Connecticut Seal

General Assembly

 

Substitute Bill No. 6572

    January Session, 2009

*_____HB06572ENV___031109____*

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. (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 sections 2, 3 and 4 of this act.

Sec. 2. (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.

(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.

(c) A person may sell his or her existing inventory of reusable 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. 3. (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 January 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 January 1, 2010, until January 1, 2011, provided such person can demonstrate that such containers, jars or cans were purchased or acquired prior to January 1, 2010, in a quantity comparable to the containers, jars or cans purchased or acquired during the same period of the prior year.

Sec. 4. (NEW) (Effective October 1, 2009) (a) On and after October 1, 2011, 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 using 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, 2014, 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.

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

Section 1

October 1, 2009

New section

Sec. 2

October 1, 2009

New section

Sec. 3

October 1, 2009

New section

Sec. 4

October 1, 2009

New section

Statement of Legislative Commissioners:

The definition of "safe alternative" was deleted to conform to the amendment which removed any references to the defined term.

ENV

Joint Favorable Subst.