Restricted Substances Overview in USA - California

Substances Effected: Mercury, lead, asbestos and other listed chemicals.

Summary: California must revise and republish annually a list that contains chemicals known to the state to cause cancer, and chemicals known to the state to cause reproductive toxicity. The Proposition 65 list contains a wide range of chemicals, including dyes, solvents, pesticides, drugs, food additives, and by-products of certain processes. The chemicals may be naturally occurring or synthetic.

California prohibits businesses from knowingly discharging listed chemicals into sources of drinking water. Businesses are required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical. The exposures requiring a warning under Proposition 65 may occur in the environment surrounding a manufacturing facility, in the workplace, or through consumer use of a product. The regulations require that the warning must be reasonably calculated to make the warning message available to the individual prior to exposure, and that the message must clearly communicate that the chemical in question is known to the state to cause cancer, or birth defects or other reproductive harm. A warning may be provided by labels, signs, public advertising, or any other method that adequately conveys the required message.

Scope: Products containing mercury, lead, and asbestos.

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Substances Effected: Mercury

Summary: Prohibits the sale, offering for sale, or distribution for promotional purposes of certain new or refurbished mercury-added products in California after July 1, 2006, unless the product is required under a federal law or contract specification or unless the only mercury-added component in the product is a button cell battery.

Also prohibits a person from selling, offering to sell, or distributing for promotional purposes a mercury switch or mercury relay in California after July 1, 2006. Mercury relays or switches required under federal law, required under federal contract specifications, or meeting specified conditions are exempt. Sale of mercury switches and relays that contain less than one milligram of mercury will be allowed contingent on the manufacturer fulfilling certain conditions. The California Department of Toxic Substance Control may also grant three-year exemptions for mercury switches or relays if a manufacturer or trade group can demonstrate that there is no technically feasible alternative, available at a reasonable cost.

Finally, the bill would prohibit a person from selling, offering to sell, or distributing for promotional purposes mercury diostats, or a new or refurbished oven or gas range containing a mercury diostat, in California on or after July 1, 2008.

Scope: Products and devices containing mercury, including but not limited to mercury-added relays, switches, and diostats.

Exemptions:

Mercury relays or switches required under federal law, required under federal contract specifications, or meeting specified conditions are exempt.

The California Department of Toxic Substance Control may also grant three-year exemptions for mercury switches or relays if a manufacturer or trade group can demonstrate that there is no technically feasible alternative, available at a reasonable cost.

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Substances Effected: Mercury, lead, cadmium, and hexavalent chromium

Contains RoHS like provisions: Yes

Summary: The Act shifts the cost burden of electronics recycling directly to consumers by requiring retailers to collect a per-unit point of sale fee to cover costs of recycling and disposal of electronic waste. The Act also restricts the sale of certain electronic devices based on the presence of mercury, lead, cadmium, and hexavalent chromium, and imposes new annual reporting and consumer disclosure requirements on manufacturers selling covered devices in California.

The Act requires the Department of Toxic Substance Control to adopt regulations that prohibit the sale of a covered device if the electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture under Directive 2002/95/EC, Restriction on Hazardous Substances ("RoHS Directive") due to the presence of mercury, lead, cadmium, and hexavalent chromium.

On or before July 1, 2005, and at least once annually thereafter, requires each manufacturer of a covered electronic device sold in California to submit a report that includes an estimate of the number of covered electronic devices sold in the state during the previous year, an estimate of the amount of mercury, lead, cadmium, and hexavalent chromium used in the devices, and a list of retailers to which the manufacturer provided notice of these heavy metals.

Scope: Covered products including cathode ray tubes (CRT), CRT devices, computers or televisions with CRTs, and desktop monitors or laptop computers with liquid crystal display devices greater than 4 inches in size measured diagonally.

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Substances Effected: Mercury

Summary: Prohibits the sale of any mercury-containing thermometer (except by a licensed retailer) and prohibits the manufacture or sale of mercury-added novelties (which as defined, does not include any electronic devices). Prohibits schools from purchasing elemental mercury materials and some measuring devices that contain mercury (which as defined, also does not include electronic devices). The law also includes a requirement that mercury-containing components removed from vehicles be handled as hazardous waste and prohibits the sale of any vehicle containing a mercury light switch in California after January 1, 2005.

Scope: Mercury switches, temperature control devices, and other mercury-containing items.

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Substances Effected: Mercury

Summary: Due to concerns regarding toxic metals, including mercury, in certain dry cell batteries, this Act prohibits the sale or offer to sell of any rechargeable consumer product unless the product meets specific requirements (including labeling requirements and instructions for proper recycling and disposal) after January 1, 1995. On or after July 1, 1994, each rechargeable battery, consumer product package containing a rechargeable battery or battery pack, and the package for each such item, sold or offered for sale in California is required to meet specific labeling requirements.

A related act passed the same year prohibits the sale of any dry cell battery manufactured on or after January 1, 1994, for household use in which the mercury content exceeds 0.025% by weight for an alkaline battery or 0.0% intentionally introduced mercury in a carbon-zinc battery, and prohibits the manufacture or sale of any mercuric oxide button cell batteries of any type for any use.

