II 110th CONGRESS 2d Session S. 2928 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.

1.

Short title

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

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.

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.

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.