Relates to regulation of toxic chemicals in pet products

This act shall take effect on the same date and in the same manner as a chapter of the laws of 2016, amending the environmental conservation law relating to the regulation of toxic chemicals in children's products, as proposed in legislative bills A5612A and S7507, takes effect

Justification

In the last few years, children's products have come under intense scrutiny for the effects of the chemicals they contain. Unfortunately, pet products have not been subject to the same standards of regulation, despite evidence of toxic chemicals in many common pet products. Dogs in particular have been found to be the most susceptible to the dangers of toxic products, particularly "Greenies," Nylabones, rawhide, fetching batons, and many products used to kill ticks and fleas, including but not limited to collars, sprays, and dusts. Enacting regulations on pet products would not only protect pets but also young children who come into contact with pet toys.

The poisons in many of these products are not safe, either for pets or humans. Across the United States, thousands of acute toxic poisonings have been logged at poison control centers. Government regulation of these products has been lackluster, and testing of their impact in the home has been inadequate. The result is that many of the products sold by the millions in grocery, drug and pet supply stores, even when applied as instructed on the box, can cause serious health consequences to pets and people, especially children. Studies conducted by the Natural Resources Defense Council in 2009 uncovered health issues stemming from products that rely on two specific chemical families called organophosphates and carbamates These chemicals kill fleas and ticks by interfering with the transmission of nerve signals. Since the chemical process they attack is common to insects, humans, dogs and cats, they harm. more than just fleas and ticks. The April 2009 paper Poison on Pets II detailed a first-of-its-kind study by NRDC showing that high levels of pesticide residue can remain on a dog's or cat's fur for weeks after a flea collar is put on an animal. These chemicals pose long-term hazards to animals and human including brain and nervous system damage, and the potential for cancer. Residue levels produced by some flea. collars are so high that they pose a risk of cancer and damage to the neurological system of children up to 1,000 times higher than the EPA's acceptable levels.

Children, and particularly toddlers, are especially vulnerable to the chemicals used to kill fleas and ticks for two reasons: their nervous systems are still developing, allowing greater and more lasting damage, and children's normal behavior brings them in close contact with their pets, and therefore to any poisons applied to those pets. Specifically, toddlers' hand-to-mouth tendencies make it easy for toxins to be ingested. Because children spend their time where the toxins from pet products tend to accumulate crawling on rugs, playing with pet toys, touching accumulations of household dust, and more - they are likely to come in contact with these poisons even when not touching a pet.

In September 2009 the Michigan-based Ecology Center, a nonprofit environmental organization that analyzes toxins in children's toys and other consumer goods, tested hundreds of pet toys, tennis balls, beds, collars and leashes. From the more than 400 pet products tested, 45% had detectable levels of one or more hazardous toxins, including arsenic, chlorine and bromine. Studies have linked those chemicals to reproductive problems, developmental and learning disabilities, liver toxicity and cancer. Of the tennis balls tested, 48% contained detectable levels of lead. Researchers discovered that tennis balls made specifically for pets were more likely to contain lead than "sports" tennis balls. None of the "sports" tennis balls tested contained any lead. While 1/4 of all the products had detectable levels of lead, 7% of all pet products had lead levels higher than the 300 ppm allowed in children's toys. The lettering on one "pet" tennis ball, for example, contained 2;696 ppm of lead and 262 ppm of arsenic. Nearly half of the pet collars tested had detectable levels of lead; 27% had lead levels that exceeded 300 ppm.

The findings by the Ecology Center prompted Dr. Safdar Kahn, the Senior Director of Toxicology at the ASPCA Animal Poison Control Center, to express support for regulation of pet products. Dr. Kahn's own research has shown that if there are excessive amounts of lead in a toy, dogs are at particularly high risk of overexposure to lead, as they like to chew on things, lick things, and carry toys in their mouths. Some health problems associated with canine lead toxicity include vomiting, weight loss, anemia, seizures and permanent neurological damage.

A 2012 study conducted by researchers from The Institute of Environmental and Human Health at Texas Tech found that BPA and phthalates, the chemicals used to give elasticity to plastic and vinyl, can lead to serious or lethal health disruptions in pets. The study further found that aging or weathering increased the concentration of toxic chemicals in these products, and that these chemicals can have adverse effects on developing fetuses. The Texas Tech study raised questions about how much of the chemicals are introduced to a pets' body while chewing on an affected product, as well as how BPA and phthalates affect pets over a long period of time. Though similar studies on humans remain inconclusive, they have raised enough serious concern to warrant banning the use of BPA in baby bottles. Many in the pet industry agree there should be guidelines for lead and other worrisome chemicals in pet toys.

These studies illustrate why chemical safety standards are needed for chew toys and other pet products. As bad as these products may be for pet owners and caregivers, they often are worse for the pets themselves.

Based on the very limited data available, it appears that hundreds and probably thousands of pets have been injured or killed through exposure to pet products containing pesticides. As with small children, pets cannot report when they're being poisoned at low doses. The threat posed to humans and pets by the poisons in commonly available products is intolerable and unnecessary.

Legislative history

2016: A.3585-A (Titone)

Fiscal implications

None.

Effective date

This act shall take effect on the same date and in the same manner as a chapter of the laws of 2016, amending the environmental conservation law relating to the regulation of toxic chemicals in children's products, as proposed in legislative bills A.5612A and S.7507, takes effect.