Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others. Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements.

On or after July 1, 2024, this bill, to be known as Tylers Law, would prohibit a person, retailer, or online marketplace from selling sodium nitrite to a person under 18 years of age and sodium nitrite in concentrations greater than 10% to a person 18 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 18 years of age through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 18 years of age, or the purchaser acknowledged before purchase they were at least 18 years of age and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act. The bill would exclude from these provisions the sale of sodium nitrite to a business.

Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others. Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements.

On or after July 1, 2024, this bill, to be known as Tylers Law, would prohibit a person, retailer, or online marketplace from selling sodium nitrite to a person under 18 years of age and sodium nitrite in concentrations greater than 10% to a person 18 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 18 years of age through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 18 years of age, or the purchaser acknowledged before purchase they were at least 18 years of age and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act. The bill would exclude from these provisions the sale of sodium nitrite to a business.

Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others. Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements.

On or after July 1, 2014, this bill bill, to be known as Tylers Law, would prohibit a person, retailer, or online marketplace from selling sodium nitrite to a person under 18 years of age and sodium nitrite in concentrations greater than 10% to a person 18 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 18 years of age through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 18 years of age, or the purchaser acknowledged before purchase they were at least 18 years of age and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act. The bill would exclude from these provisions the sale of sodium nitrite to a business.

Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others. Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements.

On or after July 1, 2014, this bill would prohibit a person, retailer, or online marketplace from selling sodium nitrite to a person under 18 years of age and sodium nitrite in concentrations greater than 10% to a person 18 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 18 years of age and through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 18 years of age, or the purchaser acknowledged before purchase they were at least 18 years of age and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act. The bill would exclude from these provisions the sale of sodium nitrite to a business.

Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others. Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements.

On or after July 1, 2014, this bill would prohibit a person, retailer, or online marketplace from selling sodium nitrite to a person under 21 18 years of age and sodium nitrite in concentrations greater than 10% to a person 21 18 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 21 18 years of age through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 21 years of age. and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act. The bill would exclude from these provisions the sale of sodium nitrite to a business.

Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others.

This bill would prohibit the sale of a person, retailer, or online marketplace from selling sodium nitrite in concentrations greater than 10% to a person under 21 years of age by a person, retailer, or online marketplace. and sodium nitrite in concentrations greater than 10% to a person 21 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 21 years of age through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 21 years of age. The bill would exclude from these provisions the sale of sodium nitrite to a business.

Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others, and makes sales in violation of these prohibitions subject to a criminal penalty.

This bill would prohibit the sale of sodium nitrite to a person under 21 years of age and would make a violation of that provision a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1109

Author:(Connolly)

As Amended Ver:August 14, 2023

Majority vote

SUMMARY

Makes it unlawful, on or after July 1, 2024, for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age; and, makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10% to a person 18 years of age or older. Specifies it is a defense to a violation of selling to a minor to demonstrate that the purchaser acknowledge before purchase they were at least 18 years of age and the person, retailer, or online marketplace complies with the California Age-Appropriate Design Code Act.

Senate Amendments

1. Establish Tyler's Law.
2. Specify it is a defense to a violation of selling to a minor to demonstrate that the person, retailer, online marketplace is able to demonstrate both of the following:
   1. The purchaser acknowledged before purchase they were at least 18 years of age through an effective system, as specified; and,
   2. The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 18 years of age.

COMMENTS

1. Sodium Nitrite. Sodium nitrite is an odorless, yellowish white, crystalline (sand-like) granule, rod, or powder. It is used in heat transfer salts, metal treatment and finishing, as a color fixative and preservative for meats and fish, in pharmaceuticals, and as an antidote for Cyanide poisoning. Sodium nitrite can affect an individual when inhaled and may be absorbed through the skin. Contact can irritate the skin and eyes; inhaling sodium nitrite can irritate the nose and throat; high levels of this substance can reduce the blood's ability to transport oxygen, causing headache, fatigue, dizziness, nausea, vomiting, diarrhea, abdominal pain, and a blue color to the skin and lips (methemoglobinemia). Exposure to very high levels can cause trouble breathing, collapse and even death.

When it comes to food, it should be noted that sodium nitrite is not the same as sodium nitrate. Although both are salts and both act a food preservatives, sodium nitrite is commonly used to cure ham and bacon and also prevents the growth of Clostridium botulinum, the bacteria which causes botulism. On the other hand, sodium nitrate is often added to jerky, bacon and luncheon meats. Sodium nitrate has antimicrobial properties when used as a food preservative. It is also found naturally in leafy green vegetables.

1. Suicides related to use of sodium nitrite. Ingestion of large amounts of sodium nitrite can cause methemoglobinemia, a blood disorder in which too little oxygen is delivered to the cells, which can lead to hypoxia (oxygen deficiency) and sometimes death. According to a 2022 article entitled "Survival after Self-Poisoning with Sodium Nitrite: A Case Report, (Case Report)" the California Poison Control System (CPCS) was consulted on five patients who intentionally ingested sodium nitrite between May and November of 2019. All cases acquired the product from online vendors. There were no cases reported to CPCS in the five years prior.

According to the American's Poison Centers, which represents 55 poison centers across the country, poison control centers across the United States reported a 253% increase in self-poisoning with nitrites and nitrates and a 166% increase in fatalities in 2021 in comparison to 2018. This is at the same time there is increased accessibility of sodium nitrite through online vendors and recommendations frequently shared in online communities that it can be used as an effective method of suicide.

According to the author, while there is no legitimate use for sodium nitrite in concentrations of purity above 10%, major retailers like Amazon have been selling it at levels of purity up to 99%. Last year, the parents of a 16-year old and parents of 17-year old filed a complaint in California state court alleging that Amazon assisted in the deaths of two minors by selling them pure forms of sodium nitrite, some in such high concentrations that a single teaspoon could be fatal.

1. Age verification requirements. AB 2273 (Wicks), Chapter 320, Statutes of 2022, enacts the California Age-Appropriate Design Code Act, which, commencing July 1, 2024, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.

According to the Author

Despite pure sodium nitrite having no legitimate application in everyday life, teenagers have been able to easily purchase the chemical in cheap, concentrated forms through several different retail platforms. The widespread availability of such a deadly compound has undeniably worsened our mental health crisis by providing teenagers in a moment of struggle, an easy means of taking their own lives. The author states that this bill addresses this issue by raising the purchase age of sodium nitrite, restricting the pureness of the chemical being sold, and ensuring that platforms have strong age verification systems in place. The author concludes that this bill will dissuade young people from making a potentially devastating and irreversible decision.

Arguments in Support

There is no known support to this bill.

Arguments in Opposition

There is no known opposition to this bill.

