Senate File 405 - Reprinted SENATE FILE 405 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 60) (As Amended and Passed by the Senate March 9, 2011 ) 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 SF 405 (4) 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, including soothing discomfort 6 caused by teething. 7 b. “Reusable beverage container” means a baby bottle or 8 spill-proof container primarily intended by the manufacturer 9 for use by a child three years of age or younger. 10 1A. For purposes of this section, “reusable beverage 11 container” includes disposable baby bottle liners designed to 12 hold liquids in a baby bottle. 13 2. Beginning January 1, 2013, a person shall not 14 manufacture, sell, or distribute in commerce in this state 15 any infant pacifier or reusable beverage container containing 16 bisphenol A. A manufacturer or wholesaler who sells or offers 17 for sale in this state a reusable beverage container that is 18 intended for retail sale shall do all of the following: 19 a. Ensure that the container is conspicuously labeled as not 20 containing bisphenol A. 21 b. Provide the retailer with affirmation that the container 22 does not contain bisphenol A. 23 3. A manufacturer shall use the least toxic alternative when 24 replacing bisphenol A in accordance with this section. 25 4. 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, or likely 31 to be human carcinogens. 32 5. 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- SF 405 (4) 84 tm/nh 1/ 2
S.F. 405 as causing birth defects, reproductive harm, or developmental 1 harm. 2 6. A person who violates this section is subject to a civil 3 penalty of five hundred dollars for each violation. 4 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 5 2013. 6 -2- SF 405 (4) 84 tm/nh 2/ 2