THE GENERAL ASSEMBLY OF PENNSYLVANIA
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
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
(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.
(1) Manufacturers shall use the least toxic alternative
when replacing bisphenol A in containers in accordance with
(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
Section 3. Violation of Unfair Trade Practices and Consumer
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.