New Jersey bill would bar BPA in children’s food containers

The New Jersey state assembly has introduced a bill to ban the use of bisphenol A (BPA) across the state in food and beverage containers intended for children age four or younger.

Products covered by Assembly Bill 3779, the Child Food and Beverage Packaging Act, include, but are not limited to, baby bottles, spill-proof cups and resealable containers. The bill says the health hazards posed by exposure to endocrine disrupting chemicals such a BPA, particularly prenatally and for young children, make it of public interest to prohibit BPA in such products.

The bill, which is sponsored by Assemblywoman Pamela R Lampitt (NJ-District 6) and Assembleyman Troy Singleton (NJ-District 7), specifies that in products covered by the law, BPA must be replaced with the “least toxic alternative” and that BPA cannot be replaced by any substance classified by the US Environmental Protection Agency (EPA) as a group A, B or C carcinogen, or by one that causes birth defects, developmental or reproductive harm as identified by the EPA.

The law’s sales prohibitions would become effective seven months after the bill's enactment. Retailers would be allowed to apply to the state Department of Consumer Affairs for a waiver enabling them to sell existing stock of applicable products for up to six months after the law becomes effective. Violators would be subject to the New Jersey consumer fraud act and liable for a penalty of up to $10,000 for the first offence, and up to $20,000 for the second and each subsequent offence.

A dozen other US states have previously enacted bills to restrict use of BPA, particularly in food contact products intended for children. More such legislation is expected in 2013 (CW 25 January 2013). Several similar bills were introduced by the New Jersey assembly in 2012, but have not yet been voted on.

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