SB 772 Fact Sheet

SB 772, PROTECTING OUR CHILDREN FROM FIRE AND TOXIC CHEMICALS
SENATOR MARK LENO

IN BRIEF

Background: Californians have the highest body burdens in the world of pentaBDE, a potent endocrine disrupting toxic chemical. This toxic chemical is halfway in structure between PCBs and dioxins. Why do we have this chemical in our bodies? Technical Bulletin 117 (TB 117), a California state flammability requiring that the foam in furniture and baby products resist an open flame for twelve seconds, has led to the annual use of millions of pounds of such chemicals in California since the early 1980’s. While pentaBDE is now banned, its chemical cousins are present in the polyurethane foam in baby products including cribs, car seats, strollers, playpens, high chairs, etc.—items that infants and young children come into repeated contact every day. However, there is a lack of evidence from federal or state agencies such as the Consumer Product Safety Commission or the Bureau of Home Furnishings that these products actually pose a fire hazard.

The National Fire Protection Association has no data to show that fire retardants actually reduce fire deaths in California. Fire deaths declined by 38% in California from 1980 to 1999, but the decline was even greater in other states that don’t have standards leading to the use of these toxic chemicals.

Negative Public Health Impacts: Halogenated fire retardants, which are the least expensive and most likely chemicals to be used to meet this regulation, have been linked to endocrine disruption, neurological and developmental impairments, cancer, birth defects, learning disabilities, such as attention deficit disorder and hyperactivity, and a host of other health disorders in many dozens of animal studies. The chemicals migrate from products in the home into household dust, humans, pets, and the environment. A typical household can contain up to several pounds of these chemicals, and their extensive use to meet TB117 has led to contamination of the global environment.

These fat-loving chemicals cross the placenta and accumulate in body fat and breast milk. Babies are born with fire retardants in their bodies. They get an additional dose from their mother’s milk and from exposure to baby products, resulting in toddlers having three times greater levels than their mothers. Fire retardants are also entering the food chain, especially in dairy products, meat, poultry, and fish.

Draft Federal Standard Reduces Use of Fire Retardants: In December of 2007, the Consumer Product Safety Commission voted for a draft furniture flammability standard that will reduce the use of such fire retardants nationwide. CPSC Commissioner Thomas Moore concluded that “No one wants to trade fire risks for chemical toxicity risks.”

SB 772’s Goal: In accordance with concerns expressed by the Consumer Product Safety Commission, SB 772 modifies Technical Bulletin 117 to exempt juvenile products containing polyurethane foam such as cribs, removable child car seats, strollers, and nursing pillows from a de facto mandate that they be treated with halogenated fire retardants.

STAFF CONTACT: Zak Meyer-Krings, Legislative Assistant, Senator Mark Leno, (916) 651-4003; zak.meyer-krings@sen.ca.gov