II 

112TH CONGRESS 

1ST SESSION S. 136 

To establish requirements with respect to bisphenol A. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. REID (for Mrs. FEINSTEIN (for herself, Mr. SCHUMER, Mr. KERRY, Mr. 

SANDERS, and Mr. FRANKEN)) introduced the following bill; which was 

read twice and referred to the Committee on Health, Education, Labor, 

and Pensions 

A BILL 

To establish requirements with respect to bisphenol A. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ban Poisonous Addi5 tives Act of 2011’’. 

6 SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A. 

7 (a) BAN ON USE OF BISPHENOL A IN FOOD AND

8 BEVERAGE CONTAINERS FOR CHILDREN.— 

9 (1) BABY FOOD; UNFILLED BABY BOTTLES AND

10 CUPS.—Section 402 of the Federal Food, Drug, and 


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1 Cosmetic Act (21 U.S.C. 342) is amended by adding 

2 at the end the following: 

3 ‘‘(j)(1) If it is a food intended for children 3 years 

4 of age or younger, the container of which (including the 

5 lining of such container) is composed, in whole or in part, 

6 of bisphenol A. 

7 ‘‘(2) If it is a baby bottle or cup that is composed, 

8 in whole or in part, of bisphenol A.’’. 

9 (2) DEFINITION.—Section 201 of the Federal 

10 Food, Drug, and Cosmetic Act (21 U.S.C. 321) is 

11 amended by adding at the end the following: 

12 ‘‘(rr) BABY BOTTLE OR CUP.—For purposes of sec13 tion 402(j), the term ‘baby bottle or cup’ means a bottle 

14 or cup that— 

15 ‘‘(1) is intended to aid in the feeding or pro16 viding of drink to children 3 years of age or young17 er; and 

18 ‘‘(2) does not contain a food when such bottle 

19 or cup is sold or distributed at retail.’’. 

20 (3) EFFECTIVE DATES.— 

21 (A) BABY FOOD.—Section 402(j)(1) of the 

22 Federal Food, Drug, and Cosmetic Act, as 

23 added by paragraph (1), shall take effect 1 year 

24 after the date of enactment of this Act. 


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1 (B) UNFILLED BABY BOTTLES AND

2 CUPS.—Section 402(j)(2) of the Federal Food, 

3 Drug, and Cosmetic Act, as added by para4 graph (1), shall take effect 180 days after the 

5 date of enactment of this Act. 

6 (b) BAN ON USE OF BISPHENOL A IN INFANT FOR7 MULA CONTAINERS.— 

8 (1) IN GENERAL.—Section 412(a) of the Fed9 eral Food, Drug, and Cosmetic Act (21 U.S.C. 

10 350a(a)) is amended— 

11 (A) in paragraph (2), by striking ‘‘, or’’ 

12 and inserting ‘‘,’’; 

13 (B) in paragraph (3), by striking the pe14 riod at the end and inserting ‘‘, or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(4) the container of such infant formula (in17 cluding the lining of such container and, in the case 

18 of infant formula powder, excluding packaging on 

19 the outside of the container that does not come into 

20 contact with the infant formula powder) is com21 posed, in whole or in part, of bisphenol A.’’. 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by paragraph (1) shall take effect 18 months after 

24 the date of enactment of this Act. 


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1 (c) REGULATION OF OTHER CONTAINERS COMPOSED

2 OF BISPHENOL A.— 

3 (1) SAFETY ASSESSMENT OF PRODUCTS COM4 POSED OF BPA.—Not later than December 1, 2012, 

5 the Secretary of Health and Human Services (re6 ferred to in this Act as the ‘‘Secretary’’) shall issue 

7 a revised safety assessment for food containers com8 posed, in whole or in part, of bisphenol A, taking 

9 into consideration different types of such food con10 tainers and the use of such food containers with re11 spect to different foods, as appropriate. 

12 (2) SAFETY STANDARD.—Through the safety 

13 assessment described in paragraph (1), and taking 

14 into consideration the requirements of section 409 of 

15 the Federal Food, Drug, and Cosmetic Act (21 

16 U.S.C. 348) and section 170.3(i) of title 21, Code of 

17 Federal Regulations, the Secretary shall determine 

18 whether there is a reasonable certainty that no harm 

19 will result from aggregate exposure to bisphenol A 

20 through food containers or other items composed, in 

21 whole or in part, of bisphenol A, taking into consid22 eration potential adverse effects from low dose expo23 sure, and the effects of exposure on vulnerable popu24 lations, including pregnant women, infants, children, 


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1 the elderly, and populations with high exposure to 

2 bisphenol A. 

3 (3) APPLICATION OF SAFETY STANDARD TO AL4 TERNATIVES.—The Secretary shall use the safety 

5 standard described under paragraph (2) to evaluate 

6 the proposed uses of alternatives to bisphenol A. 

7 (d) SAVINGS PROVISION.—Nothing in this section 

8 shall affect the right of a State, political subdivision of 

9 a State, or Indian Tribe to adopt or enforce any regula10 tion, requirement, liability, or standard of performance 

11 that is more stringent than a regulation, requirement, li12 ability, or standard of performance under this section or 

13 that— 

14 (1) applies to a product category not described 

15 in this section; or 

16 (2) requires the provision of a warning of risk, 

17 illness, or injury associated with the use of food con18 tainers composed, in whole or in part, of bisphenol 

19 A. 

20 (e) DEFINITION.—For purposes of this section, the 

21 term ‘‘container’’ includes the lining of a container. 

Æ 


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