NCSL Policy Update: State Restrictions on Bisphenol A (BPA) in Consumer Products States with BPA Restrictions California

Connecticut

Delaware

Maine

Maryland

Massachusetts

Minnesota

Nevada

New York

Vermont

Washington

Wisconsin

District of Columbia

Other Jurisdictions Additional Resources NCSL’s Environmental Health Legislation Database NCSL Contact Jennifer Schultz February 2015 Concerns about potentially negative health effects from exposure to bisphenol A in many consumer products have led to action in state legislatures. Known as BPA for short, bisphenol A serves as a hardening agent in a number of plastic products. It is used in baby bottles, sippy cups, and medical and dental devices and as coatings for food and beverage cans. New research has linked BPA exposure to accelerated puberty and an increase risk for cancer, heart disease and diabetes. Although, the U.S. Food and Drug Administration—which has primary responsibility for regulating the compound—has expressed "some concern about the potential effects of BPA on the brain, behavior and prostate gland of fetuses, infants and children." In July 2012, the agency announced that it would no longer allow BPA in baby bottles and children’s drinking cups. The agency has not restricted its use in other consumer products. In recent years, several state legislatures have taken up the issue. Thirteen states and the District of Columbia have enacted restrictions since 2009. Below is a summary of these BPA laws. California Assembly Bill 1319 (2011)

West's Ann.Cal.Health & Safety Code § 108940-108941

Enacted in October 2011, this law prohibits the manufacture, sale or distribution of bottles or cups which contain BPA at a detectable level above 0.1 parts per billion if the containers are designed to be used by children three years of age or younger. Requires manufactures to replace BPA in these products with the least toxic alternative and prohibits them from replacing BPA with certain carcinogens or reproductive toxicants. California’s restrictions took effect July 1, 2013. Connecticut House Bill 6572 (2009)

C.G.S.A. § 21a-12b to -12c

Enacted in June 2009, this law bans the manufacture, sale or distribution of reusable food or beverage containers—including baby bottles, spill-proof cups, sports bottles and thermoses—that contain BPA. The law also bans the manufacture, sale or distribution of baby food or infant formula sold in containers that contain BPA. Connecticut’s restrictions took effect October 1, 2011. Senate Bill 210 (2011)

C.G.S.A. § 21a-12e

Enacted in July 2011, this law prohibits the manufacture, sale or distribution of thermal receipt paper or cash register receipt paper containing BPA. The restrictions took effect October 1, 2013, unless the U.S. Environmental Protection Agency does not identify a safe alternative to BPA in these products by that date, in which case the restrictions take effect July 1, 2015. Delaware Senate Bill 70 (2011)

6 Del.C. § 2509

Enacted in June 2011, this law prohibits the sale of bottles or cups containing BPA if those containers are designed for use by children under four years of age. Delaware’s restrictions took effect July 1, 2012. Illinois Senate Bill 2950 (2011)

410 ILCS 44/10

Enacted in August 2012, this law prohibits the sale of children’s food or beverage containers that contains bisphenol A. Children’s food or beverage containers means “an empty bottle or cup to be filled with food or liquid that is designed or intended by a manufacturer to be used by a child” less than 3 years of age. The ban applies to manufacturers and wholesalers beginning January 1, 2013 and to retailers January 1, 2014. Maine House Bill 330 (2011)

Resolve No. 2011-25 (2011)

Enacted in April 2011, Maine House Bill 330 approves the designation of BPA as a priority chemical under the state’s toxic chemicals in children’s products law (38 MRSA §1691 et al.). This law establishes certain reporting requirements for manufacturers of products containing priority chemicals and authorizes sales prohibitions of these products. Maryland House Bill 33 (2010) and Senate Bill 213 (2010)

MD Code, Health - General, § 24-304

Enacted in April 2010, this law prohibits the manufacture, sale, or distribution of children’s bottles or cups that contain BPA after January 1, 2012. The law requires manufactures to replace BPA in these products with the least toxic alternative and prohibits them from replacing BPA with certain carcinogens or reproductive toxicants. House Bill 4 (2011) and Senate Bill 151 (2011)

MD Code, Health - General, § 24-304

Enacted in May 2011, these bills amended existing law to prohibit the manufacture, sale and distribution of containers of infant formula containing more than 0.5 parts per billion of BPA. The amended law also prohibits the state from purchasing infant formula in containers made with BPA. These restrictions take effect July 1, 2014.



