Prohibits the manufacture, distribution and sale of child care products containing bisphenol A

Summary of specific provisions

Section 1 provides the legislative intent.

Section 2 prohibits the sale or offer for sale of any "child care prod- uct" containing BPA that is primarily intended for infants or children under three years of age. "Child care product" is defined as all pacifi- ers and beverage containers to be used by children under three years old for the consumption of liquids including pacifiers, baby bottles, baby bottle liners and cups, cup lids, straws and sippy cups.

Section 2 also authorizes the commissioner to require prominent labeling of EPA-free products and provides for State preemption of local stat- utes.

Section 3 imposes a civil penalty of not more than one thousand dollars for each day during which a first violation continues and an injunction from continuing such violation. For a second violation, a civil penalty not to exceed two thousand five hundred dollars will be imposed for each day during which the violation continues.

Section 4 establishes the effective date as December first 2010.

Justification

Bisphenol A (BPA), a principle component in the production of potycarbonate rigid plastic and epoxy resins, is used in many food and drink packaging applications, as well as products intended for use by young children. The chemical bond between EPA molecules is unstable and can be disrupted by heat, acidic reactions and other condi- tions that can release EPA into the food or beverages within the containers.

According to the U.S. Centers for Disease Control, ninety-five percent of Americans have detectable levels of EPA in their bodies, and most are at or above the concentrations known to cause adverse effects in labora- tory studies. Recently, the Food and Drug Administration (FDA) has taken the position that recent studies provide reason for some concern about the potential effects of BPA on the brain, behavior, and prostate gland of fetuses, infants and children. As a response to safety of products containing BPA, the agency is to reduce human exposure to BPA, including recommendations to consumers on food preparation.

Research studies have found that babies have up to eleven times higher levels of EPA in their bodies than do adults because of greater exposure and reduced capacity to metabolize BPA. EPA is a known estrogen-mimick- ing endocrine disruptor chemical. Endocrine disruption has been linked to a greater number of common ailments, including heart disease, immune system disruption, brain deterioration, type-2 diabetes, cancer and obesity. Research has shown that EPA can alter the expression of several hundred genes, with effects varying among specific tissues and timing of exposure. Pre-natal and neonatal exposure to BPA has been linked to altered DNA function and genetic expression, male reproductive disorders and lowered sperm counts, insulin resistance, early puberty, and changes in prostate and mammary gland development, leading to potential greater susceptibility to breast cancer and other cancer later in life. Current- ly, three counties in New York: Albany County, Suffolk County, and Schenectady County have enacted BPA legislation to protect infants and children from BPA exposure. This bill will significantly empower New York to reduce the risk posed to children by BPA exposure.

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately. With regards to child care products already containing BPA, such products are prohibited from sale or offer for sale beginning December first 2010.