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1997-98
Note to Reader: This page is maintained for historical purposes. Some of the links may no longer work.
Assembly Bill to Extend Notice Period Fails
A bill introduced in the California Assembly aimed at extending the time given for public prosecutors to assume control over notices of alleged violations of Prop 65 from 60 to 120 days failed when it was pulled by its sponser, Assembly Member Olberg, prior to hearing in the Environmental Safety and Toxic Materials Committee on April 28. AB 2614 was supported with amendments by the Attorney General's office, but was opposed by a number of environmental groups who claimed that it did not "further the purposes" of Prop 65, and would thus be in conflict with the initiative. Current Bill Text, Status, History.
Prop 65 Escapes OTC Drug Federal Preemption
11/21/97 Public Law 105-115, the Food and Drug Administration Modernization and Accountability Act of 1997, was enacted (Bill Summary and Status, Bill Text on Thomas). Section 807 of the bill preempts state requirements for OTC drugs which are different from or in addition to, or otherwise not identical to the Food, Drug and Cosmetic Act, the Poison Prevention Packaging Act of 1970, or the Fair Packaging and Labeling Act. Subdivision (d)(2) of that section provides an exception for "a State public initiative enacted prior to the date of enactment of this section," and was explicitly designed to address concerns over preemption of Prop 65. (See comments of Senators Jeffords and Kennedy). Senator Boxer's press release touts the protection of Prop 65.
Massachussets Considers Prop 65-Like Bill
Senate Bill No. 488, introduced by Senator Lois Pines, would provide for similar warning requirements as those covered by Prop 65, and in some cases would go farther. The bill is currently pending in the Massachussets Senate. Text is not available on line, but you can access a bill status page. Senate Bill No. 1970, introduced 10/16/97, apparently contains the new text of the proposed law.
Waxman Introduces National Right to Know Bill
Rep. Henry Waxman has introduced a bill in the United States House of Representatives that would add significant new disclosure rules for certain products. Titled the Children's Environmental Protection and Right to Know Act of 1997, the bill would require disclosure of high health risk chemicals in children's consumer products, establish thresholds for disclosure of industrial releases, and expand information to be included on toxic chemical release forms. (Bill Summary and Status, and Bill Text on Thomas)
Unfair Competition
California's Unfair Competion Act (UCA) has typically been used by both private an public enforcers in Prop 65 actions as a complement to direct enforcement. On January 13, 1997, Senator Kopp introduced SB 143 proposing to significantly amend California's Unfair Competition Act. SB 143 has been completely amended. It no longer deals with UCA actions, but now relates to public records. &127;Status
The initial proposed revisions would have drastically alter private enforcement under the UCA, requiring a finding that the private party to be an adequate representative of the public and eliminating standing for private plaintiffs with a conflict of interest. It also would have imposed procedural requirements, such as prior notification to the Attorney General and judicial approval of all settlements. Settlements found to be fair would have bared future private (but not public) enforcement. The original version of SB 143 grew out of a California Law Revision Commission recommendation, but did not address the issue of private standing to enforce the UCA, as that issue was beyond the Commission's charter.
Close on the heels of SB 143 were two other bills, SB 1309 (Mountjoy) and AB 1295 (Caldera). Both would require private plaintiffs to have suffered or be threatened with actual injury, and have other aspects that would make them more similar to class actions.
AB 1295 was introduced February 28, 1997, but the first substantive provisions of the bill were added by amendment on April 1. AB 1295 was referred from committee without further action on 2/2/98. Status. Assembly Judiciary Committee Analysis 5/19/97.
SB 1309 grew out of Governor Wilson's legislative package, and was also introduced February 28, 1997. SB 1309 failed passage 1/13/98 in the Senate Judiciary Committe Status. Senate Judiciary Committee Analysis 2/28/97
This page last updated November 19, 2001
