PRINTER'S NO. 2569
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2193
Session of
2021
INTRODUCED BY CRUZ, SCHLOSSBERG, BURGOS, McNEILL, SANCHEZ AND
HOWARD, DECEMBER 28, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 28, 2021
AN ACT
Providing for bisphenol A-free container 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 BPA-free
Container Products Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"BPA." Bisphenol A.
"Container." A food or beverage package, parcel or other
vessel intended for use in storing, heating or serving liquids
or solids for consumption by the general population.
Section 3. BPA-free food and beverage containers.
(a) General rule.--No person or entity may manufacture, sell
or distribute any container that contains BPA at a level above
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0.1 parts per billion (ppb).
(b) Manufacturer standard.--The following standards apply to
manufacturers' use and replacement of BPA:
(1) A manufacturer shall use the least toxic alternative
when replacing BPA in containers in accordance with this
section.
(2) A manufacturer may not, under this section, replace
BPA with carcinogens rated by the 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 by the Environmental Protection
Agency in the Integrated Risk Information System.
(3) A manufacturer may not replace BPA under this
section with reproductive toxicants that cause birth defects,
reproductive harm or developmental harm, as identified by the
Environmental Protection Agency.
Section 4. Violation of Unfair Trade Practices and Consumer
Protection Law.
A violation of section 3 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 5. Effective date.
This act shall take effect in 60 days.
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