk from exposure, precautionary measures must be taken to protect children from such exposure from products they use everyday.

Section 2. Purpose

It is hereby resolved, that the policy goals of this Act shall be to prohibit the manufacture, sale or distribution in commerce of any toy or child care article that (1) is intended for use by a child under 3 years of age if that product contains bisphenol-A., (2) contains DEHP, DBP, or BBP in concentrations exceeding 0.1%, or (3) is intended for use by a child under 3 years of age if that product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1%. 

This bill would require manufacturers to use the least toxic alternative when replacing bisphenol-A and phthalates in their products and would prohibit manufacturers from replacing bisphenol-A and phthalates with certain carcinogens and reproductive toxicants.

SECTION 3. Chapter 94B of the Massachusetts General Laws is hereby amended by adding Section 23 after Section 22.

Section 23a Definitions

Section 23a.  The following words as used in Section 23, unless the context otherwise requires shall have the following meanings –

“Child care article” means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or teething.

“Toy” means all products designed or intended by the manufacturer to be used by children when the play.

SECTION 4. Section 23b. Bisphenol-A

(a)    Bisphenol-A, an estrogen-mimicking hormone disrupting chemical, is used in the production of epoxy resins and is the main ingredient in hard polycarbonate plastics.  The plastics are used in food and drink packaging applications, and the cans, bottle tops, and water supply pipes. 

(b)   Bisphenol-A is used in many products intended for use by young children, including but not limited to, toys and baby bottles;

(c)    Commencing January 1, 2008, no person or entity shall manufacture, sell or distribute toys or child care items in Massachusetts containing bisphenol-A.

Section 23c. Phthalates

(a)    Phthalates are chemicals used to plasticize some food containers, plastic wrap, toys, shampoos, perfumes, and beauty products.

(b)   Phthalates have been shown to have hormone disrupting effects; however, they are used in many products intended for use by young children, including, but not limited to, toys, pacifiers, baby bottles and teethers.

(c)    Commencing January 1, 2008, no person or entity shall manufacture, sell, or distribute any toy or child care item in Massachusetts that contains DEHP, DBP, or BBP in concentrations exceeding 0.1 percent.

(d)   Commencing January 1, 2008, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.

Section 23d.  Alternatives to Bisphenol-A and Phthalates

(a)    Manufacturers shall use the least toxic alternative when replacing bisphenol-A and phthalates in accordance with this chapters.

(b)   Manufacturers shall not replace bisphenol-A and phthalates, pursuant to this chapter, with carcinogens rated by the United States Environmental Protection Agency as A, B, OR C carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the “List of Chemicals Evaluated for Carcinogenic Potential.”

(c)    Manufacturers shall not replace bisphenol-A and phthalates, pursuant to this chapter, with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency.