OLR Bill Analysis

sHB 6572

AN ACT CONCERNING BANNING BISPHENOL-A IN CHILDREN'S PRODUCTS AND FOOD PRODUCTS AND PROHIBITING CERTAIN ALTERNATIVE SUBSTANCES.

SUMMARY:

This bill phases in bans on the sale, manufacture, and distribution of products made with bisphenol-A.

It bans, starting January 1, 2010, the sale, manufacture, and distribution of infant formula and baby food stored in containers made with bisphenol-A.

Starting October 1, 2010, it bans the sale, manufacture, and distribution of reusable food and beverage containers made with bisphenol-A.

It requires manufacturers of food products stored in containers made with bisphenol-A to label them accordingly, starting October 1, 2011. It prohibits manufacturers from substituting for bisphenol-A other substances that are or may be carcinogenic.

It bans, as of October 1, 2014, the sale, manufacture, or distribution of any food product contained in a jar, can, or other container made with bisphenol-A.

EFFECTIVE DATE: October 1, 2009

INFANT FORMULA AND BABY FOOD IN CONTAINERS MADE WITH BISPHENOL-A

The bill bans, starting January 1, 2010, anyone from manufacturing, selling, or offering for sale or distribution infant formula or baby food stored in a plastic container, can, or jar that contains bisphenol-A. It allows people who can prove they purchased these containers before January 1, 2010 to sell their existing inventory until January 1, 2011, if they can show they purchased about the same number of containers before January 1, 2010 that they purchased in the same period the previous year.

The bill defines infant formula as a commercially available milk- or soy-based powder, concentrated liquid, or ready-to-feed substitute for human breast milk, intended for infant consumption. It defines baby food as a commercially available prepared solid food consisting of a soft paste or an easily chewed food intended for consumption by children age 2 or younger.

REUSABLE FOOD AND BEVERAGE CONTAINERS MADE WITH BISPHENOL-A

The bill bans, as of October 1, 2010, anyone from manufacturing, selling, or offering for sale or distribution reusable food and beverage containers containing bisphenol-A. It allows people who can prove they purchased these containers before October 1, 2010 to sell their existing inventory until March 1, 2011. But they must show they purchased about the same number of containers before October 1, 2010 that they purchased in the same period the previous year.

Under the bill, a reusable food or beverage container is a receptacle for storing food or beverages, including baby bottles, spill-proof cups, sports bottles, and thermoses, but excluding food and beverage containers intended for disposal after initial use.

LABELING FOOD PRODUCTS IN CONTAINERS MADE WITH BISPHENOL-A

The bill prohibits, starting October 1, 2011, manufacturers of food products contained in a jar or can made with bisphenol-A to sell the product in the state unless they conspicuously label the container: "WARNING: This container is made using bisphenol-A. "

PROHIBITED ALTERNATIVE SUBSTANCES

The bill bans manufacturers from substituting certain substances for bisphenol-A in the manufacture of a product. Prohibited substances are those:

1. listed as known, or reasonably anticipated to be, a human carcinogen in the most recent U. S. Department of Health and Human Services' Report on Carcinogens;

2. appearing on the most recent National Institute for Occupational Safety and Health carcinogen list;

3. classified by the International Agency for Research on Cancer as carcinogenic, probably carcinogenic, or possibly carcinogenic to humans; or

4. listed on the U. S. Environmental Protection Agency's electronic database as carcinogenic or likely to be carcinogenic to humans, or suggesting evidence of carcinogenic potential.

BACKGROUND

Bisphenol-A

Bisphenol-A is an industrial chemical used to make polycarbonate plastics found in such products as beverage containers, compact discs, protective food can linings, plastic dinnerware, and epoxy resins. It has been shown in laboratory animal studies to have reproductive and developmental toxicity.

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute

Yea

24

Nay

3

(03/06/2009)