[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1523 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1523

    To ban the use of bisphenol A in food containers, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2009

 Mr. Markey of Massachusetts (for himself and Ms. Baldwin) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
    To ban the use of bisphenol A in food containers, and for other 
                               purposes.

    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 ``Ban Poisonous Additives Act of 
2009''.

SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEVERAGE CONTAINERS.

    (a) Treatment of Bisphenol A as Adulterating the Food or 
Beverage.--For purposes of applying section 402(a)(6) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container 
(which for purposes of this Act includes a beverage container) that is 
composed, in whole or in part, of bisphenol A, or that can release 
bisphenol A into food (as defined for purposes of the Federal Food, 
Drug, and Cosmetic Act), shall be treated as a container described in 
such section (relating to containers composed, in whole or in part, of 
a poisonous or deleterious substance which may render the contents 
injurious to health).
    (b) Effective Dates.--
            (1) Reusable food containers.--
                    (A) Definition.--In this Act, the term ``reusable 
                food container'' means a reusable food container that 
                does not contain a food item when it is introduced or 
                delivered for introduction into interstate commerce.
                    (B) Applicability.--Subsection (a) shall apply to 
                reusable food containers on the date that is 180 days 
                after the date of enactment of this Act.
            (2) Other food containers.--Subsection (a) shall apply to 
        food containers that are packed with a food and introduced or 
        delivered for introduction into interstate commerce on or after 
        the date that is 180 days after the date of enactment of this 
        Act.
    (c) Waiver.--
            (1) In general.--The Secretary of Health and Human Services 
        (referred to in this Act as the ``Secretary''), after public 
        notice and opportunity for comment, may grant to any facility 
        (as that term is defined in section 415 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 350d)) a waiver of the 
        treatment described in subsection (a) for a certain type of 
        food container, as used for a particular food product, if such 
        facility--
                    (A) demonstrates that it is not technologically 
                feasible to replace bisphenol A in such type of 
                container for such particular food product; and
                    (B) submits to the Secretary a plan and timeline 
                for removing bisphenol A from such type of container 
                for that food product.
            (2) Applicability.--A waiver granted under paragraph (1) 
        shall constitute a waiver of the treatment described in 
        subsection (a) for any facility that manufactures, processes, 
        packs, holds, or sells the particular food product for which 
        the waiver was granted.
            (3) Labeling.--Any product for which the Secretary grants 
        such a waiver shall display a prominent warning on the label 
        that the container contains bisphenol A, in a manner that the 
        Secretary shall require, which manner shall ensure adequate 
        public awareness of potential health effects associated with 
        bisphenol A.
            (4) Duration.--
                    (A) Initial waiver.--Any waiver granted under 
                paragraph (1) shall be valid for not longer than 1 year 
                after the applicable effective date in subsection (b).
                    (B) Renewal of waiver.--The Secretary may renew any 
                waiver granted under subparagraph (A) for a period of 
                not more than 1 year.
    (d) List of Substances That Are Generally Recognized as Safe.--
            (1) Review.--The Secretary, acting through the Commissioner 
        of Food and Drugs, shall, not later than 1 year after enactment 
        of this Act and not less than once every 5 years thereafter, 
        review--
                    (A) the substances that are generally recognized as 
                safe, listed in part 182 of title 21, Code of Federal 
                Regulations (or any successor regulations);
                    (B) the direct food substances affirmed as 
                generally recognized as safe, listed in part 184 of 
                title 21, Code of Federal Regulations (or any successor 
                regulations); and
                    (C) the indirect food substances affirmed as 
                generally recognized as safe, listed in part 186 of 
                title 21, Code of Federal Regulations (or any successor 
                regulations).
            (2) Public comment.--In conducting the review described in 
        paragraph (1), the Secretary shall provide public notice and 
        opportunity for comment.
            (3) Remedial action.--If, after conducting the review 
        described in paragraph (1), the Secretary determines that, with 
        regard to a substance listed in such part 182, 184, or 186, new 
        scientific evidence, including scientific evidence showing that 
        the substance causes reproductive or developmental toxicity in 
        humans or animals, supports--
                    (A) banning a substance;
                    (B) altering the conditions under which a substance 
                may be introduced into interstate commerce; or
                    (C) imposing restrictions on the types of products 
                for which the substance may be used,
        the Secretary shall remove such substance from the list of 
        substances, direct food substances, or indirect food substances 
        generally recognized as safe, as appropriate, and shall take 
        other remedial action, as necessary.
            (4) Definition.--In this Act, the term ``reproductive or 
        developmental toxicity'' has the meaning given such term in 
        section 409(h)(6) of the Federal Food, Drug, and Cosmetic Act, 
        as amended by section 3.
    (e) Savings Provision.--Nothing in this Act shall affect the right 
of a State, political subdivision of a State, or Indian tribe to adopt 
or enforce any regulation, requirement, liability, or standard of 
performance that is more stringent than a regulation, requirement, 
liability, or standard of performance under this Act or that--
            (1) applies to a product category not described in this 
        Act; or
            (2) requires the provision of a warning of risk, illness, 
        or injury associated with the use of food containers composed 
        of bisphenol A.

SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL FOOD, DRUG, AND 
              COSMETIC ACT.

    Subsection (h) of section 409 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 348(h)(1)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``manufacturer or supplier for a 
                food contact substance may'' and inserting 
                ``manufacturer or supplier for a food contact substance 
                shall'';
                    (B) by inserting ``(A)'' after ``notify the 
                Secretary of'';
                    (C) by striking ``, and of'' and inserting ``; 
                (B)''; and
                    (D) by striking the period after ``subsection 
                (c)(3)(A)'' and inserting ``; (C) the determination of 
                the manufacturer or supplier that no adverse health 
                effects result from low dose exposures to the food 
                contact substance; and (D) the determination of the 
                manufacturer or supplier that the substance has not 
                been shown, after tests which are appropriate for the 
                evaluation of the safety of food contact substances, to 
                cause reproductive or developmental toxicity in humans 
                or animals.''; and
            (2) by striking paragraph (6) and inserting the following:
            ``(6) In this section--
                    ``(A) the term `food contact substance' means any 
                substance intended for use as a component of materials 
                used in manufacturing, packing, packaging, 
                transporting, or holding food if such use is not 
                intended to have any technical effect in such food; and
                    ``(B) the term `reproductive or developmental 
                toxicity' means biologically adverse effects on the 
                reproductive systems of female or male humans or 
                animals, including alterations to the female or male 
                reproductive system development, the related endocrine 
                system, fertility, pregnancy, pregnancy outcomes, or 
                modifications in other functions that are dependent on 
                the integrity of the reproductive system.''.
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