Senate File 60 - Introduced SENATE FILE 60 BY BOLKCOM A BILL FOR An Act relating to the use of bisphenol A in certain products 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1308XS (1) 84 tm/nh
S.F. 60 Section 1. NEW SECTION . 135.181 Bisphenol A prohibition. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Baby food” means a commercially available prepared solid 4 food consisting of a soft paste or an easily chewed food that 5 is intended for consumption by children two years of age or 6 younger. 7 b. “Infant formula” means commercially available milk-based 8 or soy-based powder, concentrated liquid, or ready-to-feed 9 substitute for human breast milk that is intended for infant 10 consumption. 11 c. “Reusable food or beverage container” means a receptacle 12 for storing food or beverages, including baby bottles, 13 spill-proof cups, sports bottles, and thermoses. “Reusable 14 food or beverage container” does not include food or beverage 15 containers intended for disposal after initial usage. 16 2. Beginning January 1, 2012, a person shall not 17 manufacture, sell, or distribute in commerce in this state any 18 reusable food or beverage container containing bisphenol A. 19 3. Beginning January 1, 2012, a person shall not 20 manufacture, sell, or distribute in commerce in this state any 21 infant formula or baby food stored in a plastic container, can, 22 or jar containing bisphenol A. 23 4. A manufacturer shall use the least toxic alternative when 24 replacing bisphenol A in accordance with this section. 25 5. In complying with this section, a manufacturer shall 26 not replace bisphenol A with a substance rated by the United 27 States environmental protection agency as a class A, B, or 28 C carcinogen or a substance listed on the agency’s list of 29 chemicals evaluated for carcinogenic potential as known or 30 likely carcinogens, known to be human carcinogens, likely to be 31 human carcinogens, or suggestive of being carcinogens. 32 6. In complying with this section, a manufacturer shall not 33 replace bisphenol A with a reproductive toxicant that has been 34 identified by the United States environmental protection agency 35 -1- LSB 1308XS (1) 84 tm/nh 1/ 2
S.F. 60 as causing birth defects, reproductive harm, or developmental 1 harm. 2 7. A person who violates this section is subject to a civil 3 penalty of one thousand dollars for each violation. 4 EXPLANATION 5 This bill relates to the use of bisphenol A in certain 6 products. 7 The bill, beginning January 1, 2012, prohibits the 8 manufacture, sale, or distribution of any reusable food 9 or beverage container containing bisphenol A. The bill, 10 beginning January 1, 2012, prohibits the manufacture, sale, 11 or distribution of any infant formula or baby food stored in 12 a plastic container, can, or jar containing bisphenol A. The 13 bill requires manufacturers to use the least toxic alternative 14 when replacing bisphenol A in a product and prohibits the 15 use of certain substances as replacements for bisphenol A in 16 products. The bill provides that a person who violates the 17 provisions of the bill is subject to a civil penalty of $1,000 18 for each violation. 19 -2- LSB 1308XS (1) 84 tm/nh 2/ 2