Bill Summary for Bill Number HB12-1174

Date: 02/21/2012

Final
BILL SUMMARY for HB12-1174

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Votes: View-->	Action Taken:
Moved to adopt amendment L.001 (Attachment F). The Moved to postpone House Bill 12-1174 indefinitely. Moved to refer House Bill 12-1174, as amended, to	Pass Without Objection PASS FAIL

11:42 AM -- House Bill 12-1174

Representative Kagan, prime sponsor, presented House Bill 12-1174. The bill prohibits manufacturers and wholesalers of children's products containing bisphenol-A (BPA) from selling or offering those products in Colorado beginning July 1, 2012. As of July 1, 2013, no person, including business entities and government agencies, may sell or provide these products. Children's products are defined as pacifiers, cups, and other containers for food and drink intended for children under the age of three years. The bill does not apply to used children's products. Representative Kagan distributed a fact sheet and a letter of support from the American Academy of Pediatrics (Attachments A and B, respectively).

11:47 AM

Representative Balmer talked about market forces handling this issue and the fact that manufacturers are already slowing their use of BPA. Representative Kagan said while that is true, it is not happening evenly across the board. Representative Soper asked why there is a safety clause in the bill. Representative Tyler asked what scientific evidence there is that BPA is hazardous. Representative Kagan responded to additional questions regarding the Colorado Department of Public Health and Environment and whether there are any labeling requirements for BPA products.

12:00 PM -- Danny Katz, representing the Colorado Public Interest Research Group, testified in favor of the bill. He said the bill would help protect the health of children and that 11 states have already banned BPA from baby bottles and sippy cups. Mr. Katz distributed a handout from the Breast Cancer Funds (Attachment C). Mr. Katz responded to questions from the committee regarding the federal government's involvement in regulating the use of BPA and interstate commerce. A discussion ensued regarding similar regulations on other products and in other states. Representative Swalm cited a letter from the Grocery Manufacturers Association (Attachment D).

12:13 PM -- Dr. Steven Hentges, representing the American Chemistry Council, testified against the bill and distributed a handout of his testimony (Attachment E). Dr. Hentges talked about the use of BPA in various products and the reasoning behind it. Representative Wilson asked whether the amount of BPA can vary in products and how much leaks out and about the products created in China. Representative Liston asked about the number of deaths linked to BPA. Dr. Hentges explained that there have been no deaths linked to BPA. Representative Singer brought up the interstate commerce issue that was discussed earlier.

12:34 PM -- Dr. Scott Phillips, representing the American Chemistry Council, testified against the bill. He mentioned he specializes in medical toxicology. Dr. Phillips mentioned there are about 6,700 studies on this issue and discussed the findings of those studies. Representative Liston asked roughly how much these studies tend to cost. Dr. Phillips said it depends on the type of study and said it can vary from a few thousand to tens of millions of dollars. Dr. Phillips responded to additional questions from the committee regarding the number of these products in Colorado. Representative Singer asked about studies on younger animals. Dr. Phillips stated that the FDA has conducted studies on monkey fetuses.

12:48 PM -- Shayne Madsen, representing the Colorado Association of Commerce and Industry (CACI), testified against the bill. She stated that CACI is in favor for a national standard, but not a state by state standard. Representative Singer asked what type of national standard CACI's national standard it would like to see.


BILL:	HB12-1174
TIME:	12:52:03 PM
MOVED:	Williams A.
MOTION:	Moved to adopt amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	Singer
		VOTE
	Balmer
	Holbert
	Miklosi	Excused
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

12:59 PM

Representative Kagan gave some closing remarks on the bill.


BILL:	HB12-1174
TIME:	01:05:02 PM
MOVED:	Tyler
MOTION:	Moved to refer House Bill 12-1174, as amended, to the Committee of the Whole. The motion failed on a vote of 4-8.
SECONDED:	Williams A.
		VOTE
	Balmer	No
	Holbert	No
	Miklosi	Excused
	Priola	No
	Singer	Yes
	Soper	Yes
	Swerdfeger	No
	Szabo	No
	Tyler	Yes
	Williams A.	Yes
	Wilson	No
	Swalm	No
	Liston	No

YES: 4 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1174
TIME:	01:06:51 PM
MOVED:	Balmer
MOTION:	Moved to postpone House Bill 12-1174 indefinitely. The motion passed on a vote of 7-5.
SECONDED:	Holbert
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Excused
	Priola	Yes
	Singer	No
	Soper	No
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	No
	Williams A.	No
	Wilson	No
	Swalm	Yes
	Liston	Yes

YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS