PRINTER'S NO. 1427
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1221
Session of
2019
INTRODUCED BY CRUZ, SCHWEYER, HILL-EVANS, McNEILL, OTTEN AND
MILLARD, APRIL 15, 2019
REFERRED TO COMMITTEE ON COMMERCE, APRIL 15, 2019
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:
"Container." A food or beverage container that serves as a
package, parcel or other vessel intended for use in storing,
heating or serving liquids or solids intended for consumption by
the general population.
Section 3. Bisphenol A-free food and beverage containers.
(a) General rule.--No person or entity may manufacture, sell
or distribute any container that contains bisphenol A (BPA) at a
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level above 0.1 parts per billion (ppb).
(b) Manufacturer standard.--The following shall apply:
(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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