1.This Act may be cited as the
Ban Poisonous Additives Act of
2009
.
2.Ban on use of
bisphenol A in food and beverage containers
(a)Treatment of
bisphenol A as adulterating the food or beverageFor 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)
(1)
(A)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)Subsection
(a) shall apply to reusable food containers on the date that is 180 days after
the date of enactment of this Act.
(2)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)
(1)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)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)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)
(A)Any waiver granted under paragraph (1) shall be valid for
not longer than 1 year after the applicable effective date in subsection
(b).
(B)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)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)In conducting the review described in paragraph (1), the
Secretary shall provide public notice and opportunity for comment.
(3)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)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)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.
3.Amendments to
section 409 of the Federal Food, Drug, and Cosmetic ActSubsection (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 man
or animal.
; 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.
.