THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CURRY, BRIGGS, CALTAGIRONE, COHEN, D. COSTA, FREEMAN, GEORGE, GOODMAN, HESS, HORNAMAN, JOSEPHS, KORTZ, MANN, McGEEHAN, MILLARD, MIRABITO, MURPHY, M. O'BRIEN, PASHINSKI, PYLE, REICHLEY, SANTARSIERO, J. TAYLOR, VULAKOVICH, WAGNER AND WHITE, JANUARY 24, 2011

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 24, 2011  

AN ACT

Providing for bisphenol A-free baby and toddler products.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Bisphenol A-

free Baby and Toddler Products Act.

Section 2.  Bisphenol A-free baby and toddler products.

(a)  General rule.--No person or entity may 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.

(b)  Exceptions.--The provisions of subsection (a) shall not

apply:

(1)  To food and beverage containers designed or intended

primarily to contain liquid, food or beverages for

consumption by the general population.

(2)  To any liquid, food or beverage in a can or jar that

contains bisphenol A.

(c)  Alternatives.--

(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 section 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 section with reproductive toxicants that cause birth

defects, reproductive harm or developmental harm, as

identified by the United States Environmental Protection

Agency.

Section 3.  Violation of Unfair Trade Practices and Consumer

Protection Law.

A violation of section 2 constitutes unfair methods of

competition and unfair or deceptive acts or practices within the

meaning of section 2(4) of the act of December 17, 1968

(P.L.1224, No.387), known as the Unfair Trade Practices and

Consumer Protection Law, and shall be subject to the enforcement

provisions, civil penalties and private rights of action

contained in that act.

Section 4.  Effective date.

This act shall take effect in 60 days.