Florida Senate - 2014                                    SB 1180
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-01062-14                                           20141180__
    1                        A bill to be entitled                      
    2         An act relating to chemicals in consumer products;
    3         creating s. 381.986, F.S.; providing legislative
    4         intent; defining terms; requiring the Department of
    5         Health to publish a list of chemicals of high concern
    6         present in consumer products designed for use by
    7         pregnant women and children; providing criteria for
    8         inclusion on the list; authorizing the department to
    9         participate with other states and governmental
   10         entities in an interstate clearinghouse established
   11         for specified purposes; providing an effective date.
   12  
   13         WHEREAS, thousands of toxic chemicals intended for use by
   14  pregnant women and children are present in consumer products
   15  used in and around homes, daycares, and schools, and
   16         WHEREAS, exposure to harmful chemicals found in products
   17  specifically designated for use by pregnant women and children
   18  has been linked to devastating health conditions such as
   19  childhood cancer, asthma, premature puberty, infertility, and
   20  learning and developmental disabilities, and
   21         WHEREAS, consumers, including pregnant women, parents,
   22  teachers, and business owners, need reliable information on
   23  which they may base their purchasing decisions to ensure that
   24  they are able to make healthy choices about the products they
   25  buy, and
   26         WHEREAS, abundant reliable, peer-reviewed scientific data
   27  currently exists regarding the health and safety concerns of
   28  toxic chemicals on pregnant women and children, and
   29         WHEREAS, several states, including Maine, Washington, and
   30  Minnesota, have used available peer-reviewed scientific data to
   31  produce lists of “chemicals of high concern” to inform the
   32  public about important public safety information regarding toxic
   33  chemicals, NOW, THEREFORE,
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 381.986, Florida Statutes, is created to
   38  read:
   39         381.986 Chemicals of high concern in consumer products.—
   40         (1) It is the policy of this state, consistent with its
   41  duty to protect the health, safety, and welfare of its citizens,
   42  to reduce the exposure of pregnant women and children to
   43  chemicals of high concern by publicly identifying such chemicals
   44  and encouraging substitution with safer alternatives whenever
   45  feasible.
   46         (2) As used in this section, the term:
   47         (a) “Chemical” means any element, compound, or mixture of
   48  elements or compounds including breakdown products formed
   49  through decomposition, degradation, or metabolism.
   50         (b) “Chemical of high concern” means a chemical identified
   51  by the department which meets the criteria established in
   52  subsection (4) or subsection (5).
   53         (c) “Children” or “child” means a person younger than 18
   54  years of age.
   55         (d) “Consumer product” means an item designed or primarily
   56  intended for use by pregnant women or children, including
   57  component parts and packaging, sold for indoor or outdoor use in
   58  or around a residence, child care facility, or school.
   59         (e) “Credible scientific evidence” means the results of a
   60  study, the experimental design and conduct of which have
   61  undergone independent scientific peer review, which are
   62  published in a peer-reviewed journal, or in a publication of an
   63  authoritative federal or international governmental agency,
   64  including, but not limited to, the United States Department of
   65  Health and Human Services National Toxicology Program, the
   66  National Institute of Environmental Health Sciences, the United
   67  States Food and Drug Administration, the Centers for Disease
   68  Control and Prevention, the United States Environmental
   69  Protection Agency, the World Health Organization, and the
   70  European Chemicals Agency of the European Union.
   71         (f) “Department” means the Department of Health.
   72         (3) By January 1, 2015, the department, in consultation
   73  with other state agencies, shall publish an initial list of at
   74  least 50, but not more than 100, chemicals of high concern. If
   75  funds are not available to create the list, the department may
   76  cite lists developed by other states.
   77         (a) The department shall review the list at least every 3
   78  years and revise it as needed.
   79         (b) The department shall publish the initial list of
   80  chemicals of high concern on its website and update the website
   81  whenever the published list is revised.
   82         (4) A chemical may be designated as a chemical of high
   83  concern if the department determines that:
   84         (a) The chemical, based on credible scientific evidence, is
   85  identified by a governmental agency as being known or likely to:
   86         1. Harm the normal development of a fetus or child or cause
   87  other developmental toxicity;
   88         2. Cause cancer, genetic damage, or reproductive harm;
   89         3. Damage the nervous system, immune system, hormone
   90  system, or organs or cause other systemic toxicity; or
   91         4. Be persistent, bioaccumulative, and toxic; and
   92         (b) There is credible scientific evidence that the chemical
   93  has been added to, or is present in, a consumer product used or
   94  stored in or around a residence, child care facility, or school.
   95         (5) In lieu of meeting the requirements of subsection (4),
   96  a chemical may be designated as a chemical of high concern if
   97  the department determines that:
   98         (a) Based upon criteria that are substantially equivalent
   99  to those in subsection (4), the chemical has been formally
  100  identified by another state as a priority chemical or a chemical
  101  of high concern; or
  102         (b) One or more of the criteria in paragraph (4)(b) are met
  103  and the chemical has been formally identified by another state
  104  as being known to cause cancer, birth defects, or other
  105  reproductive harm.
  106         (6) The department may participate with other states and
  107  governmental entities in an interstate clearinghouse in order
  108  to:
  109         (a) Promote the use of safer chemicals in consumer
  110  products.
  111         (b) Organize and manage available data on chemicals,
  112  including information on uses, hazards, disposal, and
  113  environmental concerns.
  114         (c) Produce and inventory information on safer alternatives
  115  to specific uses of chemicals of high concern and model policies
  116  and programs related thereto.
  117         (d) Provide technical assistance to businesses and
  118  consumers related to the use of safer chemicals.
  119         (e) Initiate other activities in support of state programs
  120  to promote the use of safer chemicals in consumer products.
  121         Section 2. This act shall take effect July 1, 2014.