House File 2303 - Introduced HOUSE FILE 2303 BY KAJTAZOVIC A BILL FOR An Act prohibiting the manufacture of certain goods containing 1 bisphenol A, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5631YH (3) 84 da/nh

H.F. 2303 Section 1. NEW SECTION . 142E.1 Definitions. 1 1. “Consumer product” means the same as defined in 15 U.S.C. 2 § 2052. 3 2. “Department” means the department of public health. 4 3. “Food” means a raw, cooked, or processed edible 5 substance, ice, water, a beverage, or an ingredient used 6 or intended for use or sale in whole or in part for human 7 consumption, or chewing gum. 8 4. “Food container” means a consumer product that is a 9 receptacle designed or intended by the manufacturer to store 10 and retrieve food for later consumption. 11 5. “Food packaging” means material or a receptacle that 12 encases food at the point of sale to a consumer, including 13 cans, bottles, or bags, and their linings or coatings. 14 6. “Food wrap or bag” means a consumer product that is 15 designed or intended by the manufacturer to preserve or prepare 16 food for consumption at a time later than its sale to the 17 consumer, including a package, lining, film, or sheet. 18 7. “Manufacture” means to fabricate, assemble, or package a 19 good in final form for sale, or to affix a brand name to a good 20 in final form for sale. 21 8. “Manufacturer” means a person who manufactures a good 22 in this state. In the case of a good that is imported in the 23 United States, “manufacturer” means the importer or domestic 24 distributor of the good in final form if the person who would 25 otherwise be considered as a manufacturer or whose brand name 26 is affixed to the good does not have a presence in the United 27 States. 28 9. “Toxic compound” means the organic compound bisphenol 29 A (4,4’-Dihydroxy-2,2-diphenylpropane) as classified by the 30 international union of pure and applied chemistry. 31 Sec. 2. NEW SECTION . 142E.2 Determination of consumer 32 products —— designed or intended use. 33 In determining whether a consumer product is designed or 34 intended by its manufacturer for a particular use as provided 35 -1- LSB 5631YH (3) 84 da/nh 1/ 3

H.F. 2303 in section 142E.3, all of the following shall be considered: 1 1. A statement by a manufacturer about the consumer 2 product’s intended use, including as presented on the consumer 3 product’s label, if such statement is reasonable. 4 2. Any representation by a manufacturer in its packaging, 5 display, promotion, or advertising. 6 3. Whether the consumer product is commonly recognized by 7 consumers as being intended for a particular use. 8 Sec. 3. NEW SECTION . 142E.3 Toxic compound —— manufacturers 9 —— prohibition and penalty. 10 A manufacturer shall not manufacture a consumer product that 11 contains a toxic compound if the consumer product is designed 12 or intended for any of the following uses: 13 1. A food container. 14 2. A good containing food if the packaging contains a toxic 15 compound. 16 3. A food wrap or bag. 17 Sec. 4. NEW SECTION . 142E.4 Penalty. 18 A manufacturer who violates any provision of this chapter is 19 guilty of a simple misdemeanor. 20 Sec. 5. NEW SECTION . 142E.5 Rulemaking. 21 The department shall adopt rules as provided in chapter 17A 22 as necessary to administer this chapter. 23 EXPLANATION 24 This bill prohibits the manufacture and sale of a consumer 25 product containing the organic compound bisphenol A, an 26 industrial chemical used primarily to make polycarbonate 27 plastic and epoxy resins and identified in the bill as a 28 “toxic compound”. Specifically, the prohibition applies to 29 manufacturers in this state who manufacture food containers 30 (e.g., water bottles) and food wraps or bags (plastic wraps and 31 freezer bags). 32 The bill includes a provision to be used to determine 33 whether a consumer product is designated or intended for a 34 particular purpose, including statements or representations by 35 -2- LSB 5631YH (3) 84 da/nh 2/ 3

H.F. 2303 the manufacturer and whether consumers generally recognize its 1 particular use. 2 The department of public health is required to adopt rules 3 necessary to administer the bill’s provisions. 4 A manufacturer who violates the bill’s prohibition is guilty 5 of a simple misdemeanor. A simple misdemeanor is punishable by 6 confinement for no more than 30 days or a fine of at least $65 7 but not more than $625 or by both. 8 -3- LSB 5631YH (3) 84 da/nh 3/ 3