FISCAL COMMENTS

None

VOTES:

ASM HEALTH: 15-0-0

YES: Wood, Waldron, Aguiar-Curry, Arambula, Boerner, Wendy Carrillo, Flora, Vince Fong, Maienschein, McCarty, Joe Patterson, Rodriguez, Santiago, Villapudua, Weber

ASSEMBLY FLOOR: 75-0-5

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz  Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon

ABS, ABST OR NV: Cervantes, Vince Fong, Friedman, Waldron, Wilson

SENATE FLOOR: 37-0-3

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Blakespear, Limón, Stern

UPDATED

VERSION: August 14, 2023

CONSULTANT: Rosielyn Pulmano / HEALTH / (916) 319-2097 FN: 0001461

 THIRD READING  

Bill No: AB 1109

Author: Connolly (D), et al.

Amended: 8/14/23 in Senate

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 6/19/23

AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Dodd, Eggman, Glazer, Niello, Smallwood-Cuevas, Wahab, Wilk

NO VOTE RECORDED: Becker

ASSEMBLY FLOOR: 75-0, 5/18/23 - See last page for vote

SUBJECT: Product sales: sodium nitrite

SOURCE: Author

DIGEST:

This bill makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age and provides defenses for a violation of this provision beginning July 1, 2024. This bill also makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older. This bill adds information regarding Tyler, the reason behind the bill, also known as “Tyler’s Law,” and makes technical and clarifying changes.

Senate Floor Amendments of 8/14/23 make technical and clarifying changes and add information regarding Tyler in this bill, known as Tyler’s Law.

ANALYSIS:

Existing law:

1. Establishes the federal Food, Drug, and Cosmetic Act (FFDCA), which among various functions regulates food, drugs, dietary supplements, and cosmetics. (21 United States Code § 310 et.seq.)
2. Allows sodium nitrite, as a the food additive, to be safely used in or on specified foods according to the following prescribed conditions and pursuant to federal regulation. Requires, to assure safe use of the additive, in addition to the other information required by FFDCA, the label of the additive or of a mixture containing the additive to bear specific information.
3. Requires, if in a retail package intended for household use, the label and labeling of the additive, or of a mixture containing the additive, to bear adequate directions for use to provide a final food product which complies with certain limitations. Requires, if in a retail package intended for household use, the label of the additive, or of a mixture containing the additive, to bear the statement "Keep out of the reach of children." (21 Code of Federal Regulations § 172.175)
4. Establishes the Sherman Food, Drug and Cosmetics Law, administered by the California Department of Public Health (DPH), which regulates the packaging, labeling, and advertising of drugs and devices, including dietary supplements. (Health & Safety Code (HSC) § 109875-111929.4)
5. Establishes the California Age-Appropriate Design Code Act, commencing July 1, 2024, which requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature. (Civil Code § 1798.99.28 et seq.)
6. States that starting January 1, 2009, no person or entity will manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent, among other safety measures. (HSC § 108937 et seq.)
7. Provides protections against chemicals known as brominated flame retardants (BFRs) are widely used in California, which have been linked to disrupting thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities, as well as potentially cancer. (HSC § 108920 et seq.)
8. Prohibits the manufacture, sale, delivery or offering for sale any cosmetic product that contains specific intentionally added ingredients, including specified phthalates, formaldehyde, mercury, parabens, and specified polyfluoroalkyl substances, beginning January 1, 2025. (HSC § 108980-108982)
9. Prohibits the sale, manufacture, or exchange of any toy that is contaminated with any toxic substance or that is coated with paints and lacquers with lead compounds, as specified. (HSC § 108555)
10. Specifies that no person may manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-10th of 1% of pentaBDE (pentabrominated diphenyl ether), or octaBDE, as specified, on or after June 1, 2006. (HSC § 108922)
11. Prohibits the manufacture, sale, or distribution of any toy or child care article that contain phthalates, in concentrations exceeding 0.1%, as specified. (HSC § 108935-108939)
12. Prohibits, on or after July 1, 2023, the manufacture, sale or distribution of any new juvenile product that contains regulated PFAS chemicals. Defines juvenile product as a product that is designed for use by infants and children under 12 years of age, including pillows, highchair, play yard, stroller, and mattress, as specified. (HSC § 108944-108947)

This bill:

1. Makes various findings and declarations about suicide and young people and that sodium nitrite can be easily purchased online and in retail stores by children and teenagers.
2. States that on or after July 1, 2024, it is unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age.
3. States that it is unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older.
4. States it is a defense to a violation of 2) if a person can demonstrate either of the following:
   1. The person, retailer, or online marketplace is able to demonstrate both of the following:
      1. The purchaser acknowledged before purchase they were at least 18 years of age through an effective system created by the person, retailer, or online marketplace that is capable of verifying the age of purchasers to ensure they are above the minimum legal age to purchase a product. This system shall not rely on any of the following:
         1. The purchaser simply providing a date of birth without additional verification.
         2. Using tick boxes to ask purchasers to confirm they are over the minimum age.
         3. Using a general disclaimer such as: “Anyone ordering this product from our website will be deemed to be at least 18 years of age.”
         4. Using an “accept” statement for the purchaser to confirm that they have read the terms and conditions and are over the minimum age.
         5. Using e-payment services that do not verify a user’s age.
         6. Only accepting payment by credit card without additional age verification.
      2. The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 18 years of age.
   2. The purchaser acknowledged before purchase they were at least 18 years of age, and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act (Title 1.81.47 (commencing with Section 1798.99.28) of Part 4 of Division 3 of the Civil Code).
5. States this bill does not apply to the sale of sodium nitrite to a business.
6. Makes technical and clarifying changes and also adds information about Tyler, the reason behind this bill, known as “Tyler’s Law.”

Background

Previous Legislative Efforts Around Business Regulation And Ensuring Health and Safety for Californians. In the past almost twenty years, the Legislature has heard bills that discuss the importance of ensuring prohibition and sales on certain products. In 2007, SB 456 (Simitian, 2007) would have prohibited a person from manufacturing, processing, or distributing in commerce a product containing diacetyl, except that this prohibition would have been delayed, as prescribed. Diacetyl is a compound that, according to the bill’s findings and declarations, is “associated with constrictive bronchiolitis obliterans, a severe and potentially fatal lung disease that causes inflammation and scarring in the small airways of the lungs which leads to severe impairment of lung function. Most cases do not respond to medical treatment and can only be cured by lung transplant.” The purpose of the bill was to find a “precautionary approach regarding the production, use, storage, or disposal of products containing diacetyl, which is an artificial flavoring mixed with other ingredients to produce a butter-like flavor in a variety of food products. It is used in hundreds of consumer food products, including, but not limited to, microwave popcorn, pancake syrup, cakes, candies, and frozen foods.” Ultimately, the bill was placed on the inactive file on the Assembly Floor. Unlike in the above case where a precautionary approach was warranted because diacetyl was associated with a fatal lung disease, in this case, young people have actually died as a direct result of sodium nitrite intake.

