1.This Act may be cited as the
Ban Poisonous Additives Act of
2011
.
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 cupsSection 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)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)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)
(A)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 cupsSection 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)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)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 BPANot 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)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 alternativesThe Secretary shall use the
safety standard described under paragraph (2) to evaluate the proposed uses of
alternatives to bisphenol A.
(d)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)For
purposes of this section, the term container includes the lining
of a container.