April 3, 2008
Assembly Member Jared Huffman
Chair, Assembly Committee on Environmental Safety and
Toxic Materials
Legislative
Office Building, Suite 171
Sacramento, CA 95814
RE: AB 1879 (Feuer),
Toxic Products – Strong Support
Dear Assemblymember Huffman:
Sierra Club
California strongly supports AB 1879, which would fill a major gap in
California law by providing the Department of Toxic Substances Control (DTSC)
with the authority to control toxic substances in the consumer products that we
come into contact with on a daily basis. Californians have been alarmed to
discover that many of the products sold in our stores include harmful
substances, from lead-tainted toys to linens with toxic flame retardants;
currently no state agency has the authority to take toxic products off the
shelves or spur the development of safer alternatives, except in some limited
areas.
AB
1879 would authorize DTSC to regulate certain chemicals of concern -- lead, mercury, cadmium, arsenic, polybrominated diphenylethers
(PBDEs), phthalates, and hexavalent chromium -- in all
consumer products. DTSC would be given
the authority to require manufacturers to design approaches to extract the
chemical of concern from the chain of commerce or other settings, to restrict
the use of chemicals of concern in order to avoid exposure to sensitive
populations, such as children or pregnant women, or to prohibit use of the
chemical, if warranted. DTSC would also have authority to require manufacturers
to establish take-back programs for recycling or responsible disposal of their
products. As the Integrated Waste Management Board has recognized,
manufacturers – rather than governments – should primarily bear the costs of
end-of-life disposition of their products.
AB
1879 would require DTSC, in considering products for regulation, to prioritize
products that are used or designed for sensitive populations (children,
pregnant women, etc.), and those most likely to cause exposure of chemicals of
concern to individuals or the environment. Additionally, under the provisions
of AB 1879, DTSC may require that products containing one of the identified six
chemicals of concern be labeled in an understandable fashion that they contain
such chemicals and list the associated harmful health effects.
Sincerely,
Director
Cc: Committee Members
Assemblymember Mike Feuer