In 2011, SB 514 (Simitian, Chapter 199, Statutes of 2011) made it a crime for any person, retailer, or corporation to willfully and knowingly provide dimenhydrinate or dextromethorphan (DXM) to a minor in an over-the-counter sale without a prescription, as specified. This law also presumes that any transaction in which the defendant failed to check the identification of a person who did not appear to be at least 25 years of age violates this new crime. It also allows an affirmative defense where the seller demanded and reasonably relied on apparently valid proof of the purchaser’s age, as specified, and requires a seller of over-the-counter DXM to use, if feasible, a cash register equipped with an age verification feature, as specified, among other things. DXM is a cough suppressant found in over the counter flu and cough mediations, including cough syrups. It can be addictive and toxic, and life-threatening when taken in too high of doses.

In 2013, SB 1144 (Strickland, Chapter 867, Statutes of 2013) required any manufacturer, wholesaler, retailer, or other person or entity in this state that sells, transfers, or otherwise furnishes substances to any person or entity in this state or any other state to submit a report to the Department of Justice of all of those transactions. The substances discussed here include methylamine and pseudoephedrine, among others. Moreover, any manufacturer, wholesaler, retailer, or other person or entity in this state needed to provide a current valid business license number or DEA registration number, among other things, as specified.

Therefore reporting requirements, providing licensing information, prohibition against sale of a known toxic and life-threatening substance over the counter to minors, and various presumptions and defenses, are commonly part of California’s history around efforts to protect the public, and especially minors, in these cases.

Finally, existing law requires guardrails around chemicals that can be harmful to overall health. This includes the manufacture, sale, and distribution of toys or child care articles containing amounts of DEHP, DBP, or BBP, phthalates, or PFAS chemicals found in pillows, highchairs, play yards, strollers, and mattresses as specified; have protections against brominated flame retardants (BFRs); prohibit the manufacture, sale, and delivery or offering for sale of any cosmetic product that contains specific intentionally added ingredients, including specified phthalates, formaldehyde, mercury, parabens, and specified polyfluoroalkyl substances); and prohibit the manufacture, sale, or exchange of a toy coated with paints and lacquers with lead compounds, prohibits the manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether), or octaBDE.

Sodium Nitrite and Increased Suicide Attempts. Sodium nitrite is a white, odorless, crystalline powder, granule or rod. Typically, the substance is used as a common preservative in cured meats to increase shelf life. It can also be used in animal control, car maintenance, and as part of severe cases for cyanide poisoning. If enough of it is ingested, the compound can interfere with a person’s red blood cells’ ability to transport oxygen, as well as cause headache, dizziness, fatigue, nausea, vomiting, diarrhea, abdominal pain, and even methemoglobinemia (blue coloring on the skin and lips). It is also important to note the difference between sodium nitrite and sodium nitrate, where sodium nitrate is a substance that has antimicrobial properties when used as a food preservative (such as in jerky, bacon, ham, hot dogs, and lunch meats), and is also naturally found in leafy green vegetables. Research suggests too much sodium nitrate can lead to colorectal cancer, and other diseases including leukemia, non-Hodgkin lymphoma, heart disease, and ovarian, thyroid and other types of cancer may be linked to excessive consumption of sodium nitrate.

Recently, U.S. poison centers have received a 253% increase in reports of self-poisoning with sodium nitrites and nitrates and a 166% increase in fatalities in 2021 as compared with 2018, according to America’s Poison Centers, which represents 55 poison centers across the country. They say that “since 2018, nearly 15 percent of nitrites and nitrates self-poisoning cases have resulted in death, with88 percent of individuals requiring management in a health-care facility.” Treatments for sodium nitrite poisoning, such as mythelene blue (a reducing agent that converts methemoglobin to hemoglobin and permits the normal functioning of red blood cells with oxygen), must be administered in a timely way to be effective.

This Bill. This bill makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age on or after July 1, 2024, and provides defenses for a violation of this provision. This bill also makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older. This bill also makes technical and clarifying changes and adds information about Tyler, given this bill is known as “Tyler’s Law.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/3/23)

None received

OPPOSITION: (Verified 8/3/23)

None received

ASSEMBLY FLOOR: 75-0, 5/18/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon

NO VOTE RECORDED: Cervantes, Vince Fong, Friedman, Waldron, Wilson

Prepared by: Dana Shaker / B., P. & E.D. /

8/16/23 10:34:07

**** END ****

 THIRD READING  

Bill No: AB 1109

Author: Connolly (D), et al.

Amended: 6/6/23 in Senate

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 6/19/23

AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Dodd, Eggman, Glazer, Niello, Smallwood-Cuevas, Wahab, Wilk

NO VOTE RECORDED: Becker

ASSEMBLY FLOOR: 75-0, 5/18/23 - See last page for vote

SUBJECT: Product sales: sodium nitrite

SOURCE: Author

DIGEST:

This bill makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age and provides defenses for a violation of this provision beginning July 1, 2024. This bill also makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older.

ANALYSIS:

Existing law:

1. Establishes the federal Food, Drug, and Cosmetic Act (FFDCA), which among various functions regulates food, drugs, dietary supplements, and cosmetics. (21 United States Code § 310 et.seq.)
2. Allows sodium nitrite, as a the food additive, to be safely used in or on specified foods according to the following prescribed conditions and pursuant to federal regulation. Requires, to assure safe use of the additive, in addition to the other information required by FFDCA, the label of the additive or of a mixture containing the additive to bear specific information.
3. Requires, if in a retail package intended for household use, the label and labeling of the additive, or of a mixture containing the additive, to bear adequate directions for use to provide a final food product which complies with certain limitations. Requires, if in a retail package intended for household use, the label of the additive, or of a mixture containing the additive, to bear the statement "Keep out of the reach of children." (21 Code of Federal Regulations § 172.175)
4. Establishes the Sherman Food, Drug and Cosmetics Law, administered by the California Department of Public Health (DPH), which regulates the packaging, labeling, and advertising of drugs and devices, including dietary supplements. (Health & Safety Code (HSC) § 109875-111929.4)
5. Establishes the California Age-Appropriate Design Code Act, commencing July 1, 2024, which requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature. (Civil Code § 1798.99.28 et seq.)
6. States that starting January 1, 2009, no person or entity will manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent, among other safety measures. (HSC § 108937 et seq.)
7. Provides protections against chemicals known as brominated flame retardants (BFRs) are widely used in California, which have been linked to disrupting thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities, as well as potentially cancer. (HSC § 108920 et seq.)
8. Prohibits the manufacture, sale, delivery or offering for sale any cosmetic product that contains specific intentionally added ingredients, including specified phthalates, formaldehyde, mercury, parabens, and specified polyfluoroalkyl substances, beginning January 1, 2025. (HSC § 108980-108982)
9. Prohibits the sale, manufacture, or exchange of any toy that is contaminated with any toxic substance or that is coated with paints and lacquers with lead compounds, as specified. (HSC § 108555)
10. Specifies that no person may manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether), or octaBDE, as specified, on or after June 1, 2006. (HSC § 108922)
11. Prohibits the manufacture, sale, or distribution of any toy or child care article that contain phthalates, in concentrations exceeding 0.1%, as specified. (HSC § 108935-108939)
12. Prohibits, on or after July 1, 2023, the manufacture, sale or distribution of any new juvenile product that contains regulated PFAS chemicals. Defines juvenile product as a product that is designed for use by infants and children under 12 years of age, including pillows, highchair, play yard, stroller, and mattress, as specified. (HSC § 108944-108947)

