Bill Text - HB1182 (2012)

Prohibiting the sale of baby food products containing bisphenol A in New Hampshire.


Revision: Dec. 14, 2011, midnight

HB 1182 – AS INTRODUCED

2012 SESSION

12-2476

05/01

HOUSE BILL 1182

AN ACT prohibiting the sale of baby food products containing bisphenol A in New Hampshire.

SPONSORS: Rep. B. Murphy, Rock 18; Rep. Notter, Hills 19; Rep. Antosz, Rock 9; Rep. Ward, Rock 13

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill prohibits the manufacture and sale of certain baby food products with bisphenol A in the state of New Hampshire.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2476

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT prohibiting the sale of baby food products containing bisphenol A in New Hampshire.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Regulating Use of Bisphenol A. Amend RSA by inserting after chapter 359-L the following new chapter:

CHAPTER 359-M

REGULATING USE OF BISPHENOL A

359-M:1 Definitions. In this chapter:

I. “Baby food” means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children 2 years of age or younger and that is commercially available.

II. “Bisphenol A” means a chemical compound having a chemical formula of C15H16O2 and a CAS RN (Chemical Abstract Service Registry Number) of 80-05-7.

III. “Infant formula” means a milk-based or soy-based powder, concentrated liquid, or ready-to-feed substitute for human breast milk that is intended for infant consumption and that is commercially available.

IV. “Reusable baby food or beverage container” means a receptacle for storing baby food or beverages, including baby bottles and spill-proof cups.

359-M:2 Manufacture and Sale of Bisphenol A Prohibited.

I. Beginning January 1, 2013, no person or entity shall manufacture, sell, or distribute in commerce in this state any reusable baby food or beverage container containing bisphenol A.

II. Beginning January 1, 2013, no person or entity shall manufacture, sell, or distribute in commerce in this state any infant formula or baby food stored in a plastic container, can or jar that contains bisphenol A.

III. Manufacturers shall use the least toxic alternative when replacing bisphenol A in accordance with this chapter.

IV. Manufacturers shall not replace bisphenol A, pursuant to this chapter, with carcinogens rated by the United States Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA’s “List of Chemicals Evaluated for Carcinogenic Potential” as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.

V. Manufacturers shall not replace bisphenol A, pursuant to this chapter, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.

2 Effective Date. This act shall take effect 60 days after its passage.

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