[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2928 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2928

               To ban bisphenol A in children's products.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2008

Mr. Schumer (for himself, Mrs. Feinstein, Mrs. Clinton, Mr. Durbin, Mr. 
Kerry, and Mr. Menendez) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
               To ban bisphenol A in children's products.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``BPA-Free Kids Act of 2008''.

SEC. 2. BAN ON BPA IN CHILDREN'S PRODUCTS.

    (a) Definitions.--In this section:
            (1) Children's product.--The term ``children's product'' 
        means a consumer product designed for or intended for use by, 
        or care of, a child 7 years of age or younger that is 
        introduced into the interstate stream of commerce. In 
        determining whether a product is intended for use by a child 7 
        years of age or younger, the following factors shall be 
        considered:
                    (A) A statement by a manufacturer about the 
                intended use of such product, including a label on such 
                product, if such statement is reasonable.
                    (B) Whether the product is represented in its 
                packaging, display, promotion, or advertising as 
                appropriate for children 7 years of age or younger.
                    (C) Whether the product is commonly recognized by 
                consumers as being intended for use by a child 7 years 
                of age or younger.
                    (D) The Age Determination Guidelines issued by the 
                Consumer Product Safety Commission in September 2002 
                and any subsequent version of such guidelines.
            (2) Consumer product.--The term ``consumer product'' has 
        the meaning given the term in section 3 of the Consumer Product 
        Safety Act (15 U.S.C. 2052).
    (b) Ban in Children's Products.--Beginning on the date that is 180 
days after the date of enactment of this Act, any children's product 
that contains a detectable amount of bisphenol A (commonly known as 
``BPA'') shall be treated as a banned hazardous substance under the 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and the 
prohibitions contained in section 4 of such Act shall apply.

SEC. 3. STUDY BY THE CDC.

    Not later than 90 days after the date of enactment of this Act, the 
Director of the Centers for Disease Control and Prevention shall submit 
a plan to Congress on a study the Director shall conduct on the health 
effects of bisphenol A exposure in all age groups and in pregnant 
women.

SEC. 4. NO PREEMPTION OF MORE PROTECTIVE STATE LAWS.

    Nothing in this Act or section 18(b)(1)(B) of the Federal Hazardous 
Substances Act (15 U.S.C. 1261 note) shall affect the authority of any 
State or political subdivision of a State to establish or continue in 
effect a provision of the law of a State or political subdivision of a 
State relating to regulation of products containing bisphenol A, except 
to the extent that such provision of law is inconsistent with the 
provisions of this Act, and then only to the extent of such 
inconsistency. A provision of the law of a State or political 
subdivision of a State is not inconsistent with this Act if such 
provision provides equal or greater protection to consumers than what 
is provided under this Act.
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