THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CURRY, APRIL 29, 2010

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 29, 2010  

AN ACT

Amending the act of December 17, 1968 (P.L.1224, No.387),

entitled "An act prohibiting unfair methods of competition

and unfair or deceptive acts or practices in the conduct of

any trade or commerce, giving the Attorney General and

District Attorneys certain powers and duties and providing

penalties," providing for toxin-free toddler and baby

products.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of December 17, 1968 (P.L.1224, No.387),

known as the Unfair Trade Practices and Consumer Protection Law,

reenacted and amended November 24, 1976 (P.L.1166, No.260), is

amended by adding a section to read:

Section 9.4.  Bisphenol A-Free Toddler and Baby Products.--

(a)  The following shall apply:

(1)  No person or entity shall manufacture, sell or

distribute any bottle, cup or other container that contains

bisphenol A at a level above 0.1 parts per billion (ppb) if the

container is designed or intended to be filled with any liquid,

food or beverage primarily for consumption from that container

by infants or children three years of age or younger.

(2)  The provisions in clause (3) shall not apply to food and

beverage containers designed or intended primarily to contain

liquid, food or beverages for consumption by the general

population.

(3)  The provisions in clause (3) shall not apply to any

liquid, food or beverage in a can or jar that contains bisphenol

A.

(b)  (1)  Manufacturers shall use the least toxic alternative

when replacing bisphenol A in containers in accordance with this

section.

(2)  Manufacturers shall not replace bisphenol A pursuant to

this chapter with carcinogens rated by the United States

Environmental Protection Agency as A, B or C carcinogens or

substances listed as known or likely carcinogens, known to be

human carcinogens, likely to be human carcinogens or suggestive

of being human carcinogens, as described in the "List of

Chemicals Evaluated for Carcinogenic Potential."

(3)  Manufacturers shall not replace bisphenol A pursuant to

this chapter with reproductive toxicants that cause birth

defects, reproductive harm or developmental harm, as identified

by the United States Environmental Protection Agency.

Section 2.  This act shall take effect in 60 days.