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Supervisors amend city's toys ordinance to ban phthalates, postpone bisphenol A ban pending state action
Summary
The Board amended a 2006 ordinance to strengthen a ban on phthalates in toys and certain child-care products, directed city departments to publish product lists, set implementation and enforcement timelines, and postponed a separate ban on bisphenol A (BPA) pending state action and further evidence.
The San Francisco Board of Supervisors amended an existing local ordinance on April 10 to broaden the local ban on certain phthalates in children's products and to postpone a proposed ban on bisphenol A (BPA) pending further state action and additional scientific and market information.
Supervisor Alioto Pier, speaking as sponsor of the amendment, said the revised ordinance expands the categories of covered products and directs the Department of Public Health and the Department of the Environment to identify products on store shelves that contain phthalates and prepare a public list to help retailers comply. The amended rules set an implementation schedule tied to publication: implementation will begin 18 months after adoption and enforcement will begin 24 months after adoption.
Dr. Rajeev Bhatia, Director of Environmental Health at the Department of Public Health, told the board the stepwise approach reflected differences in the available scientific evidence and market alternatives. "No government entity on the planet Earth has banned bisphenol a," Bhatia said during the hearing, explaining the department's recommendation to defer a BPA ban because of limited product and alternatives data.
The board also heard that the European Union has banned six phthalates from childcare products; supervisors noted that phthalates have been linked in studies to reproductive-development concerns. The ordinance amendments include a requirement that departments publish product findings on their websites to assist retailers and the public.
Votes and procedure: Supervisor Alioto Pier moved the technical amendments and the board divided the question to separate the BPA provisions; after committee amendments the item passed on the divided questions and on the item as amended on first reading. The roll-call votes recorded unanimous or near-unanimous support in committee and, on the divided item, the board recorded votes showing the item passed; the item passed on first reading as amended.
Why it matters: The ordinance enacts a local regulatory approach to reduce children's exposure to phthalates while awaiting clearer scientific and regulatory consensus on BPA. The phased compliance timeline is intended to give retailers time to identify affected products and adjust inventory.
Ending: The measure will return for subsequent readings and final adoption consistent with the city's legislative schedule; the board directed the Departments of Public Health and the Environment to publish product lists and to prepare for enforcement following the posted timeline.
