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

17 Co-sponsors

• Brian X. Foley
• Andrew J. Lanza
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Craig M. Johnson
• Liz Krueger
• Velmanette Montgomery
• George Onorato
• Suzi Oppenheimer
• Kevin S. Parker
• Bill Perkins
• John L. Sampson
• José M. Serrano
• Daniel L. Squadron
• Toby Ann Stavisky
• Neil D. Breslin
• Ruben Diaz

BILL NUMBER:S3296H REVISED 06/08/10

Title of bill

An act to amend the environmental conservation law, in relation to prohibiting the manufacture, distribution and sale of child pacifiers and beverage containers containing bisphenol A

Purpose of the bill

The bill would prohibit the manufacture, distribution and sale of certain child care products containing bisphenol-A which are intended for use by or upon a child.

Summary of provisions

The bill would prohibit the manufacture, distribution, sale or offer for sale of any child care product containing bisphenol-A intended for use by a child three years or age or under. Child care products include pacifiers, unfilled beverage containers, baby bottles, baby bottle lines and cups, cup lids, straws and sippy cups.

The bill also allows the DEC Commissioner to authorize labeling for Child care products covered in this title that do not contain bisphenol. The bill would vest exclusive right of the State to regulate BPA for those products contained in this bill. DEC is authorized to promulgate rules and regulations.

The bill also contains civil penalties for violation of its provisions.

Justification

Bisphenol-A is an estrogen-mimicking endocrine disrupter chemical used in the production of epoxy resins and polycarbonate plastics and is the main ingredient in hard polycarbonate plastics. BPA has been linked to breast and prostate cancer, early-onset puberty and polycystic ovary syndrome. These plastics are used in many foods and drink packaging applications. Bisphenol-A has been shown to be a hormone disruptor and is used in many products used by children, including pacifiers, baby bottles, sippy cups and cup lids, baby bottle lines and straws. This chemical has been shown to be present in most of the population.

The age of three reflects the type of products that are used by infants and very young children. This bill will significantly reduce the risk posed to children by these chemicals. Canada has announced that it is proposing a ban on polycarbonate baby bottles and strict limits on BPA in infant formula cans. Nalgene has already announced that it will be phasing out the use of BPA in its plastic containers, including sports bottles. WalMart Canada has announced that it will immediately stop selling baby bottles, sippy cups, pacifiers, food containers and water bottles that contain BPA. Vermont and Connecticut have enacted laws that are similar to this proposal. Four counties in NYS have enacted local laws prohibiting the use of BPA in sippy cups and baby bottles.

Prior legislative history

Introduced in 2007.

Fiscal implications for state and local governments

None.

Effective date

This act would take effect immediately and the BPA ban would take effect on December 1, 2010.