Senate Standing Committee on Health

Thank you, Mr. Chair. Thank you. Thank you, Chair. And the members that will be joining us here today, I'm proud to present SB 1230, the Stop and Seize Illegal Tobacco Products Act. We all know that public health affects the smoking cigarettes and vaping flavored tobacco products. California has made great progress in reducing the use of tobacco products, including adopting the most recent ban on selling flavored tobacco products. But more work needs to be done to make sure that our laws are being followed and enforced.

As a schoolteacher for many years and witnessing firsthand the use of those flavor tobacco products, it is critically important that we move this measure forward. I know all too well that California students continue to have easy access to these addictive vapes with flavor designs to appeal to our youth. SB 1230 will strengthen the enforcement of California's anti-tobacco laws and ensure that flavored tobacco products are kept off store shelves and out of the hands of our students.

SB 1230 will authorize employees of the California Department of Tax and Fee Administration to seize and destroy flavored tobacco products, discovering during their regular inspections of tobacco retail warehouses. The Department already has this authority to seize and destroy tobacco products that fail to include the proper state tax stamp. So this bill is very simple. It's a cost-effective way for departments to also remove flavored tobacco products from the market.

SB 1230 also includes a reasonable increase of the existing civil penalty imposed on retailers who break the law by continuing to sell flavor tobacco products to our youth and also continue to sell these tobacco products to children under 21. The fine amount also hasn't changed in 20 years, and this modest increase goes a long way towards keeping students away from tobacco.

The Stop and Seize Illegal Tobacco Products Act is sponsored by the Coalition of Public Health Organizations, including the American Lung Association and the Campaign for Tobacco-Free Kids. And this bill has no opposition. Today with me, I have two witnesses. Sabrina Toor, a high school student and very impressive leader in encouraging fellow students to reduce tobacco use, which we thank her for, and Tim on behalf of the Campaign for Tobacco-Free Kids who will be answering any technical questions. Thank you.

Thank you, Senator. Thank you for joining us. Please proceed.

Good afternoon. My name is Sabrina Toor. I'm a sophomore at Modesto High School in Modesto, California. I'm testifying in support of SB 1230 on behalf of the American Cancer Society Cancer Action Network. The use of e-cigarette-flavored tobacco products is a rampant issue at my high school and high schools across California. Though Prop 31 banned flavored tobacco products, the ban is not being sufficiently enforced. As seen in schools such as mine, students still use e-cigarettes in the bathrooms, locker rooms, and outside classrooms.

The enticing flavors of these products are what get teens hooked. Girls in my PE class gather in the corner of the locker room, eager to get a hit of blue raspberry, guava ice, and strawberry-flavored e-cigarettes. Since the beginning of the school year, this group has expanded as the enticing flavors have drawn in more and more students. This is just one group of girls during one class period at one school due to how easily accessible these products are.

Can you imagine how many groups like this exist in California? Behind a row of classrooms, students practice their ghosts as they inhale the fruity vapor and exhale it in a circular shape. A girl in my English class can't even go the full period without using the bathroom to vape, sacrificing class time to hit her puff. I worry about my peers' future, as their addiction to e-cigarettes not only jeopardizes their health but also undermines their ability to fully reach their academic potential.

The Secret Shopper survey, conducted in December 2023, found that 35% of stores in Modesto sell illegal flavored tobacco products. Furthermore, out of 141 stores that sell tobacco products, 50 of them sell illegal flavored tobacco products. Youth cannot be seen as a target for economic gain, only for society to accrue a lifetime of health risks and adverse outcomes. I implore you to help the next generation. Passing this bill is a clear win for all. We need to stop exploiting the vulnerability and susceptibility of the youth.

It's crucial to prioritize enabling our children to pursue happiness and success rather than focusing on getting their next hit. A swift and definitive response must be made because our inaction is emboldening tobacco retailers. I urge you all to pass this bill and allow the CDTFA to seize and destroy these illegal products, which will help end the youth tobacco epidemic. Thank you.

Excellent job. Thank you. Sir.

Anyone in the hearing room wishing to speak in support of this measure, please step up. Name, affiliation, and position on the measure only, please.

Well, I can't compete with that. So on behalf of the Campaign for Tobacco-Free Kids, we urge an aye vote. Thank you.

Mr. Chair and member, Autumn Ogden-Smith with the American Cancer Society Cancer Action Network, co-sponsor. Ask for your aye vote.

Thank you. Next, please.

Bruce with the American Lung Association and support. We respectfully request your aye vote. Thank you.

Next, please.

Nora Lynn with Children Now, in support.

Thank you.

Good afternoon, Chair and members. Jessica Moran with the California Dental Association, in support.

