[Congressional Record Volume 153, Number 167 (Wednesday, October 31, 2007)]
[Senate]
[Pages S13628-S13629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 2275. A bill to prohibit the manufacture, sale, or distribution in 
commerce of certain children's products and child care articles that 
contain phthalates, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce legislation to ban 
the use of phthalates in toys.
  This legislation will ban the use of six types of phthalates in toys, 
which are linked to birth defects. Phthalates are plasticizing 
chemicals used in a variety of everyday products, including cosmetics, 
nail polish, paint, and shower curtains. Alarmingly, they are used in a 
variety of children's toys, such as rubber ducks, teething rings, and 
bath toys.
  This legislation will ban the manufacture, sale or distributions of 
toys and childcare articles that contain more than .1 percent of DEHP, 
DBP, or BBP.
  It will also ban the manufacture, sale, or distribution of toys and 
childcare articles for use by children 3 years old or younger that 
contain more than .1 percent of DINP, DIDP, or DnOP.
  It clearly states that phthalates cannot be replaced with other 
dangerous chemicals identified by the Environmental Protection Agency 
as carcinogens, possible carcinogens, or chemicals that cause 
reproductive or developmental harm.
  Phthalates are used in a variety of PVC, polyvinyl chloride, plastic 
products to make them soft and pliable. Phthalates are not chemically 
bonded to PVC molecules. When a child places a plastic toy with 
phthalates into his or her mouth, these phthalates leach out of the 
plastic product and into the child's system.
  Phthalates are found in many common children's toys: rubber ducks, 
soft bath books, teethers, and even dolls. In 2006, the San Francisco 
Chronicle sent 16 common children's toys to a Chicago lab for testing 
to see if they exceeded the .1 percent limit proposed in this 
legislation. The results should alarm parents everywhere. One teether 
contained a phthalate at five times the proposed limit. A rubber duck 
sold at Walgreens had 13 times the proposed limit of DEHP, a 
carcinogenic phthalate. The face of a popular doll contained double the 
proposed phthalate limit.
  While the science is still evolving, we know that exposure to 
phthalates can cause serious long-term health effects. Phthalates 
interfere with the natural functioning of the hormone system, and can 
cause reproductive abnormalities, many resulting from low levels of 
testosterone.
  In 2005, Dr. Shanna Swan of the University of Rochester School of 
Medicine found that pregnant women with high levels of phthalates in 
their urine were more likely to give birth to boys with a birth defect 
that is a key indicator of low testosterone levels.
  Men with high phthalate levels have lower sperm counts and damaged 
sperm DNA.
  Phthalate exposure has also been linked to premature birth and the 
early onset of puberty. They may be a factor in some cancers.
  Young children, whose bodies are still growing and developing, are 
particularly vulnerable when exposed to phthalates in the toys around 
them.
  In the face of this troubling science, at least 14 other nations have 
acted to ban or restrict the use of phthalates in children's products. 
Examples include: the European Union's ban, upon which this legislation 
is modeled, has been in effect since 2006; the Argentina Ministry of 
Health imposed a ban in 1999; and Japan banned toys containing DEHP and 
DINP intended to be put in the mouth of children up to the age of 6.
  My home State of California recently became the first state to ban 
phthalates in toys and other products intended for children. California 
parents will now know that the toys they give their children are not 
placing them at risk for serious health problems.
  It is time for the rest of the country to follow the lead of 
California, the European Union, and other nations. Without action, the 
U.S. risks becoming a dumping ground for phthalate laden toys that 
cannot legally be sold elsewhere. American children deserve better.
  Opponents of this ban will argue that we cannot safely replace 
phthalates, and that these replacements could place children at an even 
greater risk. The experience in the European Union certainly suggests 
otherwise.
  Facing the phthalate ban, European manufacturers began to develop 
alternatives. Danisco, a Danish company, has introduced a phthalate 
alternative that has been approved for use in both the U.S. and the 
European Union.
  Manufacturers have found ways to make safe, phthalate free toys for 
European Union children, and there is no reason that they should not do 
the same for American children.
  There is much we do not know about the chemicals that surround us. 
Evidence is demonstrating that phthalates are posing a risk to 
children. I strongly believe that products not known to be safe should 
not be in the hands and mouths of children.
  I urge my colleagues to support this legislation, and to provide all 
American children with the same safe toys available in Europe and 
California.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2275

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Children's Chemical Risk 
     Reduction Act of 2007''.

