House Bill to Ban BPA in All Food and Beverage Containers, Etc. Introduced
On January 25, 2011, Representative Markey1 (D) introduced H.R. 432, a bill to prohibit the use of the chemical bisphenol-A (BPA)2 in all food and beverage containers.
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Would Ban BPA in Food and Beverage Containers, Allow for Temporary Waiver
According to a press release from Representative Markey, H.R. 432 would:
- Ban reusable food and beverage containers (e.g., baby bottles and thermoses) and other food containers (e.g., canned food and formula) that contain BPA from being sold or introduced into commerce.
- Allow the FDA to issue one-year waivers to the ban for particular food or beverage containers if there is no technology available to contain that particular product without the use of BPA.
- Require manufactures that receive a waiver to the BPA ban to submit a plan for how they intend to comply with the ban in the future and to label containers with an indication that BPA was used.
- Require the FDA to review substances that have been previously approved to manufacture food and beverage containers and to limit the use of any substance FDA determines may pose health risks, based on new scientific information.
Markey Introduced Similar Bill in 2009, Tried to Add BPA Provision to Food Safety Bill
Markey introduced similar (but not identical) legislation in the 111th Congress, but it was not enacted. (See ITT’s Online Archives or 03/18/09 news, 09031825, for BP summary of Markey’s 2009 bill (H.R. 1523).)
Markey also attempted to have a BPA provision added to the recently enacted Food Safety Bill (H.R. 2751). The first House food safety bill, passed in July 2009 (but not enacted), contained a provision on BPA, but the final version of the bill, enacted in January 2011, did not.
(See ITT’s Online Archives or 09/01/09 news, 09090120, for BP summary of July 2009 food safety bill passed by House with BPA provision. See ITT’s Online Archives or 04/28/10 news, 10042844, for BP summary of opposition by over 50 association to a BPA ban being included in the food safety bill. See ITT’s Online Archives or 01/04/11 news, 11010426, for comprehensive summary of enacted food safety bill.)
Other Countries, States Have Enacted Restrictions on BPA
Markey notes in his press release that in January 2010, federal officials at the FDA stated that they had “some concern” about BPA’s safety, particularly for infants and young children.
Markey further notes that Canada declared BPA a toxin and banned it from baby bottles in 2008, followed by France and Denmark in 2010. Similar restrictions have been instituted in Massachusetts, Vermont, Maryland, Minnesota, New York, Connecticut, Wisconsin and Washington.
(See ITT’s Online Archives or 03/25/10 news, 10032535, for BP summary on the enactment of bans on BPA in certain products by five U.S. states.)
Senate Bill Introduced to Ban BPA in Baby Feeding Items
On January 25, 2011, Senator Feinstein (D) introduced the Ban Poisonous Additives Act of 2011 (S. 136), a bill that would establish a federal ban on the chemical bisphenol A (BPA) in baby bottles, sippy cups, baby food, and infant formula. (See ITT’s Online Archives or 01/27/11 news, 11012727, for BP summary of press release on S. 136.)
1and co-sponsors Moran (D), Schakowsky (D), and Slaughter (D).
2BPA is used in a wide variety of consumer products, including food containers, water bottles and baby bottles.