OLR Bill Analysis

sHB 6572 (File 886, as amended by House “A” and Senate “A”)*

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

SUMMARY:

The bill bans, starting October 1, 2011, the sale, manufacture, or distribution in the state of:

1. infant formula and baby food stored in containers made with bisphenol-A and

2. reusable food and beverage containers made with bisphenol-A.

It authorizes the Department of Consumer Protection (DCP) to enforce the ban within available appropriations.

*House Amendment “A” eliminates a provision barring manufacturers from substituting for bisphenol-A other substances that are or may be carcinogenic in the manufacture of a product.

*Senate Amendment “A” eliminates a warning label requirement.

EFFECTIVE DATE: October 1, 2011

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

The bill bans, starting October 1, 2011, anyone from manufacturing, selling, or offering for sale or distribution in Connecticut 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 October 1, 2011, to sell or distribute their existing inventory until October 1, 2012, if they can show they purchased about the same number of containers before October 1, 2011 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 two or younger.

REUSABLE FOOD AND BEVERAGE CONTAINERS MADE WITH BISPHENOL-A

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.

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.

Legislative History

On April 7, the House referred the bill (File 165) to the General Law Committee, which reported a favorable substitute on April 14. Among other things, the committee (1) authorized DCP to enforce the bill, within available appropriations; (2) delayed various deadlines; (3) eliminated an October 1, 2014 ban on the sale or distribution of food products (other than infant formula and baby food) in containers made with bisphenol-A; (4) eliminated a provision allowing the limited sale or distribution of the existing inventory of reusable containers made with bisphenol-A; and (5) changed various effective dates.

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute

Yea

24

Nay

3

(03/06/2009)

General Law Committee

Joint Favorable Substitute

Yea

18

Nay

0

(04/14/2009)