This bill:

1. Makes various findings and declarations about suicide and young people and that sodium nitrite can be easily purchased online and in retail stores by children and teenagers.
2. States that on or after July 1, 2024, it is unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age.
3. States that it is unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older.
4. States it is a defense to a violation of 2) if a person can demonstrate either of the following:
   1. The person, retailer, or online marketplace is able to demonstrate both of the following:
      1. The purchaser acknowledged before purchase they were at least 18 years of age through an effective system created by the person, retailer, or online marketplace that is capable of verifying the age of purchasers to ensure they are above the minimum legal age to purchase a product. This system shall not rely on the purchaser simply providing a date of birth without additional verification, using tick boxes to ask purchasers to confirm they are over the minimum age, using a general disclaimer such as: “Anyone ordering this product from our website will be deemed to be at least 18 years of age,” using an “accept” statement for the purchaser to confirm that they have read the terms and conditions and are over the minimum age, using e-payment services that do not verify a user’s age, or only accepting payment by credit card without additional age verification.
      2. The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 18 years of age.
   2. The purchaser acknowledged before purchase they were at least 18 years of age, and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act (Title 1.81.47 (commencing with Section 1798.99.28) of Part 4 of Division 3 of the Civil Code).
5. States this bill does not apply to the sale of sodium nitrite to a business.

Background

Previous Legislative Efforts Around Business Regulation And Ensuring Health and Safety for Californians. In the past almost twenty years, the Legislature has heard bills that discuss the importance of ensuring prohibition and sales on certain products. In 2007, SB 456 (Simitian, 2007) would have prohibited a person from manufacturing, processing, or distributing in commerce a product containing diacetyl, except that this prohibition would have been delayed, as prescribed. Diacetyl is a compound that, according to the bill’s findings and declarations, is “associated with constrictive bronchiolitis obliterans, a severe and potentially fatal lung disease that causes inflammation and scarring in the small airways of the lungs which leads to severe impairment of lung function. Most cases do not respond to medical treatment and can only be cured by lung transplant.” The purpose of the bill was to find a “precautionary approach regarding the production, use, storage, or disposal of products containing diacetyl, which is an artificial flavoring mixed with other ingredients to produce a butter-like flavor in a variety of food products. It is used in hundreds of consumer food products, including, but not limited to, microwave popcorn, pancake syrup, cakes, candies, and frozen foods.” Ultimately, the bill was placed on the inactive file on the Assembly Floor. Unlike in the above case where a precautionary approach was warranted because diacetyl was associated with a fatal lung disease, in this case, young people have actually died as a direct result of sodium nitrite intake.

In 2011, SB 514 (Simitian, Chapter 199, Statutes of 2011) made it a crime for any person, retailer, or corporation to willfully and knowingly provide dimenhydrinate or dextromethorphan (DXM) to a minor in an over-the-counter sale without a prescription, as specified. This law also presumes that any transaction in which the defendant failed to check the identification of a person who did not appear to be at least 25 years of age violates this new crime. It also allows an affirmative defense where the seller demanded and reasonably relied on apparently valid proof of the purchaser’s age, as specified, and requires a seller of over-the-counter DXM to use, if feasible, a cash register equipped with an age verification feature, as specified, among other things. DXM is a cough suppressant found in over the counter flu and cough mediations, including cough syrups. It can be addictive and toxic, and life-threatening when taken in too high of doses.

In 2013, SB 1144 (Strickland, Chapter 867, Statutes of 2013) required any manufacturer, wholesaler, retailer, or other person or entity in this state that sells, transfers, or otherwise furnishes substances to any person or entity in this state or any other state to submit a report to the Department of Justice of all of those transactions. The substances discussed here include methylamine and pseudoephedrine, among others. Moreover, any manufacturer, wholesaler, retailer, or other person or entity in this state needed to provide a current valid business license number or DEA registration number, among other things, as specified.

Therefore reporting requirements, providing licensing information, prohibition against sale of a known toxic and life-threatening substance over the counter to minors, and various presumptions and defenses, are commonly part of California’s history around efforts to protect the public, and especially minors, in these cases.

Finally, existing law requires guardrails around chemicals that can be harmful to overall health. This includes the manufacture, sale, and distribution of toys or child care articles containing amounts of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), phthalates, or PFAS chemicals found in pillows, highchairs, play yards, strollers, and mattresses as specified; have protections against brominated flame retardants (BFRs); prohibit the manufacture, sale, and delivery or offering for sale of any cosmetic product that contains specific intentionally added ingredients, including specified phthalates, formaldehyde, mercury, parabens, and specified polyfluoroalkyl substances); and prohibit the manufacture, sale, or exchange of a toy coated with paints and lacquers with lead compounds, prohibits the manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether), or octaBDE.

Sodium Nitrite and Increased Suicide Attempts. Sodium nitrite is a white, odorless, crystalline powder, granule or rod. Typically, the substance is used as a common preservative in cured meats to increase shelf life. It can also be used in animal control, car maintenance, and as part of severe cases for cyanide poisoning. If enough of it is ingested, the compound can interfere with a person’s red blood cells’ ability to transport oxygen, as well as cause headache, dizziness, fatigue, nausea, vomiting, diarrhea, abdominal pain, and even methemoglobinemia (blue coloring on the skin and lips). It is also important to note the difference between sodium nitrite and sodium nitrate, where sodium nitrate is a substance that has antimicrobial properties when used as a food preservative (such as in jerky, bacon, ham, hot dogs, and lunch meats), and is also naturally found in leafy green vegetables. Research suggests too much sodium nitrate can lead to colorectal cancer, and other diseases including leukemia, non-Hodgkin lymphoma, heart disease, and ovarian, thyroid and other types of cancer may be linked to excessive consumption of sodium nitrate.