     SEC. 2. BAN ON CERTAIN PRODUCTS CONTAINING PHTHALATES.

       (a) Findings.--Congress finds that--

[[Page S13629]]

       (1) phthalates are a class of chemicals used in polyvinyl 
     chloride (PVC) plastic to improve flexibility and in 
     cosmetics to bind fragrance to the product and are used in 
     many products intended for use by young children, including, 
     teethers, toys, and soft plastic books; and
       (2) there is extensive scientific literature reporting the 
     hormone-disrupting effects of phthalates and substantial 
     evidence of phthalates found in humans at levels associated 
     with adverse effects.
       (b) Banned Hazardous Substance.--Effective January 1, 2009, 
     any children's product or child care article that contains a 
     phthalate shall be treated as a banned hazardous substance 
     under the Federal Hazardous Substances Act (15 U.S.C. 1261 et 
     seq.) and the prohibitions contained in section 4 of such Act 
     shall apply to such product or article.
       (c) Prohibition on Use of Certain Alternatives to 
     Phthalates in Children's Products and Child Care Articles.--
       (1) In general.--If a manufacturer modifies a children's 
     product or child care article that contains a phthalate to 
     comply with the ban under subsection (b), such manufacturer 
     shall--
       (A) use an alternative to phthalates that is the least 
     toxic; and
       (B) not use any of the prohibited alternatives to 
     phthalates described in paragraph (2).
       (2) Prohibited alternatives to phthalates.--The prohibited 
     alternatives to phthalates described in this paragraph are 
     the following:
       (A) Carcinogens rated by the Environmental Protection 
     Agency as Group A, Group B, or Group C carcinogens.
       (B) Substances described in the List of Chemicals Evaluated 
     for Carcinogenic Potential of the Environmental Protection 
     Agency as follows:
       (i) Known to be human carcinogens.
       (ii) Likely to be human carcinogens.
       (iii) Suggestive of being human carcinogens.
       (C) Reproductive toxicants identified by the Environmental 
     Protection Agency that cause any of the following:
       (i) Birth defects.
       (ii) Reproductive harm.
       (iii) Developmental harm.
       (d) Definitions.--As used in this Act--
       (1) the term ``children's product'' means a toy or any 
     other product designed or intended by the manufacturer for 
     use by a child;
       (2) the term ``child care article'' means all products 
     designed or intended by the manufacturer to facilitate sleep, 
     relaxation, or the feeding of children, or to help children 
     with sucking or teething; and
       (3) the term ``children's product or child care article 
     that contains a phthalate'' means--
       (A) a children's product or a child care article any part 
     of which contains any combination of di-(2-ethylhexyl) 
     phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl 
     phthalate (BBP) in concentrations exceeding 0.1 percent; and
       (B) a children's product or a child care article intended 
     for use by a child less than 3 years of age that--
       (i) can be placed in a child's mouth; and
       (ii)(I) contains any combination of diisononyl phthalate 
     (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate 
     (DnOP), in concentrations exceeding 0.1 percent; or
       (II) contains any combination of di-(2-ethylhexyl) 
     phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl 
     phthalate (BBP), diisononyl phthalate (DINP), diisodecyl 
     phthalate (DIDP), or di-n-octyl phthalate (DnOP), in 
     concentrations exceeding 0.1 percent.
                                 ______