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.
   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,
   38  Be It Enacted by the Legislature of the State of Florida:
   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.