HF 2303 (LSB 5631YH (3) 84)

HOUSE FILE 2303

BY  KAJTAZOVIC

A BILL FOR

An Act prohibiting the manufacture of certain goods containing bisphenol A, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  142E.1  Definitions.
   1.  “Consumer product” means the same as defined in 15 U.S.C. § 2052.
   2.  “Department” means the department of public health.
   3.  “Food” means a raw, cooked, or processed edible substance, ice, water, a beverage, or an ingredient used or intended for use or sale in whole or in part for human consumption, or chewing gum.
   4.  “Food container” means a consumer product that is a receptacle designed or intended by the manufacturer to store and retrieve food for later consumption.
   5.  “Food packaging” means material or a receptacle that encases food at the point of sale to a consumer, including cans, bottles, or bags, and their linings or coatings.
   6.  “Food wrap or bag” means a consumer product that is designed or intended by the manufacturer to preserve or prepare food for consumption at a time later than its sale to the consumer, including a package, lining, film, or sheet.
   7.  “Manufacture” means to fabricate, assemble, or package a good in final form for sale, or to affix a brand name to a good in final form for sale.
   8.  “Manufacturer” means a person who manufactures a good in this state. In the case of a good that is imported in the United States, “manufacturer” means the importer or domestic distributor of the good in final form if the person who would otherwise be considered as a manufacturer or whose brand name is affixed to the good does not have a presence in the United States.
   9.  “Toxic compound” means the organic compound bisphenol A (4,4’-Dihydroxy-2,2-diphenylpropane) as classified by the international union of pure and applied chemistry.
    Sec. 2.  NEW SECTION.  142E.2  Determination of consumer products —— designed or intended use.
   In determining whether a consumer product is designed or intended by its manufacturer for a particular use as provided in section 142E.3, all of the following shall be considered:
   1.  A statement by a manufacturer about the consumer product’s intended use, including as presented on the consumer product’s label, if such statement is reasonable.
   2.  Any representation by a manufacturer in its packaging, display, promotion, or advertising.
   3.  Whether the consumer product is commonly recognized by consumers as being intended for a particular use.
    Sec. 3.  NEW SECTION.  142E.3  Toxic compound —— manufacturers —— prohibition and penalty.
   A manufacturer shall not manufacture a consumer product that contains a toxic compound if the consumer product is designed or intended for any of the following uses:
   1.  A food container.
   2.  A good containing food if the packaging contains a toxic compound.
   3.  A food wrap or bag.
    Sec. 4.  NEW SECTION.  142E.4  Penalty.
   A manufacturer who violates any provision of this chapter is guilty of a simple misdemeanor.
    Sec. 5.  NEW SECTION.  142E.5  Rulemaking.
   The department shall adopt rules as provided in chapter 17A as necessary to administer this chapter.
EXPLANATION
   This bill prohibits the manufacture and sale of a consumer product containing the organic compound bisphenol A, an industrial chemical used primarily to make polycarbonate plastic and epoxy resins and identified in the bill as a “toxic compound”. Specifically, the prohibition applies to manufacturers in this state who manufacture food containers (e.g., water bottles) and food wraps or bags (plastic wraps and freezer bags).
   The bill includes a provision to be used to determine whether a consumer product is designated or intended for a particular purpose, including statements or representations by the manufacturer and whether consumers generally recognize its particular use.
   The department of public health is required to adopt rules necessary to administer the bill’s provisions.
   A manufacturer who violates the bill’s prohibition is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.