SENATE FILE 405

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO SF 60)

(As Amended and Passed by the Senate 2011-03-09)

A BILL FOR

An Act relating to the use of bisphenol A in certain products, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  135.181  Bisphenol A prohibition.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Infant pacifier” means a device designed to be bitten or sucked by an infant for the sole purpose of soothing or providing comfort to the infant, including soothing discomfort caused by teething.
   b.  “Reusable beverage container” means a baby bottle or spill-proof container primarily intended by the manufacturer for use by a child three years of age or younger.
   1A.  For purposes of this section,“reusable beverage container” includes disposable baby bottle liners designed to hold liquids in a baby bottle.
   2.  Beginning January 1, 2013, a person shall not manufacture, sell, or distribute in commerce in this state any infant pacifier or reusable beverage container containing bisphenol A. A manufacturer or wholesaler who sells or offers for sale in this state a reusable beverage container that is intended for retail sale shall do all of the following:
   a.  Ensure that the container is conspicuously labeled as not containing bisphenol A.
   b.  Provide the retailer with affirmation that the container does not contain bisphenol A.
   3.  A manufacturer shall use the least toxic alternative when replacing bisphenol A in accordance with this section.
   4.  In complying with this section, a manufacturer shall not replace bisphenol A with a substance rated by the United States environmental protection agency as a class A, B, or C carcinogen or a substance listed on the agency’s list of chemicals evaluated for carcinogenic potential as known or likely carcinogens, known to be human carcinogens, or likely to be human carcinogens.
   5.  In complying with this section, a manufacturer shall not replace bisphenol A with a reproductive toxicant that has been identified by the United States environmental protection agency as causing birth defects, reproductive harm, or developmental harm.
   6.  A person who violates this section is subject to a civil penalty of five hundred dollars for each violation.
   Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1, 2013.