Connecticut Seal

General Assembly

 

Raised Bill No. 6572

January Session, 2009

 

LCO No. 4110

 

*04110_______ENV*

Referred to Committee on Environment

 

Introduced by:

 

(ENV)

 

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

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (e) of section 21a-335 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(e) "Hazardous substance" means: (1) (A) Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children; (B) any substances which the administrator by regulation finds meet the requirements of subdivision (1) (A) of this subsection pursuant to the provisions of subsections (b) and (c) of section 21a-336; (C) any substance classified as a hazardous substance pursuant to federal regulations adopted under the authority of the federal Hazardous Substances Act (15 USC 1261 et seq.); (D) any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the administrator determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this section and sections 21a-336 to 21a-346, inclusive, in order to protect the public health; (E) any toy or other article (i) intended for use by children which the administrator by regulation determines in accordance with subsection (a) or (b) of section 21a-336 presents an electrical, mechanical or thermal hazard, or (ii) on and after October 1, 2011, containing bisphenol-A that is marketed for use by children under the age of three years; (2) "hazardous substance" shall not apply to economic poisons subject to the federal Insecticide, Fungicide and Rodenticide Act or chapter 441 nor to foods, drugs and cosmetics subject to chapter 418, nor to substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house, but such term shall apply to any article which is not itself an economic poison within the meaning of the federal Insecticide, Fungicide and Rodenticide Act or said chapter 441 but which is a hazardous substance within the meaning of subdivision (1) of this subsection by reason of bearing or containing such an economic poison; (3) "hazardous substance" shall not include any source material, special nuclear material or by-product material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission.

Sec. 2. (NEW) (Effective October 1, 2009) (a) As used in this section, "prohibited alternative substance" means a substance:

(1) Listed as known or reasonably anticipated to be, a human carcinogen in the most recent Report on Carcinogens by the United States Department of Health and Human Services;

(2) That appears on the most recent National Institute for Occupational Safety and Health Carcinogen List;

(3) Classified by the International Agency for Research on Cancer as group 1, carcinogenic to humans, group 2A, probably carcinogenic to humans, or group 2B, possibly carcinogenic to humans; or

(4) Listed on the electronic database of the United States Environmental Protection Agency in group A, carcinogenic to humans, group B, likely to be carcinogenic to humans, or group C, suggestive evidence of carcinogenic potential.

(b) No manufacturer shall use a prohibited alternative substance to manufacture a product that was made with bisphenol-A prior to the prohibition against using bisphenol-A in such a product under subdivision (1) of subsection (e) of section 21a-335 of the general statutes, as amended by this act, and sections 3 and 4 of this act.

Sec. 3. (NEW) (Effective October 1, 2009) (a) For the purposes of this section, "reusable food or beverage container" means a receptacle for storing food or beverages, including, but not limited to, baby bottles, spill-proof cups, sports bottles and thermoses, and excluding food or beverage containers intended for disposal after initial use, and "safe alternative" means a substance that is not a prohibited alternative substance, as defined in section 2 of this act.

(b) Except as provided in subsection (c) of this section, on and after October 1, 2010, no person shall manufacture, sell, offer for sale or distribute in this state any reusable food or beverage container containing bisphenol-A if a safe alternative to bisphenol-A is available for fabricating such food or beverage container, as determined by the Commissioner of Consumer Protection.

(c) A person may sell his or her existing inventory of food or beverage containers containing bisphenol-A as of October 1, 2010, until March 1, 2011, provided such person can demonstrate that such containers were purchased prior to October 1, 2010, in a quantity comparable to the containers purchased during the same period of the preceding year.

Sec. 4. (NEW) (Effective October 1, 2009) (a) For the purpose of this section, (1) "infant formula" means a milk-based or soy-based powder, concentrated liquid or ready-to-feed substitute for human breast milk, that is intended for infant consumption and is commercially available, and (2) "baby food" means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children aged two years or younger and is commercially available.

(b) Except as provided in subsection (c) of this section, on and after October 1, 2010, no person shall manufacture, sell, offer for sale or distribute in this state any infant formula or baby food that is stored in a plastic container, jar or can that contains bisphenol-A.

(c) A person may sell or distribute his or her existing inventory of infant formula or baby food containers, jar or cans containing bisphenol-A as of October 1, 2010, until March 1, 2011, provided such person can demonstrate that such containers, jars or cans were purchased or acquired prior to October 1, 2010, in a quantity comparable to the containers, jars or cans purchased or acquired during the same period of the prior year.

Sec. 5. (NEW) (Effective October 1, 2009) (a) On and after October 1, 2010, the manufacturer of a food product that is contained in a jar or can containing bisphenol-A shall label such jar or can with a conspicuous label stating "WARNING: This container is made with bisphenol-A". On and after said date, no person shall sell or offer for sale any such food product in the state without such warning label affixed to the jar or can.

(b) On and after October 1, 2012, no person shall manufacture, sell, offer for sale or distribute in this state any food product that is contained in a jar, can or other container containing bisphenol-A.

Sec. 6. (NEW) (Effective October 1, 2009) On and after October 1, 2010, the manufacturer of a toy that is classified as a hazardous substance pursuant to subparagraph (E)(ii) of subdivision (1) of subsection (e) of section 21a-335 of the general statutes, as amended by this act, shall label such toy with a conspicuous label stating "WARNING: This toy contains bisphenol-A". No person shall sell or offer for sale any such toy in the state without such warning label affixed to the toy.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2009

21a-335(e)

Sec. 2

October 1, 2009

New section

Sec. 3

October 1, 2009

New section

Sec. 4

October 1, 2009

New section

Sec. 5

October 1, 2009

New section

Sec. 6

October 1, 2009

New section

Statement of Purpose:

To ban any children's products containing bisphenol-A marketed for the use of children under the age of three years, to prohibit the replacement of the use of bisphenol-A with certain carcinogenic substances, to ban any reusable food containers or jars or cans containing food or beverage products that contain bisphenol-A, and to require the labeling of certain products containing bisphenol-A.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]