Recently, U.S. poison centers have received a 253% increase in reports of self-poisoning with sodium nitrites and nitrates and a 166% increase in fatalities in 2021 as compared with 2018, according to America’s Poison Centers, which represents 55 poison centers across the country. They say that “since 2018, nearly 15 percent of nitrites and nitrates self-poisoning cases have resulted in death, with

88 percent of individuals requiring management in a health-care facility.” Treatments for sodium nitrite poisoning, such as mythelene blue (a reducing agent that converts methemoglobin to hemoglobin and permits the normal functioning of red blood cells with oxygen), must be administered in a timely way to be effective.

This Bill. This bill makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age on or after July 1, 2024, and provides defenses for a violation of this provision. This bill also makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/21/23)

None received

OPPOSITION: (Verified 6/21/23)

None received

ASSEMBLY FLOOR: 75-0, 5/18/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon

NO VOTE RECORDED: Cervantes, Vince Fong, Friedman, Waldron, Wilson

Prepared by: Dana Shaker / B., P. & E.D. /

6/21/23 14:29:24

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Richard Roth, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 19, 2023

Subject:

SUMMARY:

Beginning July 1, 2024, makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age and provides defenses for a violation of this provision. Makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older. Makes findings and declarations.

Existing law:

1. Establishes the federal Food, Drug, and Cosmetic Act (FFDCA), which among various functions regulates food, drugs, dietary supplements, and cosmetics. (21 United States Code § 310 et.seq.)
2. Allows sodium nitrite, as a the food additive, to be safely used in or on specified foods according to the following prescribed conditions and pursuant to federal regulations:
   
3. It is used or intended for use as follows:
   
   • 1. As a color fixative in smoked cured tuna fish products so that the level of sodium nitrite does not exceed 10 parts per million (0.001%) in the finished product;
     2. As a preservative and color fixative, with or without sodium nitrate, in smoked, cured sablefish, smoked, cured salmon, and smoked, cured shad so that the level of sodium nitrite does not exceed 200 parts per million and the level of sodium nitrate does not exceed 500 parts per million in the finished product; and
     3. As a preservative and color fixative, with sodium nitrate, in meat-curing preparations for the home curing of meat and meat products (including poultry and wild game), with directions for use which limit the amount of sodium nitrite to not be more than 200 parts per million in the finished meat product, and the amount of sodium nitrate to not be more than 500 parts per million in the finished meat product.
        
4. Requires, to assure safe use of the additive, in addition to the other information required by FFDCA, the label of the additive or of a mixture containing the additive to bear:
   
   • 1. The name of the additive;
     2. A statement of the concentration of the additive in any mixture.
        
5. Requires, if in a retail package intended for household use, the label and labeling of the additive, or of a mixture containing the additive, to bear adequate directions for use to provide a final food product which complies with the limitations prescribed in a) above.
   
6. Requires, if in a retail package intended for household use, the label of the additive, or of a mixture containing the additive, to bear the statement "Keep out of the reach of children." (21 Code of Federal Regulations § 172.175)
7. Establishes the Sherman Food, Drug and Cosmetics Law, administered by the California Department of Public Health (DPH), which regulates the packaging, labeling, and advertising of drugs and devices, including dietary supplements. (Health & Safety Code (HSC) § 109875-111929.4)
8. Defines food as:
9. Any article used or intended for use for food, drink, confection, condiment, or chewing gum by man or other animal;
   
10. Any article used or intended for use as a component of any article designated in a) above. (HSC § 109935).
11. Establishes the California Age-Appropriate Design Code Act, commencing July 1, 2024, which requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature. (Civil Code § 1798.99.28 et seq.)
12. States that starting January 1, 2009, no person or entity will manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent, among other safety measures. (HSC § 108937 et seq.)
13. Provides protections against chemicals known as brominated flame retardants (BFRs) are widely used in California, which have been linked to disrupting thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities, as well as potentially cancer. (HSC § 108920 et seq.)
14. Prohibits the manufacture, sale, delivery or offering for sale any cosmetic product that contains specific intentionally added ingredients, including specified phthalates, formaldehyde, mercury, parabens, and specified polyfluoroalkyl substances, beginning January 1, 2025. (HSC § 108980-108982)
15. Prohibits the sale, manufacture, or exchange of any toy that is contaminated with any toxic substance or that is coated with paints and lacquers with lead compounds, as specified. (HSC § 108555)
16. Specifies that no person may manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether), or octaBDE, as specified, on or after June 1, 2006. (HSC § 108922)
17. Prohibits the manufacture, sale, or distribution of any toy or child care article that contain phthalates, in concentrations exceeding 0.1%, as specified. (HSC § 108935-108939)
    
18. Prohibits, on or after July 1, 2023, the manufacture, sale or distribution of any new juvenile product that contains regulated PFAS chemicals. Defines juvenile product as a product that is designed for use by infants and children under 12 years of age, including pillows, highchair, play yard, stroller, and mattress, as specified. (HSC § 108944-108947)

This bill:

1. Makes the following findings and declarations:
2. Suicide is one of the leading causes of death for children and teens in the United States.
3. More than 10 percent of youth under 17 years of age experience depression that impairs their ability to function, and over one-half of those who experience depression do not receive treatment.
4. Suicide and suicide attempts have increased significantly among children and teens in the last 20 years, including a fivefold increase among children between 10 and 12 years of age.
5. Sodium nitrite, a food preservative that is fatal at high levels of purity, can be easily purchased online and in retail stores by children and teenagers.
6. Poison control centers throughout the country have reported a 253-percent increase in self-poisoning with nitrites and a 166-percent increase in fatalities in 2021 compared to 2018.
7. States that on or after July 1, 2024, it is unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age.
8. States that it is unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older.
9. States it is a defense to a violation of 2) if a person can demonstrate either of the following:
10. The person, retailer, or online marketplace is able to demonstrate both of the following:
    • 1. The purchaser acknowledged before purchase they were at least 18 years of age through an effective system created by the person, retailer, or online marketplace that is capable of verifying the age of purchasers to ensure they are above the minimum legal age to purchase a product. This system shall not rely on the purchaser simply providing a date of birth without additional verification, using tick boxes to ask purchasers to confirm they are over the minimum age, using a general disclaimer such as: “Anyone ordering this product from our website will be deemed to be at least 18 years of age,” using an “accept” statement for the purchaser to confirm that they have read the terms and conditions and are over the minimum age, using e-payment services that do not verify a user’s age, or only accepting payment by credit card without additional age verification.
      2. The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 18 years of age.
    1. The purchaser acknowledged before purchase they were at least 18 years of age, and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act (Title 1.81.47 (commencing with Section 1798.99.28) of Part 4 of Division 3 of the Civil Code).
11. States this section does not apply to the sale of sodium nitrite to a business.
12. States the provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

FISCAL EFFECT:

Unknown. This bill is not keyed fiscal by Legislative Counsel.

