San Francisco Chronicle, January 8, 2007

CHANGES SOUGHT IN SF'S PROPOSED 'TOXIC TOY' LAW

[Rachel's introduction: In response to two lawsuits by chemical manufacturers, San Francisco will modify its precautionary law that aimed to reduce children's exposure to certain toxic chemicals.]

By Jane Kay, Chronicle Environment Writer

San Francisco health officials said Monday they are asking the city's supervisors to make significant changes in a pioneering "toxic toy" ordinance aimed at eliminating children's exposure to two widely used chemicals with suspected links to cancer and developmental problems.

Department of Public Health director Dr. Mitchell Katz and Jared Blumenfeld, director of the city's Environment Department, are proposing amendments that would scale down the number of regulated products but would expand enforcement and penalty provisions in the law.

The amendments will be presented at the Jan. 23 meeting of the San Francisco Board of Supervisors.

Chemical and toy manufacturers and retailers sued the city last year, alleging that the chemicals are used safely in the products and that San Francisco doesn't have the authority to pass such a law. After the proposed amendments were released Monday, the plaintiffs agreed to put the suit on hold until after the supervisors vote on the matter.

The plaintiffs include Citikids Baby News, California Retailers Association, California Grocers Association, Juvenile Products Manufacturers Association and the American Chemistry Council, which represents Dow Chemical, General Electric Plastics and other makers of bisphenol A.

City officials agreed to hold off enforcement of the law until the supervisors vote. Superior Court Judge Peter Busch on Monday signed the agreement among the parties.

Under the amendments:

-- The ban on bisphenol A in toys and child care products would be delayed for a year to see whether the state Legislature passes a similar measure.

-- The prohibition against certain concentrations of six forms of phthalates would apply only to a list of children's products prepared by the two city departments over the next 18 months. Products would be added to the list.

-- Manufacturers, distributors or retailers violating the law within six months of when a product is placed on the list would be subject to fines up to $500. Twelve months after a product goes on the list, businesses would be subject to fines up to $1,000 and six months in the county jail.

-- The law would apply to all children, not just those 3 years old and under. "Toy" would be defined as a product "designed and made for the amusement of a child or for his or her use in play and likely to be placed in a child's mouth."

Chemical manufacturers say that low levels of the chemicals pose no health problems for children, and that federal agencies are doing a good job of keeping unsafe chemicals out of toys.

But many scientists say that emerging studies show that bisphenol A, which is used to make polycarbonate plastic baby bottles and many other products, can alter the function of the brain, the pancreas as well as mammary, thyroid and prostate glands in animals.

Phthalates, which are used to soften plastic such as polyvinyl chloride, or PVC, have been shown in animal studies to interfere with hormonal systems, disrupt testosterone production and cause malformed sex organs.

Former San Francisco Supervisor and state Assemblywoman Fiona Ma, who brought the ordinance before the supervisors last year, has pledged to introduce the measure in the Legislature this year. A similar bill failed in the Legislature last year.

E-mail Jane Kay at jkay@sfchronicle.com.