[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 136 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 136

         To establish requirements with respect to bisphenol A.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

Mr. Reid (for Mrs. Feinstein (for herself, Mr. Schumer, Mr. Kerry, Mr. 
  Sanders, and Mr. Franken)) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
         To establish requirements with respect to bisphenol A.

    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 
2011''.

SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A.

    (a) Ban on Use of Bisphenol A in Food and Beverage Containers for 
Children.--
            (1) Baby food; unfilled baby bottles and cups.--Section 402 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is 
        amended by adding at the end the following:
    ``(j)(1) If it is a food intended for children 3 years of age or 
younger, the container of which (including the lining of such 
container) is composed, in whole or in part, of bisphenol A.
    ``(2) If it is a baby bottle or cup that is composed, in whole or 
in part, of bisphenol A.''.
            (2) Definition.--Section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321) is amended by adding at the end 
        the following:
    ``(rr) Baby Bottle or Cup.--For purposes of section 402(j), the 
term `baby bottle or cup' means a bottle or cup that--
            ``(1) is intended to aid in the feeding or providing of 
        drink to children 3 years of age or younger; and
            ``(2) does not contain a food when such bottle or cup is 
        sold or distributed at retail.''.
            (3) Effective dates.--
                    (A) Baby food.--Section 402(j)(1) of the Federal 
                Food, Drug, and Cosmetic Act, as added by paragraph 
                (1), shall take effect 1 year after the date of 
                enactment of this Act.
                    (B) Unfilled baby bottles and cups.--Section 
                402(j)(2) of the Federal Food, Drug, and Cosmetic Act, 
                as added by paragraph (1), shall take effect 180 days 
                after the date of enactment of this Act.
    (b) Ban on Use of Bisphenol A in Infant Formula Containers.--
            (1) In general.--Section 412(a) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 350a(a)) is amended--
                    (A) in paragraph (2), by striking ``, or'' and 
                inserting ``,'';
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``, or''; and
                    (C) by adding at the end the following:
            ``(4) the container of such infant formula (including the 
        lining of such container and, in the case of infant formula 
        powder, excluding packaging on the outside of the container 
        that does not come into contact with the infant formula powder) 
        is composed, in whole or in part, of bisphenol A.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect 18 months after the date of enactment of this 
        Act.
    (c) Regulation of Other Containers Composed of Bisphenol A.--
            (1) Safety assessment of products composed of bpa.--Not 
        later than December 1, 2012, the Secretary of Health and Human 
        Services (referred to in this Act as the ``Secretary'') shall 
        issue a revised safety assessment for food containers composed, 
        in whole or in part, of bisphenol A, taking into consideration 
        different types of such food containers and the use of such 
        food containers with respect to different foods, as 
        appropriate.
            (2) Safety standard.--Through the safety assessment 
        described in paragraph (1), and taking into consideration the 
        requirements of section 409 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21, 
        Code of Federal Regulations, the Secretary shall determine 
        whether there is a reasonable certainty that no harm will 
        result from aggregate exposure to bisphenol A through food 
        containers or other items composed, in whole or in part, of 
        bisphenol A, taking into consideration potential adverse 
        effects from low dose exposure, and the effects of exposure on 
        vulnerable populations, including pregnant women, infants, 
        children, the elderly, and populations with high exposure to 
        bisphenol A.
            (3) Application of safety standard to alternatives.--The 
        Secretary shall use the safety standard described under 
        paragraph (2) to evaluate the proposed uses of alternatives to 
        bisphenol A.
    (d) Savings Provision.--Nothing in this section 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 section or that--
            (1) applies to a product category not described in this 
        section; or
            (2) requires the provision of a warning of risk, illness, 
        or injury associated with the use of food containers composed, 
        in whole or in part, of bisphenol A.
    (e) Definition.--For purposes of this section, the term 
``container'' includes the lining of a container.
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