Companion Legislation:

The related act concerning household batteries

Scope: Dry cell batteries, rechargeable consumer products, rechargeable batteries, and mercuric oxide button batteries.

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Substances Effected: PentaBDE and OctaBDE

Summary: Prohibits a person from manufacturing, processing, or distributing in commerce a product, or a flame retardant part of a product, containing more than one-tenth of one percent of pentabrominated diphenyl ether ("pentaBDE") or octabrominated diphenyl ether ("octaBDE") on or after June 1, 2006. The law clarifies that "processing" does not include the processing of metallic recyclables containing pentaBDE or octaBDE, if such activity is conducted in compliance with all applicable federal, state, and local laws. There is also an exception for products containing small quantities of polybrominated diphenyl ethers ("PBDEs") that are produced or used for scientific research on the health or environmental effects of PBDEs.

In addition, the law required the California Senate Office of Research to submit recommendations regarding the regulation of PBDE, including relevant findings and rulings adopted by the European Union, to the Senate and Senate Environmental Quality Committee by March 1, 2004.

Scope: All products that contain PentaBDE and OctaBDE.

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Substances Effected: Mercury, cadmium, hexavalent chromium, and lead

Summary:

Prohibits a manufacturer, supplier, or person from offering for sale or for promotional purposes, a package or packaging component that includes a regulated metal (including mercury), in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.

"Package" means any container, providing a means of marketing, protecting, or handling a product, including unsealed receptacles, carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs. "Packaging component" means any individual assembled part of a package including any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, labels, dyes, pigments, adhesives, stabilizers, or any other additives.

The sum of the incidental total concentration levels of all regulated metals present in a single-component package or in an individual packaging component may not exceed 100 ppm by weight.

Scope: Packaging and packaging components and products contained in such packaging or packaging components.

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Sponsor: Assembly Member Saldana

Substances Effected: Mercury, Cadmium, Lead, and Hexavalent Chromium

Contains RoHS like provisions: Yes

Summary:

Existing law requires the Department of Toxic Substances Control (DTSC) to adopt regulations to prohibit electronic devices with video displays greater than 4 inches measured diagonally, from being sold in this state if the electronic device is prohibited from being sold in the European Union due to the presence of certain heavy metals.

The new bill defines the Reduction of Hazardous Substances (ROHS) directive as Directive 2002/95/EC, as adopted by the European Union. Bill amends existing law that defines the term "electronic device" under the Electronic Waste Recycling Act of 2003, which defines "electronic device" as a video display device that is identified by the DTSC, as presumed hazardous waste when discarded. The revised definition includes devices that are dependent on electric currents or electromagnetic fields to work properly or devices for the generation, transfer, or measurement of electric currents or fields, that fall within the scope of Article 2 of Directive 2002/96/EC, and is designed for use with a voltage rating that does not exceed 1000 volts for alternating current and 1500 volts for direct current and that falls within the scope of Article 2.1 of the ROHS directive.

Bill requires the regulations adopted by the DTSC , except for those applicable to video display devices, as defined, to implement the changes made by the bill to take effect on January 1, 2010.

Scope: Electronic devices containing mercury, cadmium, lead and hexavalent chromium

EIATRACK Comment:

2/22/06 - Introduced.

3/2/06 - Referred to Committees on Natural Resources and Environmental Safety and Toxic Materials.

3/29/06 - Passed Nat. Res. Committee. Re-referred to Env'l Safety and Tox. Materials Committee.

4/24/06 - Amended and re-referred to committee.

4/26/06 - Passed and referred to Appropriations Committee.

5/26/06 - From Approp. Committee, amended and passed. Read second time and amended.

5/30/06 - Read second time and passed on to third reading.

5/31/06 - Read third time, amended, passed, and sent to the Senate.

6/01/06 - Read first time in Senate and referred to the Committee on RLS.

6/15/06 - Referred to the Committee on Environmental Quality.

8/07/06 - Amended by the CEQ in the Senate and re-referred to Committee on Appropriations.

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Sponsor: Assembly Member Chan

Substances Effected: Brominated Flame Retardants

Summary:

Existing law prohibits a person from manufacturing, processing (as defined), or distributing a product or flame retardant part of a product, containing more than 0.1% penta BDE or octa BDE on or after June 1, 2006.  This bill would provide that a person who violates these prohibitions is liable for a civil penalty in an amount no less than $10,000 per day of violation, which would be assessed and recovered in a civil action brought by the Attorney General.

Applicable provision deleted from the bill on June, 21 2006.     

Scope: Products containing octa and penta BDEs.

EIATRACK Comment:

2/8/05 - Introduced.

4/13/05 - Amended in Assembly and referred to Appropriations Committee.

6/1/05 - Read third time, passed, and sent to the Senate.

6/2/05 - First reading in Senate.

6/14/05 - First Senate hearing cancelled at request of author.

9/8/05 - Carried over to 2006 session upon adjournment of Legislature.

6/1/06 - Read second time, amended, and referred to the Committee on Environmental Quality.

6/5/06 - Withdrawn from committee and re-referred to the Committee on RLS.

6/19/06 - First hearing cancelled at request of author.

6/21/06 - Read second time, amended, and re-referred to Com. on ED.

6/26/06 - Withdrawn from committee. Re-referred to Com. on RLS.

 

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