Senate File 405 - Introduced SENATE FILE 405 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 60) A BILL FOR An Act relating to the use of bisphenol A in certain products, 1 providing penalties, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1308SV (2) 84 tm/nh
S.F. 405 Section 1. NEW SECTION . 135.181 Bisphenol A prohibition. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Infant pacifier” means a device designed to be bitten 4 or sucked by an infant for the sole purpose of soothing or 5 providing comfort to the infant. 6 b. “Reusable beverage container” means a receptacle for 7 storing beverages, including baby bottles and spill-proof 8 cups. “Reusable beverage container” does not include beverage 9 containers intended for disposal after initial usage. 10 2. Beginning January 1, 2013, a person shall not 11 manufacture, sell, or distribute in commerce in this state 12 any infant pacifier or reusable beverage container containing 13 bisphenol A. 14 3. A manufacturer shall use the least toxic alternative when 15 replacing bisphenol A in accordance with this section. 16 4. In complying with this section, a manufacturer shall 17 not replace bisphenol A with a substance rated by the United 18 States environmental protection agency as a class A, B, or 19 C carcinogen or a substance listed on the agency’s list of 20 chemicals evaluated for carcinogenic potential as known or 21 likely carcinogens, known to be human carcinogens, likely to be 22 human carcinogens, or suggestive of being carcinogens. 23 5. In complying with this section, a manufacturer shall not 24 replace bisphenol A with a reproductive toxicant that has been 25 identified by the United States environmental protection agency 26 as causing birth defects, reproductive harm, or developmental 27 harm. 28 6. A person who violates this section is subject to a civil 29 penalty of one thousand dollars for each violation. 30 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 31 2013. 32 EXPLANATION 33 This bill relates to the use of bisphenol A in certain 34 products. 35 -1- LSB 1308SV (2) 84 tm/nh 1/ 2
S.F. 405 The bill, beginning January 1, 2013, prohibits the 1 manufacture, sale, or distribution of any infant pacifier or 2 reusable beverage container containing bisphenol A. The bill 3 requires manufacturers to use the least toxic alternative when 4 replacing bisphenol A in a product and prohibits the use of 5 certain substances as replacements for bisphenol A in products. 6 The bill provides that a person who violates the provisions 7 of the bill is subject to a civil penalty of $1,000 for each 8 violation. 9 The bill takes effect January 1, 2013. 10 -2- LSB 1308SV (2) 84 tm/nh 2/ 2