COMMENTS:

1. Purpose. The Author is the Sponsor of this bill. According to the Author, “This bill seeks to restrict the sale of sodium nitrite to those under the age of 18 and restricts online retailers from selling it in purities over 10 percent, except to legitimate business entities. The bill also establishes a defense if the purchaser acknowledged and verifies through the California Age-Appropriate Design Code Act, that the purchaser was at least 18 years old, and the retailer took all reasonable precautions to ensure this fact.”
2. Background.

Previous Legislative Efforts Around Business Regulation And Ensuring Health and Safety for Californians. In the past almost twenty years, the Legislature has heard bills that discuss the importance of ensuring prohibition and sales on certain products. In 2007, SB 456 (Simitian, 2007) would have prohibited a person from manufacturing, processing, or distributing in commerce a product containing diacetyl, except that this prohibition would have been delayed, as prescribed. Diacetyl is a compound that, according to the bill’s findings and declarations, is “associated with constrictive bronchiolitis obliterans, a severe and potentially fatal lung disease that causes inflammation and scarring in the small airways of the lungs which leads to severe impairment of lung function. Most cases do not respond to medical treatment and can only be cured by lung transplant.” The purpose of the bill was to find a “precautionary approach regarding the production, use, storage, or disposal of products containing diacetyl, which is an artificial flavoring mixed with other ingredients to produce a butter-like flavor in a variety of food products. It is used in hundreds of consumer food products, including, but not limited to, microwave popcorn, pancake syrup, cakes, candies, and frozen foods.” Ultimately, this bill was placed on the inactive file on the Assembly Floor. Unlike in the above case where a precautionary approach was warranted because diacetyl was associated with a fatal lung disease, in this case, young people have actually died as a direct result of sodium nitrite intake.

In 2011, SB 514 (Simitian, Chapter 199, Statutes of 2011) made it a crime for any person, retailer, or corporation to willfully and knowingly provide dimenhydrinate or dextromethorphan (DXM) to a minor in an over-the-counter sale without a prescription, as specified. This law also presumes that any transaction in which the defendant failed to check the identification of a person who did not appear to be at least 25 years of age violates this new crime. It also allows an affirmative defense where the seller demanded and reasonably relied on apparently valid proof of the purchaser’s age, as specified, and requires a seller of over-the-counter DXM to use, if feasible, a cash register equipped with an age verification feature, as specified, among other things. DXM is a cough suppressant found in over the counter flu and cough mediations, including cough syrups. It can be addictive and toxic, and life-threatening when taken in too high of doses.

In 2013, SB 1144 (Strickland, Chapter 867, Statutes of 2013) required any manufacturer, wholesaler, retailer, or other person or entity in this state that sells, transfers, or otherwise furnishes substances to any person or entity in this state or any other state to submit a report to the Department of Justice of all of those transactions. The substances discussed here include methylamine and pseudoephedrine, among others. Moreover, any manufacturer, wholesaler, retailer, or other person or entity in this state needed to provide a current valid business license number or DEA registration number, among other things, as specified.

Therefore reporting requirements, providing licensing information, prohibition against sale of a known toxic and life-threatening substance over the counter to minors, and various presumptions and defenses, are commonly part of California’s history around efforts to protect the public, and especially minors, in these cases.

Finally, existing law requires guardrails around chemicals that can be harmful to overall health. This includes the manufacture, sale, and distribution of toys or child care articles containing amounts of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), phthalates, or PFAS chemicals found in pillows, highchairs, play yards, strollers, and mattresses as specified; have protections against brominated flame retardants (BFRs); prohibit the manufacture, sale, and delivery or offering for sale of any cosmetic product that contains specific intentionally added ingredients, including specified phthalates, formaldehyde, mercury, parabens, and specified polyfluoroalkyl substances); and prohibit the manufacture, sale, or exchange of a toy coated with paints and lacquers with lead compounds, prohibits the manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether), or octaBDE.

Sodium Nitrite and Increased Suicide Attempts. Sodium nitrite is a white, odorless, crystalline powder, granule or rod. Typically, the substance is used as a common preservative in cured meats to increase shelf life. It can also be used in animal control, car maintenance, and as part of severe cases for cyanide poisoning. If enough of it is ingested, the compound can interfere with a person’s red blood cells’ ability to transport oxygen, as well as cause headache, dizziness, fatigue, nausea, vomiting, diarrhea, abdominal pain, and even methemoglobinemia (blue coloring on the skin and lips). It is also important to note the difference between sodium nitrite and sodium nitrate, where sodium nitrate is a substance that has antimicrobial properties when used as a food preservative (such as in jerky, bacon, ham, hot dogs, and lunch meats), and is also naturally found in leafy green vegetables. Research suggests too much sodium nitrate can lead to colorectal cancer, and other diseases including leukemia, non-Hodgkin lymphoma, heart disease, and ovarian, thyroid and other types of cancer may be linked to excessive consumption of sodium nitrate.

Recently, U.S. poison centers have received a 253% increase in reports of self-poisoning with sodium nitrites and nitrates and a 166% increase in fatalities in 2021 as compared with 2018, according to America’s Poison Centers, which represents 55 poison centers across the country. They say that “since 2018, nearly 15 percent of nitrites and nitrates self-poisoning cases have resulted in death, with 88 percent of individuals requiring management in a health-care facility.” Treatments for sodium nitrite poisoning, such as mythelene blue (a reducing agent that converts methemoglobin to hemoglobin and permits the normal functioning of red blood cells with oxygen), must be administered in a timely way to be effective.

This Bill. This bill would make it unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age on or after July 1, 2024, and provides defenses for a violation of this provision. It would also make it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10 percent to a person 18 years of age or older.

1. Related Legislation. AB 1210 (Kalra, 2023) would state no person or entity will sell or offer for sale in the state sodium nitrite at a purity level that exceeds 10 percent without a label on the immediate container of sodium nitrite, as specified, and a label on the outside of the shipping package that contains sodium nitrite. Requires any violation of this section to be subject to a civil penalty of ten thousand dollars ($10,000) for the first violation, and a civil penalty of no more than one million dollars ($1,000,000) for a second or subsequent violation. (Status: This bill is also pending in this committee.)

SUPPORT AND OPPOSITION:

Support:

None received

Opposition:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1109

Author:(Connolly)

As Amended Ver:April 27, 2023

Majority vote

SUMMARY

Makes it unlawful, on or after July 1, 2024, for a person, retailer, or online marketplace to sell sodium nitrite to a person under 18 years of age; and, makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10% to a person 18 years of age or older. Specifies it is a defense to a violation of selling to a minor to demonstrate that the purchaser acknowledge before purchase they were at least 18 years of age and the person, retailer, or online marketplace complies with the California Age-Appropriate Design Code Act.

