II 

117TH CONGRESS 

1ST SESSION S. 2669 

To ban the use of ortho-phthalate chemicals as food contact substances. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2021 

Mrs. FEINSTEIN (for herself and Mrs. GILLIBRAND) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To ban the use of ortho-phthalate chemicals as food contact 

substances. 

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 ‘‘Preventing Harmful 

5 Exposure to Phthalates Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) Prenatal exposures to phthalates can do 

9 lasting harm to child brain development and increase 


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1 children’s risks for learning, attention, and behavior 

2 disorders. 

3 (2) Pregnant women’s exposures to phthalates, 

4 which are known to decrease fetal testosterone, can 

5 harm reproductive tract development in male babies 

6 which may have lifelong consequences. 

7 (3) Phthalates that are used in food production 

8 materials have been shown to leach into food from 

9 plastic equipment, such as tubing used in commer10 cial dairy operations, lid gaskets, food preparation 

11 gloves, conveyor belts, and food packaging materials. 

12 (4) Exposure to phthalates can come from mul13 tiple sources simultaneously, including food and food 

14 contact substances and other products. Therefore, 

15 assessing risks from individual phthalates may un16 derestimate the health risks from exposure to mix17 tures of phthalates. 

18 (5) Research shows that women have higher ex19 posure to phthalates found in personal care products 

20 than men. 

21 (6) Studies have shown that Black and Latina 

22 women have higher exposure to certain phthalates 

23 compared with White women. 

24 (7) In a nationally representative sample, Black 

25 women had higher exposures to a real-world mixture 


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1 of hormonally-active phthalates compared to White 

2 women. 

3 SEC. 3. PROHIBITION ON USE OF ORTHO-PHTHALATE 

4 CHEMICALS AS FOOD CONTACT SUBSTANCES, 

5 INCLUDING FOOD PACKAGING MATERIALS. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, effective on the date that is 2 years after the 

8 date of enactment of this Act— 

9 (1) the use of any ortho-phthalate chemical as 

10 a food contact substance shall be deemed to be un11 safe for the purposes of the application of clause 

12 (2)(C) of section 402(a) of the Federal Food, Drug, 

13 and Cosmetic Act (21 U.S.C. 342(a)); 

14 (2) any regulation previously issued under sec15 tion 409 of such Act (21 U.S.C. 348) prescribing 

16 the conditions under which any ortho-phthalate 

17 chemical may be safely used as a food contact sub18 stance shall have no force or effect; and 

19 (3) the Secretary of Health and Human Serv20 ices (referred to in this Act as the ‘‘Secretary’’) shall 

21 object to any notification of an intended use of an 

22 ortho-phthalate chemical as a food contact substance 

23 submitted under section 409(h)(1) of such Act, and 

24 may not issue regulations prescribing any conditions 


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1 under which any ortho-phthalate chemical may be 

2 safely used as a food contact substance. 

3 (b) ALTERNATIVE SUBSTANCES.—Notwithstanding 

4 any other provision of law, beginning on the date that is 

5 2 years after the date of enactment of this Act, in acting 

6 in response to any petition under section 409 of the Fed7 eral Food, Drug, and Cosmetic Act (21 U.S.C. 348) to 

8 establish safety with respect to a food contact substance 

9 that the Secretary determines to be an alternative to an 

10 ortho-phthalate chemical, in addition to the criteria under 

11 subsection (c) of such section 409, the Secretary shall con12 sider potential adverse effects of exposure to the substance 

13 on vulnerable populations, including pregnant women, in14 fants, children, the elderly, and populations with high ex15 posure, including workers who are exposed through pro16 duction practices or handling of final products. 

17 SEC. 4. FDA REVIEW OF PRODUCTS. 

18 (a) IN GENERAL.—The Secretary shall— 

19 (1) conduct a review of products other than 

20 food that is subject to regulation by the Food and 

21 Drug Administration to determine whether such 

22 products lead to exposure of the general public to 

23 any ortho-phthalate chemical through use of such 

24 products; and 


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1 (2) not later than 1 year after the date of en2 actment of this Act, issue a report on the findings 

3 of such review, to be made available to the public on 

4 the website of the Department of Health and 

5 Human Services. 

6 (b) CONSIDERATIONS.—In conducting the review 

7 under subsection (a), the Secretary shall consider dis8 proportionate exposure of products containing an ortho9 phthalate chemical to members of communities of color 

10 and the health effects of such exposure to members of 

11 such communities, including any increased risk of preterm 

12 birth, low birth weight, or other risks to children’s health. 

Æ 


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