On 28 August, U.S. Committee on Energy and Commerce came up with H.R.6269 - the Ban Poisonous Additives Act of 2016 for purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)). The bill would ban a food container that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food.

It would apply to reusable food containers, as well as any food container packed with food and destined for interstate commerce on the date that is 180 days after the date of enactment of this Act.

A waiver provision would allow the continued use of BPA upon demonstration that it is not technologically feasible to replace it, and with submission of a timeline for removing the substance. Such products would be subject to labelling requirements. The waiver shall be valid for no longer than one year since its applicability, provided that the Secretary reaffirms that it is not technologically feasible to replace bisphenol A in such type of container or containers for such particular food product or products or use an alternative container that does not contain bisphenol A for such particular food product or products.

Not later than 1 year after the date of enactment of this Act and not less than once every 3 years thereafter, the Secretary shall review food additives, effective FCM notifications and substances that are generally recognized as safe.

C&K Testing advises businesses to deal with due care.

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