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Newsletters
CICI Legisletter May 16, 2008
Volume 22 - Issue 13

ACTIVISTS HOLD PRESS CONFERENCE ON PRODUCT BANS
 
A few environmental activist groups pushing legislation to ban bisphenol A (BPA), phthalates and other chemicals used in consumer products held a press conference Wednesday for the purpose of “scaring” people and drumming up support for banning chemicals and the products they are used in, which have been proven safe by numerous health agencies around the globe in their respective applications. CICI has taken the lead in opposing such measures. 
 
The press conference came on the heels of a State House breakfast where legislators were invited to hear activist’s information on many products made from chemistry. The public was also invited to bring in products such as toys and electronics to be tested with an X-Ray Fluorescence (XRF) analyzer gun. While the XRF analyzer gun may be able to detect some elements it can’t tell what type of specific chemical may be in the toy or electronic item. Further, the mere presence of something in a product does not mean it poses a risk. This analyzer is mainly used to detect the presence of lead and other heavy metals. 
 
CICI’s main argument against these efforts to ban chemicals (BPA and Phthalates) is that the products are safe and have been proven as such. Secondly, we have a strong regulatory stature at the federal level to address the safety of chemicals (TSCA, FIFRA, FDA, etc…). Banning products state-by-state would make it very difficult to conduct commerce if each state had different bans or limitations on the use of various chemicals. 
 
In response to may of these bills, CICI has introduced resolutions, HR 1150 (Lindner, R-Sugar Grove) and SR 679 (Clayborne, D-E. St. Louis), calling on Congress to ensure that the Federal Toxic Substances Control Act (TSCA) provides the necessary statutory and regulatory controls necessary to protect human health and the environment from the risks of industrial chemicals. Specific to BPA, CICI has also introduced a resolution SR 707 (Jacobs, D-Moline) urging the U.S. Food and Drug Administration (FDA) to expedite their current review of BPA.
 
Further, another resolution, a joint resolution between the House and Senate, has been introduced as HJR 122 (Holbrook, D-Belleville) at the request of some consumer groups to urge Congress to meaningfully address imports – everything from toys to cat food - that have been the subject of various recalls in this country. All of these resolutions have been assigned to their respective chambers’ Rules Committee. 
 
Chicago Aldermen Introduce BPA Ban
Meanwhile, Chicago Aldermen Ed Burke (14th Ward) and Manuel Flores (1st Ward) have introduced a proposed ordinance to ban bisphenol A in children’s products such as bicycle helmets, CDs/DVDs, electronic toys, and car seats in the City of Chicago.   CICI is actively working with other groups to address this proposal and will keep you informed of any developments.     
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LEAD LABELING BILL AWAITS POSSIBLE HOUSE VOTE
 
Toys and other children’s items containing trace amounts of lead would be required to have a label indicating its lead content under legislation, HB 5789 (Osterman, D-Chicago), the House Consumer Protection Committee advanced Tuesday. This proposal provides that no one shall sell, have, offer for sale, or transfer toys, furniture, clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, or other articles used by or intended to be chewable by children that contain a total lead content in any component part of the item that is more than 0.004% (40 parts per million) by total weight unless that item bears a warning statement that indicates that at least one component part of the item contains lead.
 
The 40 parts per million is the threshold considered safe by the American Academy of Pediatrics. If this bill becomes law, the labeling would go into effect January 2010. The American Academy of Pediatrics recommends that children’s products contain less than 40 parts per million of lead, as higher exposure in children under 12 threatens brain development.
 
According to Illinois Attorney General Lisa Madigan’s office, 17 million toys were recalled in 2007 because of excessive lead levels. Two million products have already been recalled this year.
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RESIDENTIAL ENERGY EFFICIENCY BUILDING CODE GETS NEW LIFE
 
The Senate may soon consider a measure, HB 1842 (Hamos, D-Evanston), which would expand the state’s energy efficient building code (International Energy Conservation Code) to apply to the construction of residential buildings in addition to commercial and industrial buildings that has been law for a few years now. The bill passed the House in 2007 but has languished in the Senate Rules Committee until it was assigned to the Senate Environment & Energy Committee this week. The measure passed committee unanimously this week on the agreement that the bill would be negotiated and an amendment would be forth coming to settle opponents concerns with the bill, namely home builders and municipalities. CICI will keep you abreast of any developments that should occur.
 
 
 
Please note that the Chemical Industry Council of Illinois Legislator is not intended to convey legal advice or set forth all legal requirements applicable to particular circumstances.
 
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