US Jurisdictions Introduce Bills to Prohibit BPA in Certain Consumer Products

Since the start of 2019, several jurisdictions in the US have introduced bills to regulate bisphenol A (BPA), or BPA-analogues, in some consumer goods. The range of affected consumer products includes childcare articles, food containers for young children, paper and toys.

The jurisdictions, scope and effective dates are:
• Hawaii - HB 139 (HD1) ‘Toxin-Free Keiki Act’
o Reusable food/drink containers for children under 3, January 1, 2021
• Illinois - HB 2076
o Paper for business or banking records, date upon becoming law
• New York - S1076
o Toys for children under three years old, December 1, 2019
o Cans or other containers containing liquid, food or beverage for children three years of age or younger, December 1, 2020
• New York - S3056
o Childcare products for children aged three and under, December 31, 2021
HB 139 (HD1), HB 2076 and S1076 prohibit the use of BPA, HB 2076 also includes the use of other carcinogenic chemicals. S3026, as the companion to A3591 – ‘Bisphenol Free Children and Babies Act’ – prohibits bisphenol AF (BPAF), bisphenol AP (BPAP), bisphenol B (BPB), bisphenol F (BPF), bisphenol S (BPS) and bisphenol Z (BPZ).

BPA has estrogenic hormone-like properties and is known to affect brain development. These effects are particularly damaging in fetuses, babies and young children, especially in relation to food contact materials aimed at these age groups. Studies have shown that BPA can be released into foods and beverages, for example when boiling water is added to formula milk in baby bottles.

The new bills are the latest attempts to regulate BPA in the US. Since 2009, several jurisdictions have regulated BPA in consumer products, especially in relation to food contact materials and articles (FCM) for young children. Suffolk County in New York state was the first in 2009, when it regulated BPA in beverage containers for children under three.

Jurisdictions include: Federal Government, Albany County (New York), California, City of Chicago (Illinois), Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Multnomah County (Oregon), Nevada, New York, Rockland County (New York), Schenectady County (New York), Vermont, Washington, Washington DC and Wisconsin.

Stakeholders should also be aware reporting rules for BPA in children’s products exist in the following states:
• Maine: Toxic Chemicals in Children’s Products
• Oregon: ORS § 431A.253 to § 431A.280 (High Priority Chemicals of Concern for Children’s Health, (HPCCCH)
• Vermont: 18 V.S.A. Chapter 38A (Chemicals of High Concern to Children (CHCC)
• Washington: RCW Chapter 70.240 (Children’s Safe Products Act (CSPA), Chemicals of High Concern to Children (CHCC)

SGS Food Contact Material Services
SGS’s technical experts have extensive experience of testing materials and articles in contact with food. Utilizing their global network of laboratories, they can ensure that your products meet the appropriate regulations for food contact materials, including those for BPA, and pave the way for compliance. Learn more about SGS’s Food Contact Material Services. [http://www.sgs.com/fcm]

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full USA Legislation Updates: BPA in Consumer Products SafeGuardS. [www.sgs.com/en/news/2019/02/safeguards-02219-usa-legislation-updates-bpa-in-consumer-products]

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For further information contact:

Hingwo Tsang
Global Information and Innovation Manager
Tel:(+852) 2774 7420
Email: crs.media@sgs.com
Website: www.sgs.com/cgnr

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