Major Provisions

COMMENTS

1. Sodium Nitrite. Sodium nitrite is an odorless, yellowish white, crystalline (sand-like) granule, rod, or powder. It is used in heat transfer salts, metal treatment and finishing, as a color fixative and preservative for meats and fish, in pharmaceuticals, and as an antidote for Cyanide poisoning. Sodium nitrite can affect an individual when inhaled and may be absorbed through the skin. Contact can irritate the skin and eyes; inhaling sodium nitrite can irritate the nose and throat; high levels of this substance can reduce the blood's ability to transport oxygen, causing headache, fatigue, dizziness, nausea, vomiting, diarrhea, abdominal pain, and a blue color to the skin and lips (methemoglobinemia). Exposure to very high levels can cause trouble breathing, collapse and even death.

When it comes to food, it should be noted that sodium nitrite is not the same as sodium nitrate. Although both are salts and both act a food preservatives, sodium nitrite is commonly used to cure ham and bacon and also prevents the growth of Clostridium botulinum, the bacteria which causes botulism. On the other hand, sodium nitrate is often added to jerky, bacon and luncheon meats. Sodium nitrate has antimicrobial properties when used as a food preservative. It is also found naturally in leafy green vegetables.

1. Suicides related to use of sodium nitrite. Ingestion of large amounts of sodium nitrite can cause methemoglobinemia, a blood disorder in which too little oxygen is delivered to the cells, which can lead to hypoxia (oxygen deficiency) and sometimes death. According to a 2022 article entitled "Survival after Self-Poisoning with Sodium Nitrite: A Case Report, (Case Report)" the California Poison Control System (CPCS) was consulted on five patients who intentionally ingested sodium nitrite between May and November of 2019. All cases acquired the product from online vendors. There were no cases reported to CPCS in the five years prior.

According to the American's Poison Centers, which represents 55 poison centers across the country, poison control centers across the United States reported a 253% increase in self-poisoning with nitrites and nitrates and a 166% increase in fatalities in 2021 in comparison to 2018. This is at the same time there is increased accessibility of sodium nitrite through online vendors and recommendations frequently shared in online communities that it can be used as an effective method of suicide.

According to the author, while there is no legitimate use for sodium nitrite in concentrations of purity above 10%, major retailers like Amazon have been selling it at levels of purity up to 99%. Last year, the parents of a 16-year old and parents of 17-year old filed a complaint in California state court alleging that Amazon assisted in the deaths of two minors by selling them pure forms of sodium nitrite, some in such high concentrations that a single teaspoon could be fatal.

1. Age verification requirements. AB 2273 (Wicks), Chapter 320, Statutes of 2022, enacts the California Age-Appropriate Design Code Act (CAADC Act), which, commencing July 1, 2024, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.

According to the Author

Despite pure sodium nitrite having no legitimate application in everyday life, teenagers have been able to easily purchase the chemical in cheap, concentrated forms through several different retail platforms. The widespread availability of such a deadly compound has undeniably worsened our mental health crisis by providing teenagers in a moment of struggle, an easy means of taking their own lives. The author states that this bill addresses this issue by raising the purchase age of sodium nitrite, restricting the pureness of the chemical being sold, and ensuring that platforms have strong age verification systems in place. The author concludes that this bill will dissuade young people from making a potentially devastating and irreversible decision.

Arguments in Support

There is no known support to this bill.

Arguments in Opposition

There is no known opposition to this bill

FISCAL COMMENTS

None

VOTES

ASM HEALTH: 15-0-0

YES: Wood, Waldron, Aguiar-Curry, Arambula, Boerner, Wendy Carrillo, Flora, Vince Fong, Maienschein, McCarty, Joe Patterson, Rodriguez, Santiago, Villapudua, Weber

UPDATED

VERSION: April 27, 2023

CONSULTANT: Rosielyn Pulmano / HEALTH / (916) 319-2097 FN: 0000249

Date of Hearing: April 25, 2023

ASSEMBLY COMMITTEE ON HEALTH

Jim Wood, Chair

ABPCA Bill Id:AB 1109

Author:(Connolly) – As Amended Ver:April 5, 2023

SUBJECT: Product sales: sodium nitrite.

SUMMARY: Makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 21 years of age; and, for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10% to a person 21 years of age or older. Specifically, this bill:

1. Makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite to a person under 21 years of age.
2. Makes it unlawful for a person, retailer, or online marketplace to sell sodium nitrite in concentrations greater than 10% to a person 21 years of age or older.
3. Makes demonstration of both of the following a defense to a violation of 1) above:
   1. The purchaser acknowledged before purchase they were at least 21 years of age through an effective system created by the person, retailer, or online marketplace that is capable of verifying the age of purchasers to ensure they are above the minimum legal age to purchase a product. Prohibits the system from relying on the purchaser simply providing a date of birth without additional verification, using tick boxes to ask purchasers to confirm they are over the minimum age, using a general disclaimer such as: “Anyone ordering this product from our website will be deemed to be at least 21 years of age,” using an “accept” statement for the purchaser to confirm that they have read the terms and conditions and are over the minimum age, using e-payment services that do not verify a user’s age, or only accepting payment by credit card without additional age verification; and,
   2. The person, retailer, or online marketplace took all reasonable precautions and exercised all due diligence to ensure that the product would be sold and delivered to a person at least 21 years of age.
4. Exempts from this bill the sale of sodium nitrite to a business.

EXISTING LAW:

1. Establishes the federal Food, Drug, and Cosmetic Act (the Act), which among various functions regulates food, dietary supplements, and cosmetics. [21 United States Code § 310 et.seq.]
2. Permits, pursuant to federal regulations, the food additive sodium nitrite to be safely used in or on specified foods in accordance with the following prescribed conditions:
   
   1. It is used or intended for use as follows:
      
      1. As a color fixative in smoked cured tuna fish products so that the level of sodium nitrite does not exceed 10 parts per million (0.001%) in the finished product;
      2. As a preservative and color fixative, with or without sodium nitrate, in smoked, cured sablefish, smoked, cured salmon, and smoked, cured shad so that the level of sodium nitrite does not exceed 200 parts per million and the level of sodium nitrate does not exceed 500 parts per million in the finished product; and,
      3. As a preservative and color fixative, with sodium nitrate, in meat-curing preparations for the home curing of meat and meat products (including poultry and wild game), with directions for use which limit the amount of sodium nitrite to not be more than 200 parts per million in the finished meat product, and the amount of sodium nitrate to not be more than 500 parts per million in the finished meat product.
         