Thank you. Next, please.

Good afternoon. Silvia Solis Shaw here on behalf of the American Heart Association, in support. Thank you.

Thanks for coming. Any other witnesses in support in the hearing room? Witnesses in opposition? First, any lead opposition witnesses? Seeing none. Any witness who wishes to speak in opposition to this measure, please step forward. Seeing none, we'll bring the matter back to the dais and my colleagues for any questions, comments, or concerns, if they wish to make any. This is item number three, Senate Bill 1230. Senator Rubio is presenting the strength in tobacco oversight programs and Seize Illegal Tobacco Products Act Bill. Any questions, comments, or concerns, Senator Grove? Okay, well, when we have a quorum, we'll get to take a motion and vote, but, Senator, you may close.

Thank you, Mr. Chair. Members of the committee, this is really critically important, as I stated, eye witness for firsthand how hard it is to deter kids from smoking as a teacher. And the technology is getting better and better and harder and harder for our parents and teachers, principals, administrators, to detect in schools. And so I want to thank my speaker, Sabrina, for being so eloquent and thank you for this advocacy. With that, I ask for an aye vote. Thank you.

Thank you, Senator. We'll take a vote when we get a quorum. Excellent job. Thank you for joining us, both of you.

The next item up is item number 1266 by Senator Limón. Product Safety Bisphenol. If I pronounced that correctly. Assemblymember Rubio, it's my understanding you are going to be presenting for Senator Limón.

Correct.

Please proceed when ready.

Thank you, Mr. Chair and Members of this Committee. First want to thank the Committee staff, and Senator Limón will be accepting the amendments outlined in the analysis. SB-1266 seeks to prohibit a manufacturer from selling children, feeding, sucking, or teething products that contain any form of bisphenols, also known as BPS, at a detectable level of 0.1 parts per billion.

Bisphenols, commonly referred to as BPAS or BPS, is a chemical compound that is used in a variety of industrial and consumer products ranging from automobile parts to food containers. BPA is considered an endocrine disruptor, which means it can interfere with the hormone system in the body and has adverse health effects in children and adults.

Although manufacturers have eliminated BPA from baby bottles and sippy cup products, they have shifted to use alternative chemicals to replace it, such as BPS and BPFs, which have been found to be even more harmful than BPAS. It is essential that when toxic or potentially harmful chemicals are phased out of products, they are not simply replaced by another harmful type of chemicals. SB-1266 strengthens the commitment to protect children from harmful chemicals and authorizes DTSC to establish standards prioritizing the health and wellness of our children.

I have with me today in support Kayla Robinson on behalf of the BCPP and Ryan Spencer on behalf of ACOG. When they're ready.

Please proceed when ready.

Good afternoon Chair and Members. Kayla Robinson on behalf of Breast Cancer Prevention Partners. BCPP is a science-based organization working to prevent breast cancer by reducing our exposure to chemicals linked to the disease. Bisphenol A, or BPA, has long been a chemical that BCPP is deeply concerned about given its ability to disrupt our hormones and its link to breast cancer and numerous other health harms.

As the Senator mentioned, BCPP worked with its allies to remove BPA from baby bottles and sippy cups many years ago, and today you will see BPA free stickers on numerous products. Unfortunately, all too often BPA was replaced with an alphabet soup of bisphenol substitutes, BPS, BPF, BPAF, and so on.

While these substitutes are often less well studied, the more we learn, the better we understand that the entire class has implications for our health, including increased risk of asthma and hyperactivity in children and cardiovascular disease, fertility problems, obesity, diabetes, and increased increased risk of breast cancer and other cancers in adults. Early life exposures are particularly concerning because this developmental period is when these chemicals have their biggest and longest lasting impacts, increasing our risk of disease, often decades later.

This early life impact is why SB-1266, banning this full class of bisphenols in children sucking, teething, and feeding products is so very important, and thank you, and respectfully urge your aye vote.

Thank you. Next please.

Ryan Spencer on behalf of the American College of OB/GYNs District 9. In support of SB-1266. ACOG has long expressed concerns about the effects of exposure to environmental chemicals, including bisphenol A, especially during pregnancy and lactation period. While much of ACOG's recommendations are directed toward pregnant individuals. It's clearly important that all people, especially young children, should minimize their exposure to these harmful chemicals. By further reducing children's exposure to bisphenol by placing restrictions on their feeding or teething products.

SB-1266 aligns with ACOG's mission and will continue to protect children and individuals from harmful chemicals, whether they are about to give birth to a child or a child themselves. I ask for your aye vote. Thank you.

