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

1 Co-sponsor

• Thomas K. Duane

Title of bill

An act to amend the environmental conservation law, in relation to enacting the "bisphenol A-free children and babies act"

Purpose or general idea of bill

This bill will prohibit the sale of certain products containing bisphenol-A.

Summary of specific provisions

This bill would prohibit the sale of any toy, child care product or beverage container containing bisphenal-A intended for use by a child under the age of three. The prohibition on the presence of bisphenol A in child care products such as baby bottles and cups would begin June 1, 2012, toys would begin June 1, 2012 and food/beverage containers would begin June 1, 2013. The Commissioner of the Department of Environmental Conservation would be authorized to provide waivers for one year.

This bill would also preempt municipalities from adopting local laws to regulate bisphenol-A in products for children three and under.

Effects of present law which this bill would alter

This bill adds a new Title 5 to Article 37 of the Environmental conservation Law.

Justification

Bisphenol A (BPA), a principle component in the production of polycarbonate 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 resins are commonly used as lacquers to coat metal products. such as food cans, bottle tops, jar lids and infant formula containers. The resins are also used to line aseptic packages such as juice boxes. The chemical bond between BPA molecules is unstable and can be disrupted by heat, acidic reactions and other conditions that can release BPA into the food or beverages within the containers. According to the U.S. Centers for Disease Control, ninety-three percent of Americans have detectable levels of BPA in their bodies. Research studies have found that babies have higher levels of BPA in their bodies than do adults because of greater exposure and reduced capacity to metabolize BPA.

BPA is a known estrogen-mimicking endocrine disruptor chemical. Endoc- rine 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 BPA 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. In 2008, thirty eight of the world's leading scientific experts on BPA, who reviewed over 700 publish studies, released a consensus statement warning of the adverse health effects of BPA exposure, concluding that the average levels of BPA in people are above those that cause harm in animals in laboratory experiments.

This bill will significantly reduce the risk posed to children by this chemical. Canada has announced that it is proposing a ban on polycarbonate baby bottles and strict limits on BPA in infant formula cans. In addition, some manufacturers and retailers have already announced that they will be phasing out the use of BPA in baby bottles, sippy cups and pacifiers. One BPA manufacturer has announced that its customers must guarantee that they will not use BPA in food and water containers for children under 3 years of age.

Prior legislative history

This is a new bill.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.