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HOUSE DOCKET, NO. 2523         FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1992

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

_______________

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 relative to protecting children from Bisphenol-A.

_______________

PETITION OF:

 

Name:

District/Address:

Bradley H. Jones, Jr.

20th Middlesex

George N. Peterson, Jr.

9th Worcester

Bradford Hill

4th Essex

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth

Donald Humason

 

Sheila C. Harrington

1st Middlesex

Paul K. Frost

7th Worcester

Nicholas A. Boldyga

3rd Hampden

Kimberly N. Ferguson

1st Worcester

Todd M. Smola

1st Hampden

Matthew A. Beaton

11th Worcester


HOUSE DOCKET, NO. 2523        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1992

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 1992) of Bradley H. Jones, Jr. and others relative to the use of Bisphenol-A in certain baby products.  Public Health. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2360 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relative to protecting children from Bisphenol-A.
 

              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 111 of the General Laws, as most recently amended by chapter 224 of the acts of 2012, is hereby further amended by inserting after section 228 the following new section:-

              Section 229.  (a) As used in this section the following terms shall have the following meanings:-

              "Child care product", all pacifiers and reusable beverage containers intended for use by children three years of age or younger for the consumption of food or liquids including, but not limited to, the following: pacifiers, baby bottles, baby bottle liners, and cups, cup lids, straws, and sippy cups.

              “Commissioner”, the commissioner of public health.

              “Department”, the department of public health.

              “Infant formula”, means a milk-based, soy-based, or amino acid-based powder, concentrated liquid, or ready-to-feed substitute for human breast milk that is intended for infant consumption and that is commercially available.

              "Baby food", means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger and is commercially available.

              (b) Beginning January 1, 2012, no person or entity shall manufacture, sell, or distribute in the commonwealth any child care product containing bisphenol A.

              (c) Beginning January 1, 2012, no person or entity shall manufacture, sell, or distribute in the commonwealth any infant formula or baby food stored in a plastic container, jar, or can that contains bisphenol A.

              (d) Manufacturers shall use the least toxic alternative when replacing bisphenol A in accordance with this section.

              (e) Manufacturers shall not replace bisphenol A, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA’s “List of Chemicals Evaluated for Carcinogenic Potential” as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of  being carcinogens.

              (f) Manufacturers shall not replace bisphenol A, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.

              (g) The commissioner shall place bisphenol A on the lists of toxic substances, hazardous substances, and banned hazardous substances when bisphenol A is contained in child care products, or infant formula or baby food containers.

              (h)The department is authorized to promulgate such rules and regulations as it shall deem necessary to implement the provisions of this section.

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