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HomeMy WebLinkAboutRES 082 Draft 01 2012-2014 .------. (-- tr o- �'-' \-- COUNTY OF HAWAII : •f.6 '-' ..�/ • STATE OF HAWAII r,TE-OF�N',sr . RESOLUTION NO. 82 13 A RESOLUTION URGING THE 2013 HAWAII STATE LEGISLATURE TO PASS LEGISLATION SUCH AS HOUSE BILL NO. 396 H.D.2, RELATING TO TOXIC PRODUCTS. WHEREAS, the Hawai`i County Council recognizes that our children are particularly vulnerable to potential physiological harm due to exposure to industrial chemicals; and WHEREAS, such exposure to industrial chemicals during early and continuing stages of human development may lead to conditions such as asthma, cancer, and developmental disabilities; and WHEREAS, Bisphenol A is an industrial chemical used in packaging and plastic bottles; and WHEREAS, Bisphenol A is known to transfer into liquids and foods when such liquids and foods come into contact with packaging made of Bisphenol A; and WHEREAS, Bisphenol A is an estrogen-mimicking chemical, and exposure may be linked to health problems such as reproductive disorders, cardiovascular disease, and diabetes; and WHEREAS, on July 17, 2012, the United States Food and Drug Administration (FDA) banned the use of Bisphenol A in infant feeding bottles and spill-proof cups (otherwise known as "sippy-cups"); and WHEREAS, the FDA ban on the use of Bisphenol A did not include infant formula containers; and WHEREAS, House Bill No.396 H.D.2 prohibits the manufacturing, selling, or distribution in the State of any reusable food and drink containers containing Bisphenol A and intended for use by a child under three years of age; and WHEREAS, in light of inconclusive and contradictory scientific research, precautionary measures must be taken to protect the best interests of Hawai`i's children by significantly reducing their exposure to Bisphenol A; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the 2013 Hawai`i State Legislature is hereby urged to pass legislation such as House Bill No.396 H.D.2, attached as "Exhibit A",relating to toxic products. BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Honorable Governor Neil Abercrombie, all Hawai`i State Senators and Representatives, the Honorable Mayor William P. Kenoi, and the Mayors of the Counties of Kaua`i, Maui, and the City and County of Honolulu. Dated at Kona , Hawai`i, this 28th day of March , 2013. INTRODUCED BY: V COUNCIL BER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawai`i on March 28, 2013 X KERN X ONISHI X ATTEST: POINDEXTER X WILLE X , E5g) YOSHIMOTO X 9 0 0 0 Reference: C-179/Waived PSMTC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 82 13 2 EXHIBIT A REPRESENTATIVES HOUSE OF TWENTY-SEVENTH EG SLATURE, 2013 H N O H.D. 2 STATE OF HAWAII A BILL FORAN ACT RELATING TO TOXIC PRODUCTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The legislature finds that conditions such as 2 asthma, diseases such as cancer, and developmental disabilities 3 are linked to exposure to toxic substances. Growing children 4 are particularly at risk in this regard, as they are 5 physiologically more susceptible to chemicals. Precautionary 6 measures must be taken to protect them. 7 Bisphenol A is an industrial chemical that is used in 8 packaging and plastic bottles . Bisphenol A in plastics and 9 . packaging materials can transfer to liquids and foods, and 10 additional amounts of bisphenol A are transferred when hot or 11 boiling foods or liquids come into contact with packaging made 12 of bisphenol A. Some animal studies have shown that exposure to 13 bisphenol A may be linked to health problems such as diabetes, 14 cardiovascular disease, and reproductive disorders. 15 In July 2012, the United States Food and Drug 16 Administration banned the use of bisphenol A in infant feeding 17 bottles and spill-proof cups known as "sippy cups" , including 18 their closures and lids, designed to help train babies and HB396 HD2 HMS 2013-2389-1 II�II�II�I �III�II III IIII�DIIIIII�IIII����II� I�HI IIII Page 2 396 H . B . NO. H.D. 2 • 1 toddlers to drink from cups. 21 Code of Federal Regulations 2 section 177 . 1580. This decision was made in response to a 3 petition that the American Chemistry Council filed because 4 manufacturers had stopped using bisphenol A in baby bottles and 5 sippy cups . However, the decision did not include banning the 6 use of bisphenol A in products such as baby formula containers. 7 The legislature finds that it is in the best interest of 8 Hawaii 's children to significantly reduce children's exposure to 9 bisphenol A as early as possible, and ultimately, eliminate 10 exposure altogether. 11 The purpose of this Act is to promote the health and safety 12 of children by prohibiting the manufacture, sale, and 13 distribution of reusable food and drink containers containing 14 bisphenol A and intended for use by young children. 15 SECTION 2 . Chapter 321, Hawaii Revised Statutes, is 16 amended by adding a new part to be appropriately designated and 17 to read as follows : 18 "PART INFANT AND TODDLER SAFETY 19 5321- Short title. This part shall be known, and may 20 be cited, as the Toxin-Free Keiki Act. 21 5321-- Definitions. As used in this part, unless the 22 context otherwise requires : HB396 HD2 HMS 2013-2389-1 11111111111111111111121111111111111111 111111111111 Page 3 NJ. H.D H.D. 2 1 "Bisphenol A" refers to an estrogen-mimicking chemical used 2 in the production of epoxy resins and polycarbonate plastics. 3 "Child care article" means a reusable food or drink 4 container that is designed and intended by the manufacturer to 5 be filled with food or liquid and to be used by a child. 6 5321- Prohibition of manufacture, sale, or 7 distribution. Beginning January 1, 2014, no person or legal 8 entity shall manufacture, sell, or distribute any child care 9 article in the State that is intended for use by a child under 10 three years of age and contains bisphenol A. " 11 SECTION 3 . This Act shall take effect on July 1, 2112 . HB396 HD2 HMS 2013-2389-1 II�1111111111111111111111111111110111111101111 H . B. N 39D6 H. . 2 Report Title: Toxic Products; Infant and Child Safety Description: Prohibits the manufacture, sale or distribution of reusable drink and food containers intended for use by children under three and containing bisphenol A. Effective July 1, 2112 . (HB396 HD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. • HB396 HD2 IIII pHMppppS pp2gg013-238pp9-1