S 136 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 136CommentsClose CommentsPermalink

To establish requirements with respect to bisphenol A.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 25 (legislative day, January 5), 2011CommentsClose CommentsPermalink

Mr. REID (for Mrs. FEINSTEIN (for herself, Mr. SCHUMER, Mr. KERRY, Mr. SANDERS, and Mr. FRANKEN)) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish requirements with respect to bisphenol A.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Ban Poisonous Additives Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A.

(a) Ban on Use of Bisphenol A in Food and Beverage Containers for Children-CommentsClose CommentsPermalink





(1) BABY FOOD; UNFILLED BABY BOTTLES AND CUPS- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j)(1) If it is a food intended for children 3 years of age or younger, the container of which (including the lining of such container) is composed, in whole or in part, of bisphenol A.CommentsClose CommentsPermalink





‘(2) If it is a baby bottle or cup that is composed, in whole or in part, of bisphenol A.’.CommentsClose CommentsPermalink





(2) DEFINITION- Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(rr) Baby Bottle or Cup- For purposes of section 402(j), the term ‘baby bottle or cup’ means a bottle or cup that--CommentsClose CommentsPermalink





‘(1) is intended to aid in the feeding or providing of drink to children 3 years of age or younger; andCommentsClose CommentsPermalink





‘(2) does not contain a food when such bottle or cup is sold or distributed at retail.’.CommentsClose CommentsPermalink





(3) EFFECTIVE DATES-CommentsClose CommentsPermalink





(A) BABY FOOD- Section 402(j)(1) of the Federal Food, Drug, and Cosmetic Act, as added by paragraph (1), shall take effect 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink





(B) UNFILLED BABY BOTTLES AND CUPS- Section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act, as added by paragraph (1), shall take effect 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Ban on Use of Bisphenol A in Infant Formula Containers-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 412(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(a)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘, or’ and inserting ‘,’;CommentsClose CommentsPermalink





(B) in paragraph (3), by striking the period at the end and inserting ‘, or’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) the container of such infant formula (including the lining of such container and, in the case of infant formula powder, excluding packaging on the outside of the container that does not come into contact with the infant formula powder) is composed, in whole or in part, of bisphenol A.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect 18 months after the date of enactment of this Act.CommentsClose CommentsPermalink





(c) Regulation of Other Containers Composed of Bisphenol A-CommentsClose CommentsPermalink





(1) SAFETY ASSESSMENT OF PRODUCTS COMPOSED OF BPA- Not later than December 1, 2012, the Secretary of Health and Human Services (referred to in this Act as the ‘Secretary’) shall issue a revised safety assessment for food containers composed, in whole or in part, of bisphenol A, taking into consideration different types of such food containers and the use of such food containers with respect to different foods, as appropriate.CommentsClose CommentsPermalink





(2) SAFETY STANDARD- Through the safety assessment described in paragraph (1), and taking into consideration the requirements of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21, Code of Federal Regulations, the Secretary shall determine whether there is a reasonable certainty that no harm will result from aggregate exposure to bisphenol A through food containers or other items composed, in whole or in part, of bisphenol A, taking into consideration potential adverse effects from low dose exposure, and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to bisphenol A.CommentsClose CommentsPermalink





(3) APPLICATION OF SAFETY STANDARD TO ALTERNATIVES- The Secretary shall use the safety standard described under paragraph (2) to evaluate the proposed uses of alternatives to bisphenol A.CommentsClose CommentsPermalink





(d) Savings Provision- Nothing in this section shall affect the right of a State, political subdivision of a State, or Indian Tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this section or that--CommentsClose CommentsPermalink





(1) applies to a product category not described in this section; orCommentsClose CommentsPermalink





(2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A.CommentsClose CommentsPermalink





(e) Definition- For purposes of this section, the term ‘container’ includes the lining of a container.CommentsClose CommentsPermalink