SENATE DOCKET, NO. 1051        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1223

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Karen E. Spilka

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act prohibiting the use of bisphenol-A in consumer products.

_______________

PETITION OF:

SENATE DOCKET, NO. 1051        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1223

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act prohibiting the use of bisphenol-A in consumer products.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 94B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 10 the following new section:-

Section 11.   (a) The following words as used in this section shall have the following meanings:-

“Child care article”, means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children three years of age or younger or to help said children with sucking or teething.

“Sports bottle” means a resealable, reusable container, sixty-four ounces or less in size, that is designed or intended primarily to be filled with a liquid or beverage for consumption from the container, and is sold or distributed at retail without containing any liquid or beverag             

“Toy”, means all products designed or intended by the manufacturer to be used by children three years of age or younger when they play; provided however, that the commissioner of the department of public health, by regulation, may exempt categories of products that the commissioner determines do not pose a significant risk to the child. 

(b)  Commencing January 1, 2016, no person, entity, manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use, any toy, child care article, bottle, cup, or other container, that contains bisphenol A if that container is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container.

(c) (1) Manufacturers shall use the least toxic alternative when replacing bisphenol-A in accordance with this chapter.

(2) Manufacturers shall not replace bisphenol-A, pursuant to this chapter, with carcinogens rated by the United States Environmental Protection Agency as A, B, OR C carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the “List of Chemicals Evaluated for Carcinogenic Potential.”

(3) Manufacturers shall not replace bisphenol-A under this chapter with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency.

(d) A person, entity, manufacturer, wholesaler, or retailer that manufacturers, knowingly sells, or distributes products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, wholesalers, or retailers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.

(e) The commissioner may adopt rules as necessary for the purpose of implementing, administering, and enforcing this section.