Connecticut Seal

General Assembly

 

Raised Bill No. 274

February Session, 2012

 

LCO No. 1608

 

*01608_______PH_*

 

Referred to Committee on Public Health

 

Introduced by:

 

(PH)

 

AN ACT CONCERNING CHEMICALS OF HIGH CONCERN TO CHILDREN.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) As used in this section and section 2 of this act:

(1) "Chemical" means (A) a substance with a distinct molecular composition, or (B) a group of structurally-related substances. Chemical includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism;

(2) "Children's product" means a consumer product intended for, made for or marketed for use by children under twelve years of age. Children's product includes baby products, toys, car seats, personal care products and clothing, and any consumer product containing a chemical of high concern that when used or disposed of will likely result in a child under twelve years of age or a fetus being exposed to that chemical. "Children's product" does not include over-the-counter drugs, prescription drugs, food, dietary supplements, packaging, medical devices and products that are both a cosmetic and a drug regulated by the federal Food and Drug Administration. A product label that includes usage instructions for a product that applies to children does not in and of itself establish that the product is a children's product;

(3) "Consumer product" means any item sold for residential or commercial use, including any component parts and packaging, that is sold for: (A) An indoor use in a residence, child care facility or school; or (B) an outdoor residential use if a child under twelve years of age may have direct contact with the item. "Consumer product" does not include (i) a food or beverage or an additive to a food or beverage, a tobacco product or a pesticide regulated by the United States Environmental Protection Agency, (ii) a drug or biologic regulated by the United States Department of Health and Human Services, or federal Food and Drug Administration or the packaging of a drug or biologic regulated by the federal Food and Drug Administration if the packaging is also regulated by the federal Food and Drug Administration, or (iii) an item sold for outdoor residential use that consists of a composite material made from polyester resins;

(4) "Priority chemical" means a chemical identified by a state agency, federal agency or accredited research university, on the basis of credible scientific evidence that is known to do one or more of the following: (A) Harm the normal development of a fetus or child or cause other developmental toxicity; (B) cause cancer, genetic damage or reproductive harm; (C) disrupt the endocrine system; (D) damage the nervous system, immune system or organs, or cause other systemic toxicity; (E) be persistent, bioaccumulative and toxic; or (F) be very persistent and very bioaccumulative;

(5) "Very bioaccumulative" means having a bioconcentration factor or bioaccumulation factor equal to or greater than five thousand, or having a log Kow greater than 5.0; and

(6) "Very persistent" means having a half-life equal to or greater than one of the following: (A) A half-life in soil or sediment of greater than one hundred eighty days; or (B) a half-life equal to or greater than sixty days in water or evidence of long-range transport.

Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Public Health, in consultation with the Commissioner of Energy and Environmental Protection and the Green Ribbon Science Panel, established pursuant to section 3 of this act, shall identify priority chemicals that are of high concern to children after considering a child's or developing fetus's potential for exposure to each chemical. In identifying the chemicals of high concern to children, the commissioner shall include a priority chemical that meets one or more of the following criteria: (1) The chemical has been found through biomonitoring studies that demonstrate the presence of the chemical in human umbilical cord blood, human breast milk, human urine, or other bodily tissues or fluids; (2) the chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water or elsewhere in the home environment; or (3) the chemical has been added to or is present in a consumer product used or present in the home.

(b) Not later than July 1, 2013, the Commissioner of Public Health, in consultation with the Commissioner of Energy and Environmental Protection, shall submit a report listing the chemicals of high concern to children and identifying the children's products or product categories that may contain the chemicals of high concern. Such report may also include: (1) Recommendations for ways to address chemicals of high concern to children; and (2) recommendations for ways to address the sale of children's products that contain chemicals of high concern to children, including, but not limited to, (A) a recommendation as to whether one or more children's products containing a chemical of high concern to children should bear a warning label, and (B) a recommendation as to whether one or more chemicals of high concern to children should be banned from children's products sold in the state. The Commissioner of Public Health shall submit such report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to public health and the environment, and shall publish such report on the Department of Public Health's Internet web site.

(c) The Commissioner of Public Health, in consultation with the Commissioner of Energy and Environmental Protection and the Green Ribbon Science Panel, shall review and update, as necessary, the list of chemicals of high concern to children identified pursuant to this section not less than once every two years after the Commissioner of Public Health initially identifies such chemicals. The Commissioner of Public Health shall remove any chemical from the list of chemicals of high concern to children that no longer meets the criteria for a chemical of high concern to children, as described in subsection (a) of this section. The Commissioner of Public Health may identify additional chemicals that meet such criteria. The Commissioner of Public Health shall report any change to the list of chemicals of high concern to children to the joint standing committees of the General Assembly having cognizance of matters relating to public health and the environment not later than thirty days after identifying the need for such change.

Sec. 3. (NEW) (Effective from passage) There is established an advisory panel to be known as the Green Ribbon Science Panel to assist the Commissioners of Public Health and Energy and Environmental Protection in carrying out their responsibilities in accordance with section 2 of this act. The panel shall be composed of members, jointly appointed by the Commissioners of Public Health and Energy and Environmental Protection not later than October 1, 2012, whose expertise shall encompass all of the following disciplines: (1) Chemistry; (2) chemical engineering; (3) environmental law; (4) toxicology; (5) public policy; (6) pollution prevention; (7) cleaner production methods; (8) environmental health; (9) public health; (10) risk analysis; (11) materials science; (12) chemical synthesis; (13) research; and (14) maternal and child health. The commissioners shall convene a meeting of the panel not less than biannually.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

from passage

New section

Sec. 3

from passage

New section

Statement of Purpose:

To identify chemicals of high concern to children.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]