Legislative News


Wednesday, September 12th, 2012

All California Retailers Must Now Take Action Regarding Proposition 65

The following is a Legislative Alert update on California Proposition 65 regulatory provisions, which requires California home furnishings retailers to provide warning to consumers on products containing flame retardant chemicals.

In October 2011, the California Office of Environmental Health Hazard Assessment (OEHHA) added tris(1,3-dichloro-2-propyl) phosphate (TDCPP) to its Proposition 65 list of chemicals “known to the State to cause cancer.” Once a chemical is listed, businesses have 12 months to comply with the Prop 65 warning requirements.

Click here to see the most up-to-date Proposition 65 list of chemicals known to the State to cause cancer or reproductive toxicity.

Because TDCPP is used in the residential furniture industry as a flame retardant—particularly to meet California’s TB 117 upholstery flammability standard—the upholstered furniture you sell may contain this chemical and fall under Prop 65 regulation.

Beginning October 1, 2012, businesses are required to provide a “clear and reasonable” warning if a product they sell contains TDCPP.

The California Attorney General’s office enforces Prop 65, which is a “right to know” law that was passed by the state in 1986. Any district attorney or city attorney (for cities with a population exceeding 750,000) may also enforce the law, in addition to individuals “acting in the public interest.” Prop 65 lawsuits have been filed by consumer advocacy groups, law firms and private citizens, in addition to attorneys general. In 2011, settlements totaled more than $17 million.

Proving your products do not contain listed chemicals is likely to be more costly than simply complying with the “clear and reasonable” warning requirement. This warning requirement demands businesses “…make the warning message available to the individual prior to exposure.”

Click here to read the full text of California’s “Clear and Reasonable Warnings” section 25601 of Title 27, California Code of Regulations.

The warning language is simple and should read as follows:

“WARNING: This product contains a chemical known to the state of California to cause cancer.”

Based upon conversations with the various agencies and concerned individuals, as of now it has been determined that the warning can be printed on a label you to affix to all upholstered products in your store. The label should be placed in a conspicuous location on every product in your showroom. Also posting warning signs in prominent locations within your store easily visible to your customers is highly advisable.

 

Please be advised: these are only suggestions on how to comply with Proposition 65 regulatory provisions. WHFA highly recommends you consult your own legal counsel to ensure both full compliance with California Proposition 65 as well as full protection from legal action. WHFA also recommends you consult your furniture manufacturers/suppliers regarding their plans for providing help to retailers regarding this matter.

 

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Monday, June 25th, 2012

Toxic Flame Retardant Chemicals: CA Legislature to Hear about Science, Health Hazards

Tuesday June 26th, 1:30pm Room 444 Capitol Bldg

(Sacramento) The California Assembly will hold an informational hearing to examine the effectiveness of the state’s furniture flammability standards and the environmental and health impacts of flame retardant chemicals. The hearing hosted by the Committee on Environmental Safety and Toxic Materials <http://assembly.ca.gov/dailyfile>  will be Tuesday, June 26th at the California State Capitol, Room 444, 1:30 p.m. Pacific.

This is the first legislative hearing in California since the Chicago Tribune  revealed the flame retardant chemical industry had used deception in testimony before the legislature in previous years. Legislatures in Alaska, Washington, and other states were given similarly deceptive information that did not represent the modern science of fire safety and health hazards from the toxic chemicals.

California’s obsolete regulation, Technical Bulletin 117 (TB 117) de facto forces toxic flame retardant chemicals into foam in products meant for sale in California. Modern science links the chemicals, which have spread all over the world, to lower IQs, learning and behavioral deficits, infertility, and cancer.

Science and health advocates seek to have TB 117 updated to comply with draft standards developed by the Consumer Product Safety Commission. CPSC’s standard does not virtually force manufacturers to use toxic flame retardants in foam for their products.

Last week California Governor Jerry Brown announced he would focus attention on achieving fire safety while eliminating toxic flame retardant chemicals in products.

Witnesses at tomorrow’s hearing include:

Ana Mascareñas, Policy & Communications Director for Physicians for Social Responsibility – Los Angeles, who can address the inadequacies of toxic flame retardants in regard to TB 117, and the disproportionate impacts of chemicals on communities of color and how the flame retardant industry has sought to confuse community leaders by misrepresenting the science.

Andrew McGuire, Executive Director for the Trauma Foundation, is a burn survivor who battled Big Tobacco over fire safe cigarettes and now finds the same public relations individuals and strategies being used by the flame retardant industry to attack science and disinform the public.

