PRINTER'S NO. 829
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
853
Session of
2023
INTRODUCED BY HANBIDGE, SAMUELSON, CIRESI, SCHLOSSBERG, HILL-
EVANS, KINSEY, SANCHEZ, RABB, MADDEN, GUENST, BURGOS,
McNEILL, HOWARD, FLEMING, SHUSTERMAN, FREEMAN, GILLEN,
O'MARA, CERRATO AND N. NELSON, APRIL 10, 2023
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, APRIL 10, 2023
AN ACT
Providing for bisphenol A-free container products for infants.
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 for Infants 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
infants.
"Infant." A child under one year of age.
Section 3. Bisphenol A-free food and beverage containers for
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infants.
(a) Prohibition.--A person may not manufacture, sell or
distribute any container intended for use by infants that
contains bisphenol A at a level above 0.1 parts per billion.
(b) Manufacturer standard.--A manufacturer under this
section:
(1) Shall use the least toxic alternative when replacing
bisphenol A in containers as provided under this section.
(2) May not replace bisphenol A 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) May not replace bisphenol A 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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