Florida Senate - 2015 SB 374 By Senator Sobel 33-00406-15 2015374__ 1 A bill to be entitled 2 An act relating to chemicals in consumer products; 3 creating s. 381.989, F.S.; providing a statement of 4 public policy regarding the identification of 5 chemicals of high concern and the presence of such 6 chemicals in consumer products designed for use by 7 pregnant women and children; defining terms; requiring 8 the Department of Health to publish on its website a 9 list of chemicals of high concern by a specified date; 10 specifying criteria for inclusion on and revision of 11 the list; authorizing the department to participate 12 with other states and governmental entities in an 13 interstate clearinghouse established for specified 14 purposes; providing an effective date. 15 16 WHEREAS, thousands of toxic chemicals are present in 17 consumer products intended for use by pregnant women and 18 children which are used in and around residences, child care 19 facilities, and schools, and 20 WHEREAS, exposure to harmful chemicals in consumer products 21 specifically designated for use by pregnant women and children 22 has been linked to devastating health conditions such as 23 childhood cancer, asthma, premature puberty, infertility, and 24 learning and developmental disabilities, and 25 WHEREAS, consumers, including pregnant women, parents, 26 teachers, and business owners, need reliable information to 27 ensure that they are able to make healthy choices about the 28 products they buy, and 29 WHEREAS, abundant reliable, peer-reviewed scientific data 30 currently exists regarding the health and safety concerns of 31 toxic chemicals on pregnant women and children, and 32 WHEREAS, several states, including Maine, Washington, and 33 Minnesota, have used the available peer-reviewed scientific data 34 to produce lists of “chemicals of high concern” to inform the 35 public about important public safety information regarding toxic 36 chemicals, NOW, THEREFORE, 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 381.989, Florida Statutes, is created to 41 read: 42 381.989 Chemicals of high concern in consumer products.— 43 (1) It is the policy of this state, consistent with its 44 duty to protect the health, safety, and welfare of its citizens, 45 to reduce the exposure of pregnant women and children to 46 chemicals of high concern by publicly identifying such chemicals 47 and encouraging substitution with safer alternatives whenever 48 feasible. 49 (2) As used in this section, the term: 50 (a) “Chemical” means any element, compound, or mixture of 51 elements or compounds, including breakdown products formed 52 through decomposition, degradation, or metabolism. 53 (b) “Chemical of high concern” means a chemical identified 54 by the department which meets the criteria established in 55 subsection (4). 56 (c) “Children” or “child” means a person younger than 18 57 years of age. 58 (d) “Consumer product” means an item designed or primarily 59 intended for use by pregnant women or children, including 60 component parts and packaging, which is sold for indoor or 61 outdoor use in or around a residence, child care facility, or 62 school. 63 (e) “Credible scientific evidence” means the results of a 64 study, the experimental design and conduct of which has 65 undergone independent scientific peer review, which are 66 published in a peer-reviewed journal or in a publication of an 67 authoritative federal or international governmental agency, 68 including, but not limited to, the United States Department of 69 Health and Human Services National Toxicology Program, the 70 National Institute of Environmental Health Sciences, the United 71 States Food and Drug Administration, the Centers for Disease 72 Control and Prevention, the United States Environmental 73 Protection Agency, the World Health Organization, and the 74 European Chemicals Agency of the European Union. 75 (f) “Department” means the Department of Health. 76 (3) By January 1, 2016, the department, in consultation 77 with other state agencies, shall publish on its website an 78 initial list of at least 50 chemicals of high concern. The 79 department shall review the list at least once every 2 years and 80 revise it as needed. 81 (4) A chemical may be designated as a chemical of high 82 concern if the department determines that the chemical meets the 83 following criteria: 84 (a) Based on credible scientific evidence, the chemical 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. 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) The department may participate with other states and 96 governmental entities in an interstate clearinghouse in order 97 to: 98 (a) Promote the use of safer chemicals in consumer 99 products. 100 (b) Organize and manage available data on chemicals, 101 including information on uses, hazards, disposal, and 102 environmental concerns. 103 (c) Produce and inventory information on safer alternatives 104 to specific uses of chemicals of high concern and model policies 105 and programs related thereto. 106 (d) Provide technical assistance to businesses and 107 consumers related to the use of safer chemicals. 108 (e) Initiate other activities in support of state programs 109 to promote the use of safer chemicals in consumer products. 110 Section 2. This act shall take effect July 1, 2015.