   2. Requires, to assure safe use of the additive, in addition to the other information required by the Act, the label of the additive or of a mixture containing the additive to bear:
      
      1. The name of the additive; and,
      2. A statement of the concentration of the additive in any mixture.
         
   3. Requires, if in a retail package intended for household use, the label and labeling of the additive, or of a mixture containing the additive, to bear adequate directions for use to provide a final food product which complies with the limitations prescribed in a) above.
      
   4. Requires, if in a retail package intended for household use, the label of the additive, or of a mixture containing the additive, to bear the statement "Keep out of the reach of children." [21 Code of Federal Regulations § 172.175]
3. Establishes the Sherman Food, Drug and Cosmetics Law, administered by the California Department of Public Health (DPH), which regulates the packaging, labeling, and advertising of drugs and devices, including dietary supplements. [Health & Safety Code (HSC) § 109875-111929.4]
4. Defines food as:
   1. Any article used or intended for use for food, drink, confection, condiment, or chewing gum by man or other animal; and,
      
   2. Any article used or intended for use as a component of any article designated in a) above. [HSC § 109935].
5. Establishes the California Age-Appropriate Design Code Act, commencing July 1, 2024, which requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature. [Civil Code § 1798.99.28 et seq.]
6. Prohibits, commencing January 1, 2025, the manufacture, sale, delivery or offering for sale any cosmetic product that contains specific intentionally added ingredients, including specified phthalates, formaldehyde, mercury, parabens, and specified polyfluoroalkyl substances. [HSC § 108980-108982]
7. Prohibits the sale, manufacture, or exchange of any toy that is contaminated with any toxic substance or that is coated with paints and lacquers with lead compounds, as specified. [HSC § 108555]
8. Specifies that on or after June 1, 2006, no person may manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether), or octaBDE, as specified. [HSC § 108922]
9. Prohibits the manufacture, sale, or distribution of any toy or child care article that contain phthalates, in concentrations exceeding 0.1%, as specified. [HSC § 108935-108939]
   
10. Prohibits, on or after July 1, 2023, the manufacture, sale or distribution of any new juvenile product that contains regulated PFAS chemicals. Defines juvenile product as a product that is designed for use by infants and children under 12 years of age, including pillows, highchair, play yard, stroller, and mattress, as specified. [HSC § 108944-108947].
    

FISCAL EFFECT: None.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, despite pure sodium nitrite having no legitimate application in everyday life, teenagers have been able to easily purchase the chemical in cheap, concentrated forms through several different retail platforms. The widespread availability of such a deadly compound has undeniably worsened our mental health crisis by providing teenagers in a moment of struggle, an easy means of taking their own lives. The author states that this bill addresses this issue by raising the purchase age of sodium nitrite, restricting the pureness of the chemical being sold, and ensuring that platforms have strong age verification systems in place. The author concludes that this bill will dissuade young people from making a potentially devastating and irreversible decision.
2. BACKGROUND.
   1. Sodium Nitrite. Sodium nitrite is an odorless, yellowish white, crystalline (sand-like) granule, rod, or powder. It is used in heat transfer salts, metal treatment and finishing, as a color fixative and preservative for meats and fish, in pharmaceuticals, and as an antidote for Cyanide poisoning. Sodium nitrite can affect an individual when inhaled and may be absorbed through the skin. Contact can irritate the skin and eyes; inhaling sodium nitrite can irritate the nose and throat; high levels of this substance can reduce the blood’s ability to transport oxygen, causing headache, fatigue, dizziness, nausea, vomiting, diarrhea, abdominal pain, and a blue color to the skin and lips (methemoglobinemia). Exposure to very high levels can cause trouble breathing, collapse and even death.
      
      When it comes to food, it should be noted that sodium nitrite is not the same as sodium nitrate. Although both are salts and both act a food preservatives, sodium nitrite is commonly used to cure ham and bacon and also prevents the growth of Clostridium botulinum, the bacteria which causes botulism. On the other hand, sodium nitrate is often added to jerky, bacon and luncheon meats. Sodium nitrate has antimicrobial properties when used as a food preservative. It is also found naturally in leafy green vegetables.
   2. Suicides related to use of sodium nitrite. Ingestion of large amounts of sodium nitrite can cause methemoglobinemia, a blood disorder in which too little oxygen is delivered to the cells, which can lead to hypoxia (oxygen deficiency) and sometimes death. According to a 2022 article entitled “Survival after Self-Poisoning with Sodium Nitrite: A Case Report, (Case Report)” the California Poison Control System (CPCS) was consulted on five patients who intentionally ingested sodium nitrite between May and November of 2019. All cases acquired the product from online vendors. There were no cases reported to CPCS in the five years prior.
      
      According to the American’s Poison Centers, which represents 55 poison centers across the country, poison control centers across the U.S. reported a 253% increase in self-poisoning with nitrites and nitrates and a 166% increase in fatalities in 2021 in comparison to 2018. This is at the same time there is increased accessibility of sodium nitrite through online vendors and recommendations frequently shared in online communities that it can be used as an effective method of suicide.

According to the author, while there is no legitimate use for sodium nitrite in concentrations of purity above 10%, major retailers like Amazon have been selling it at levels of purity up to 99%. Last year, the parents of a 16-year old and parents of 17-year old filed a complaint in California state court alleging that Amazon assisted in the deaths of two minors by selling them pure forms of sodium nitrite, some in such high concentrations that a single teaspoon could be fatal.

• 1. Mythelene blue. The identification of sodium nitrite ingestion and antidote administration are time sensitive. A thorough history from the patient, family, and friends can delineate the type of ingestion. Finding a container with the product may also be helpful, if available. Methylene blue is administered intravenously. It is a reducing agent and converts methemoglobin to hemoglobin and restores normal oxygen transport by the red blood cells. According to the National Institutes of Health, the treatment dose is typically one to two mg/kg intravenously over five minutes, with a maximum dose of seven mg/kg, even in cases of severe methemoglobinemia.
  2. Age verification requirements. AB 2273 (Wicks), Chapter 320, Statutes of 2022, enacts the California Age-Appropriate Design Code Act (CAADC Act), which, commencing July 1, 2024, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.

1. RELATED LEGISLATION. AB 1210 (Kalra) prohibits a person or entity from selling or offering for sale in this state sodium nitrite at a purity level that exceeds 10% without specified warning labels on the immediate container and on the outside of the shipping package
2. PREVIOUS LEGISLATION. AB 2273 enacts the CAADC Act, which, commencing July 1, 2024, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.
3. AMENDMENTS. The Committee recommends and the author has agreed to amend the provisions relating to minors, as follows: to apply to those under 18 and only for online sales; for these provisions to be effective July 1, 2024 consistent with the CAADC Act; and, to clarify that the defense only applies to online sales to minors.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Rosielyn Pulmano / HEALTH / (916) 319-2097