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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CURRY, APRIL 29, 2010 |
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| REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, APRIL 29, 2010 |
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| AN ACT |
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1 | Providing for bisphenol A-free baby and toddler products. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Bisphenol A- |
6 | free Baby and Toddler Products Act. |
7 | Section 2. Bisphenol A-free baby and toddler products. |
8 | (a) General rule.--No person or entity may manufacture, sell |
9 | or distribute any bottle, cup or other container that contains |
10 | bisphenol A at a level above 0.1 parts per billion (ppb) if the |
11 | container is designed or intended to be filled with any liquid, |
12 | food or beverage primarily for consumption from that container |
13 | by infants or children three years of age or younger. |
14 | (b) Exceptions.--The provisions of subsection (a) shall not |
15 | apply: |
16 | (1) To food and beverage containers designed or intended |
17 | primarily to contain liquid, food or beverages for |
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1 | consumption by the general population. |
2 | (2) To any liquid, food or beverage in a can or jar that |
3 | contains bisphenol A. |
4 | (c) Alternatives.-- |
5 | (1) Manufacturers shall use the least toxic alternative |
6 | when replacing bisphenol A in containers in accordance with |
7 | this section. |
8 | (2) Manufacturers shall not replace bisphenol A pursuant |
9 | to this section with carcinogens rated by the United States |
10 | Environmental Protection Agency as A, B or C carcinogens or |
11 | substances listed as known or likely carcinogens, known to be |
12 | human carcinogens, likely to be human carcinogens or |
13 | suggestive of being human carcinogens, as described in the |
14 | "List of Chemicals Evaluated for Carcinogenic Potential." |
15 | (3) Manufacturers shall not replace bisphenol A pursuant |
16 | to this section with reproductive toxicants that cause birth |
17 | defects, reproductive harm or developmental harm, as |
18 | identified by the United States Environmental Protection |
19 | Agency. |
20 | Section 3. Violation of Unfair Trade Practices and Consumer |
21 | Protection Law. |
22 | A violation of section 2 constitutes unfair methods of |
23 | competition and unfair or deceptive acts or practices within the |
24 | meaning of section 2(4) of the act of December 17, 1968 |
25 | (P.L.1224, No.387), known as the Unfair Trade Practices and |
26 | Consumer Protection Law, and shall be subject to the enforcement |
27 | provisions, civil penalties and private rights of action |
28 | contained in that act. |
29 | Section 4. Effective date. |
30 | This act shall take effect in 60 days. |
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