Status Update:  State and Local Ordinances

With the passage of state legislation AB 1108 in 2007, most of the provisions of San Francisco’s Healthy Products Healthy Children ordinance are now covered by the state statute. AB 1108 was Chaptered by the Secretary of State on October 14, 2007, (Chapter 672, Statutes of 2007).

SFDPH is working with Department of Environment to determine what continued roles our agencies will play in performing testing and developing product lists to assist the state with implementation of AB1108.

An amendment to the local ordinance was recommended by the City Operations and Neighborhood Services Committee on March 20, 2008. The amendments passed the Board of Supervisors second reading on April 8, 2008.

The amendments affect only the the phthalate restrictions. In addition, SFDPH will continue to work with Department of Environment to review the National Toxicology Program’s report on Bisphenol-A when it is finalized, and make recommendations on appropriate actions to address potential risks to public health presented by Bisphenol-A.

Local Legislative and Implementation History

In June 2006, San Francisco's Board of Supervisors unanimously approved legislation that banned the manufacture, sale, and distribution of child care articles and toys intended for use by children under age three containing bisphenol-a and six phthalates. The ordinance was intended to protect children from the hormone-disrupting effects of these chemicals. The scientific evidence on the hormone disrupting effects of these chemicals is strong, however there is not consensus in the scientific community as to the levels at which effects might occur in humans.

The San Francisco Department of Public Health Environmental Health Section and Program on Health, Equity and Sustainability worked closely with the Department of Environment to propose amendments to the existing ordinance. The amendments clarified the implementation of the ordinance and provided for specific enforcement options.  The new version of the ordinance required regulation of toys containing phthalates, and stipulates that SFDPH work with the Department of Environment to develop recommendations regarding the regulation of products containing bisphenol-A.

The amendments were discussed at the City Operations and Neighborhood Services Committee on March 8, 2007, and the Healthy Products, Healthy Children ordinance passed on second reading by the Board of Supervisors on April 17, 2007.

Stakeholder Meeting

Prior to passage of the state legislation, San Francisco Department of Public Health and San Francisco Department of Environment hosted a meeting to allow stakeholders the opportunity to provide input in the implementation and enforcement process. With passage of AB1108, the future stakeholder meetings are not scheduled at this time. Please click to view the Healthy Products Healthy Children Stakeholder Meeting #1 Invitation and fact sheet. Click to view the HPHC Meeting #1 Preliminary Agenda.

More Information

For more information on toy regulations in the European Union, refer to the following resources:

  • United Kingdom consultation on the implementation of European Commission Directives 2005/84/EC, 2005/59/EC and 2005/90/EC concerning the prohibition of phthalates, toluene and certain carcinogens, mutagens and substances toxic to reproduction (cmrs).
  • Denmark National Environmental Research Institute, Ministry of the Environment Compliance testing of phthalates in toys: Analytical chemical control of chemical substances and products NERI Research Notes No. 185.
  • European Union guidance on the definition of what is meant by “can be placed in the child’s mouth”