Thank you, sir. Are there any other witnesses in the hearing room in support of this measure? Seeing none. Any witnesses opposed to this measure? Seeing none. Let's bring the matter back to the dais. Senator, any questions, comments or concerns? Looks like you hit a home run today, Senator Rubio, Senator Limón, would you like to close?

On behalf of the author, I respectfully ask for an aye vote. Thank you.

Once again, when we have a quorum and when we're able to establish a quorum, we will entertain a motion and vote on the measures. Thank you both for joining us today.

Item number two, Senate Bill 1099 by Senator Nguyen, newborn screening. Item number five, Senate Bill 1382 by Senator Glazer, community and rural health clinics. And item number six, Senate Bill 1511, which is a health omnibus bill. Again, when we establish a quorum, we will take the consent calendar up as well as the other two measures we just heard. Here we sit.

We're back on the record and it appears as though we may have a quorum. So, Madam Secretary, please call the roll to establish a quorum.

[Roll Call]

We have a quorum. Let's start with the proposed consent calendar. Item number one, Senate Bill 997, Senator Portantino. Number two, Senate Bill 1099, Senator Nguyen. Newborn screening. Item number five, Senate Bill 1382. Senator Glazer. Community and Rural Health Clinics and item number six, Senate Bill 1511, which is the health omnibus bill. Is there a motion on the consent calendar? Moved by Senator Menjivar. Please call the roll.

[Roll Call]

I should have mentioned. The motion is do pass and refer to the Committee on Appropriations. And the vote is 7-0. We'll hold the row open for absent Members. Next, let's take up item number three. Senate Bill 1230 by Senator Rubio. Strengthen tobacco oversight programs. It's been moved by Senator Glazer. Please call the roll and the motion is do pass and re refer to Committee on Appropriations.

[Roll Call]

Vote is 5-0. Will hold the row open for absent Members. Next item. Item number Senate Bill 1266 by Senator Lamone, product safety bisphenol. Motion is do pass, as amended, and we refer to the Committee on Appropriations. Is there a motion?

I'll make a motion.

Who was that?

Rubio.

Senator Rubio. Okay. Yes, you can do that. You presented. Please call the roll.

[Roll Call]

Seven vote is 7-0. We'll hold the row open for absent Members. We will await additional colleagues before we close the roll. The Senate Committee on health will be in recess for 15 minutes. 04:21 p.m. This afternoon we're going to open the roll on measures. We're going to start first with the consent calendar. We have four items on the consent calendar today.

Item number one, Senate Bill 997 by Senator Portantino, pupil health. Item number two, Senate Bill 1099 by Senator Nguyen, a newborn screening. Item five, Senate Bill 1382 by Senator Glazer, Community and Rural health clinics. And item number six, Senate Bill 1511, which is our Senate omnibus Bill. The current vote is 7-0. Chair voting aye. Please open the roll.

[Roll Call]

Current vote 9-0, will hold the row open for absent Members. Next item is item number three. Senate Bill 1230 by Senator Rubio, strengthen tobacco oversight programs. The motion do pass. We refer the Committee on Appropriations. Current vote is 5-0. Chair voting aye. Please open the roll.

[Roll Call]

Current vote 7-0 will hold the row open for absent Members. Next item. Item number four, Senate Bill 1266 by Senator Limon. Product safety bisphenol motion do pass as amended. We refer to the Committee on Appropriations. Current vote is 7-0. Chair voting aye.

Please open the roll.

[Roll Call]

Current vote 9-0 will hold the row open for absent Members. Okay, we're going to resume and pick up with the bills. We're going to start first with the consent calendar. And we have four measures on the consent calendar. Item number one, Senate Bill 997, Senator Portantino. Pupil health.

Item number two, Senate Bill 1099 by Senator Nguyen, newborn screening. Item number five, Senate Bill 1382 by Senator Glazer, Community and rural health clinics. And item number six, Senate Bill 1511, the health omnibus Bill.

Let's open the roll on the consent calendar. The current vote is 9-0. Chair voting aye. The motion is do pass and re refer to the Committee on Appropriations. Please call the roll.

[Roll Call]

Vote is 11-0 and that matter is out. Next item is item number three. Senate Bill 1230 by Senator Rubio. Strengthen tobacco oversight programs. Current vote is seven to zero. The motion is do pass and refer the Committee on appropriations. Please call the roll.

[Roll Call]

Vote is 9-0. That matter is out. Final item. Item number 4 1266 Senator Limone. Product safety bisphenol. Current vote is 9-0, and the motion do pass as amended. And we refer the Committee on appropriations. Please call the roll.

[Roll Call]

I vote is 11-0. That matter is out. And this concludes the Senate Committee on health for today. Health Committee is adjourned.