Massachusetts 105 CMR 650.220

In January 2011, the Massachusetts Department of Public Health adopted revisions to its hazardous substances administrative regulations that declared children's reusable food or beverage containers containing bisphenol-A banned hazardous substances. The ban covers those containers that are manufactured on or after January 7, 2011, or sold at retail on or after July 1, 2011. Previously, the Department had issued a public health advisory in August 2009 warning parents of infants and young children to avoid storing infant formula or breast milk in plastic bottles containing BPA. Minnesota MN H 459

2014

Sale of Children's Food Containers with Bisphenol-A

Status: Enacted - Act No. 2013-71

Date of Last Action:* 05/16/2013 - Enacted

Author: Atkins (DFL)

Topics: Children's Environmental Health, Toxics & Chemicals

Summary: Prohibits manufacturers, wholesalers, and retailers from knowingly selling children's food containers that contain bisphenol-A, prohibits manufacturers from replacing a prohibited chemical with a chemical known by the manufacturer to have been identified by a state agency as being known or suspected to be harmful to a fetal or child development. MN H 459

2013

Sale of Children's Food Containers with Bisphenol-A

Status: Enacted - Act No. 2013-71

Date of Last Action:* 05/16/2013 - Enacted

Author: Atkins (DFL)

Topics: Children's Environmental Health, Toxics & Chemicals

Summary: Prohibits manufacturers, wholesalers, and retailers from knowingly selling children's food containers that contain bisphenol-A, prohibits manufacturers from replacing a prohibited chemical with a chemical known by the manufacturer to have been identified by a state agency as being known or suspected to be harmful to a fetal or child development. Nevada NV A 354

2013

Use of Certain Chemicals in Consumer Products

Status: Enacted - Act No. 203

Date of Last Action:* 05/28/2013 - Enacted

Author: Diaz (D)

Topics: Children's Environmental Health, Toxics & Chemicals

Summary: AN ACT relating to consumer protection, prohibiting the use of Bisphenol A (BPA) in certain products, prohibiting the use of toxic flame retardants in any children's product or residential furniture, requiring the Health Division of the Department of Health and Human Services to identify a list of harmful chemicals, providing a penalty, and providing other matters properly relating thereto. New York Senate Bill 3296 (2010)

NY Env Cons L § 37-0501

Enacted in July 2010, this law prohibits the sale of pacifiers, baby bottles, sippy cups and other unfilled beverage containers for use by children under three years of age that contain BPA after December 1, 2010. The law also allows products to be labeled as BPA-free. Vermont Senate Bill 247 (2010)

18 V.S.A. § 1512

Enacted in May 2010, this law prohibits the manufacture, sale or distribution of reusable food or beverage containers such as baby bottles, spill-proof cups, sports bottles, and thermoses that contain BPA after July 1, 2012. The law also bans baby food and infant formula stored in BPA-containing plastic containers or jars after July 1, 2012, and in BPA-containing jars after July 1, 2014. The law requires manufactures to replace BPA in these products with the least toxic alternative and prohibits them from replacing BPA with certain carcinogens or reproductive toxicants. Washington Senate Bill 6248 (2010)

West's RCWA 70.280.010 to 70.280.060

Enacted in March 2010, this law prohibits the manufacture, sale or distribution of empty bottles, cups or other food or beverage containers that contain BPA after July 1, 2011. Metal cans are exempted from this ban. The law also prohibits the manufacture, sale or distribution of empty sports bottles of 64 ounces or less that contain BPA after July 1, 2012. A provision of the law requires manufacturers to recall prohibited products and reimburse the retailer or any other purchaser for the product. Wisconsin Senate Bill 271 (2010)

W.S.A. 100.335

Enacted in March 2010, this law prohibits the manufacture or sale at wholesale and retail of empty baby bottles and spill-proof cups for use by children 3 years of age or younger that contain BPA after June 15, 2010. Manufacturers of these products also must conspicuously label each product as not containing BPA. District of Columbia Bill 521 (2009)

DC ST § 8-108.01

Enacted in March 2011this law prohibits the manufacture, sale or distribution of bottles, cups or containers made from BPA if they are designed to be filled with food or liquids. The restrictions took effect July 1, 2011. Other Jurisdictions Canada banned BPA in baby bottles in August 2008.

Chicago banned the sale of baby bottles containing BPA in May 2009.

Suffolk County, New York banned baby bottles containing BPA in April 2009. Additional Resources NCSL’s Environmental Health Legislation Database