HOUSE FILE 147

BY  ISENHART, KEARNS, WITTNEBEN, RUNNING-MARQUARDT, HANSON, GAINES, WESSEL-KROESCHELL, M. SMITH, MASCHER, STECKMAN, ABDUL-SAMAD, HEDDENS, and GASKILL

A BILL FOR

An Act relating to the use of bisphenol A in certain products and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  135.181  Bisphenol A prohibition.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Baby food” means a commercially available prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger.
   b.  “Infant formula” means commercially available milk-based or soy-based powder, concentrated liquid, or ready-to-feed substitute for human breast milk that is intended for infant consumption.
   c.  “Reusable food or beverage container” means a receptacle for storing food or beverages, including baby bottles, spill-proof cups, sports bottles, and thermoses. “Reusable food or beverage container” does not include food or beverage containers intended for disposal after initial usage.
   2.  Beginning January 1, 2012, a person shall not manufacture, sell, or distribute in commerce in this state any reusable food or beverage container containing bisphenol A.
   3.  Beginning January 1, 2012, a person shall not manufacture, sell, or distribute in commerce in this state any infant formula or baby food stored in a plastic container, can, or jar containing bisphenol A.
   4.  A manufacturer shall use the least toxic alternative when replacing bisphenol A in accordance with this section.
   5.  In complying with this section, a manufacturer shall not replace bisphenol A with a substance rated by the United States environmental protection agency as a class A, B, or C carcinogen or a substance listed on the agency’s list of chemicals evaluated for carcinogenic potential as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.
   6.  In complying with this section, a manufacturer shall not replace bisphenol A with a reproductive toxicant that has been identified by the United States environmental protection agency as causing birth defects, reproductive harm, or developmental harm.
   7.  A person who violates this section is subject to a civil penalty of one thousand dollars for each violation.
EXPLANATION
   This bill relates to the use of bisphenol A in certain products.
   The bill, beginning January 1, 2012, prohibits the manufacture, sale, or distribution of any reusable food or beverage container containing bisphenol A. The bill, beginning January 1, 2012, prohibits the manufacture, sale, or distribution of any infant formula or baby food stored in a plastic container, can, or jar containing bisphenol A. The bill requires manufacturers to use the least toxic alternative when replacing bisphenol A in a product and prohibits the use of certain substances as replacements for bisphenol A in products. The bill provides that a person who violates the provisions of the bill is subject to a civil penalty of $1,000 for each violation.