SECTIONS 108920-108923 - California Statutes

HEALTH AND SAFETY CODE

SECTION 108920-108923

108920. The Legislature finds and declares all of the following:
(a) Chemicals known as brominated flame retardants (BFRs) are
widely used in California. To meet stringent fire standards,
manufacturers add BFRs to a multitude of products, including plastic
housing of electronics and computers, circuit boards, and the foam
and textiles used in furniture.
(b) Polybrominated diphenyl ether (PBDE), which is a subcategory
of BFRs, has increased fortyfold in human breast milk since the
1970s. Women in California carry more PBDEs in their bodies than
anyone else studied in the world.
(c) PBDE has the potential to disrupt thyroid hormone balance and
contribute to a variety of developmental deficits, including low
intelligence and learning disabilities. PBDE may also have the
potential to cause cancer.
(d) Substantial efforts to eliminate BFRs from products have been
made throughout the world, including private and public sectors.
These efforts have made available numerous alternatives safe to human
health while meeting stringent fire standards. To meet market
demand, it is in the interest of California manufacturers to
eliminate the use of BFRs.
(e) In order to protect the public health and the environment, the
Legislature believes it is necessary for the state to develop a
precautionary approach regarding the production, use, storage, and
disposal of products containing brominated fire retardants.

108921. For purposes of this chapter, the following definitions
apply:
(a) "OctaBDE" means octabrominated diphenyl ether or any technical
mixture in which octabrominated diphenyl ether is a predominate
congener.
(b) "PBDE" means polybrominated diphenyl ether.
(c) "PentaBDE" means pentabrominated diphenyl ether or any
technical mixture in which pentabrominated diphenyl ether is a
predominate congener.
(d) "Congener" means a specific PBDE molecule.
(e) "Process" does not include the processing of metallic
recyclables containing PBDEs that is conducted in compliance with all
applicable federal, state, and local laws.
(f) "Product" means a product manufactured on or after June 1,
2006.
(g) "Metallic recyclable" has the same meaning as a metallic
discard, as defined in Section 42161 of the Public Resources Code.
(h) "Recycle" has the same meaning as defined in Section 40180 of
the Public Resources Code.
(i) "Technical mixture" means a PBDE mixture that is sold to a
manufacturer. A technical mixture is named for the predominant
congener in the mixture, but is not exclusively made up of that
congener.

108922. On and after June 1, 2006, a person may not manufacture,
process, or distribute in commerce a product, or a flame-retarded
part of a product, containing more than one-tenth of 1 percent of
pentaBDE or octaBDE, except for products containing small quantities
of PBDEs that are produced or used for scientific research on the
health or environmental effects of PBDEs.

108923. On or before March 1, 2004, the Senate Office of Research
shall submit to the President pro Tempore of the Senate and the
Senate Environmental Quality Committee recommendations regarding the
regulation of PBDE, including relevant findings and rulings by the
European Union.