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.