Tony Stefani, President of the San Francisco Firefighters Cancer Prevention Foundation, will address how firefighters are impacted by toxic chemicals in fires.

Bryan Frieders, Battalion Chief, San Gabriel Fire Department, and Public Information Officer, the Firefighter Cancer Support Network.

Koy Wilson, Firefighter, Stockton Fire Department, and 10th District Coordinator, International Association of Fire Fighters Burn Foundation.

Sarah Janssen, M.D., Ph.D., M.P.H., will be attending the hearing. She is Senior Scientist for the Natural Resources Defense Council, and reproductive health researcher at UCSF, and can explain the studies linking flame retardant chemicals to lower IQ’s, learning and behavioral deficits, infertility, and cancer.

For More Info: http://toxicfreefiresafety.org/CaliforniansForToxicFreeFireSafety.php

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Thursday, September 22nd, 2011

Make Your Voice Heard Before Governor Acts on Key California Workers’ Comp Bills

Through our coalition with the Workers’ Compensation Action Network, we are able to bring you this Legislative Alert and up-to-date legislative information. Please read the following update on new workers’ compensation measures, that will increase costs and litigation in the workers’ compensation system.

Governor Jerry Brown is busy plowing through more than 600 bills sent to him courtesy of the California Legislature, including several workers’ compensation measures with potential to signficantly impact the system. The governor has already started signing and vetoing measures but must move fast to keep pace with an October 9 deadline.

That’s why we need you to take action today to ask him to sign a key cost-saving measure and veto two bills that will increase costs and litigation in the workers’ compensation system.

Your efforts to communicate with lawmakers on these bills throughout the session have been critical. Now, in the final stage of this year’s lawmaking process, we need to communicate directly with the governor and make sure he knows where employers stand on these issues.

You can visit WCAN’s Action Center to learn more about each bill and send an email to Governor Brown.

  • AB 1155 (Apportionment): This legislation would increase costs and litigation in California’s workers’ compensation system by undermining provisions that protect employers from paying for disability that did not arise from work. Take Action
  • AB 378 (Compound Drugs): This bill closes a costly loophole in current law which allows for abusive prescribing and billing practices for compound drugs, co-packs and medical foods in California’s workers’ compensation system. Click here to read an article from Capitol Weekly about AB 378. Take Action
  • AB 947 (Extends Temporary Disability Benefits): This bill will significantly increase costs and incentivize delays in return to work by creating an exemption to the 104 week cap on temporary disability benefits for injured workers that undergo surgical procedures. The Orange County Register editorialized against this bill in late August. Take Action

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Monday, June 6th, 2011

Little-Known Tax. Massive Impact. Join Our Efforts to Repeal the “3% Withholding Tax”

Brought to you by the U.S. Chamber of Commerce

A little-known federal tax that has the potential to bust the budget of your state and local governments, result in higher taxes, and threaten small businesses, doctors and farmers is headed your way.

Few have heard of it, but many will be affected – unless we can stop it before becoming law in 2013.

The “3% Withholding Tax” mandates that federal, state and local governments withhold 3% from payments for goods and services upfront. It sounds harmless enough until you consider the small businesses that rely on every penny of cash flow to keep their doors open and how they’ll be impacted by a 3% loss of revenue.

Last week, the U.S. Chamber announced a grassroots campaign aimed at repealing the 3% Withholding Tax. Visit RepealWithholdingNow.com to learn more about our efforts and sign our National Letter to stop the 3% withholding.

Here’s how the tax would impact you:

  • The federal government, as well as your state and local governments, withhold 3% from payments to any business that provides them with a product or service. This may include your local office supply store, local builders, electric company or even a business selling equipment to first responders.
  • These businesses will then be forced to raise their prices to make up for the 3% of revenue being held hostage — or simply take a huge hit and risk going out of business.
  • Higher prices could drastically impact government budgets, which are already strapped for cash.
  • Local or state governments may be forced to raise your taxes to help make up for the budget gap.

Like most things, when you punish small businesses, the whole economy suffers.

Similar to the 1099 mandate included in the health care bill, the 3% withholding requirement was an unrelated offset included in the Tax Reconciliation Act of 2005. Unless repealed, the 3% Withholding Tax will go into effect on January 1, 2013.

In today’s economy, the decks are stacked high enough against employers. The last thing they need is another provision aimed at raising revenue at their expense.

Visit RepealWithholdingNow.com and join our efforts to stop the latest burden on business and assault on jobs.

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