I 

113TH CONGRESS 

2D SESSION H. R. 5033 

To ban the use of bisphenol A in food containers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2014 

Mrs. CAPPS (for herself, Ms. MENG, Mr. FARR, Ms. TSONGAS, Mr. ELLISON, 

Mrs. CAROLYN B. MALONEY of New York, Mr. NADLER, Mr. GRIJALVA, 

Mr. MORAN, Ms. SLAUGHTER, Ms. DELAURO, Mr. BLUMENAUER, and 

Ms. SPEIER) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To ban the use of bisphenol A in food containers, and for 

other purposes. 

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 2014’’. 

6 SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEV7 ERAGE CONTAINERS. 

8 (a) TREATMENT OF BISPHENOL A AS ADULTER9 ATING THE FOOD OR BEVERAGE.— 


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1 (1) IN GENERAL.—For purposes of applying 

2 section 402(a)(6) of the Federal Food, Drug, and 

3 Cosmetic Act (21 U.S.C. 342(a)(6)), a food con4 tainer (which for purposes of this Act includes a 

5 beverage container) that is composed, in whole or in 

6 part, of bisphenol A, or that can release bisphenol 

7 A into food (as defined for purposes of the Federal 

8 Food, Drug, and Cosmetic Act), shall be treated as 

9 a container described in such section (relating to 

10 containers composed, in whole or in part, of a poi11 sonous or deleterious substance which may render 

12 the contents injurious to health). 

13 (2) APPLICABILITY.— 

14 (A) REUSABLE FOOD CONTAINERS.—Para15 graph (1) shall apply to reusable food con16 tainers on the date that is 180 days after the 

17 date of enactment of this Act. 

18 (B) OTHER FOOD CONTAINERS.—Para19 graph (1) shall apply to any food container that 

20 is packed with food and is introduced or deliv21 ered for introduction into interstate commerce 

22 on or after the date that is 180 days after the 

23 date of enactment of this Act. 

24 (b) WAIVER.— 


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1 (1) IN GENERAL.—The Secretary, after public 

2 notice and opportunity for comment, may grant to 

3 any facility (as that term is defined in section 415 

4 of the Federal Food, Drug, and Cosmetic Act (21 

5 U.S.C. 350d)) that manufactures, processes, packs, 

6 holds, or sells the particular food product or prod7 ucts, a waiver of the treatment described in sub8 section (a). 

9 (2) APPLICABILITY.—A waiver granted to a fa10 cility under paragraph (1) may only be applicable to 

11 a certain type of food container or containers, as 

12 used for a particular food product or group of simi13 lar products containing similar foods. 

14 (3) REQUIREMENT FOR WAIVER.—The Sec15 retary may only grant a waiver under paragraph (1) 

16 to a facility, if such facility— 

17 (A) demonstrates that it is not techno18 logically feasible to— 

19 (i) replace bisphenol A in the certain 

20 type of container or containers for such 

21 particular food product or products; or 

22 (ii) use an alternative container that 

23 does not contain bisphenol A for such par24 ticular food product or products; and 


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1 (B) submits to the Secretary a plan and 

2 timeline for removing bisphenol A from such 

3 type of container or containers for that food 

4 product or products. 

5 (4) LABELING.— 

6 (A) IN GENERAL.—Any product for which 

7 the Secretary grants such a waiver shall display 

8 a prominent warning on the label that the con9 tainer contains bisphenol A that states, 

10 ‘‘bisphenol A (BPA) is a chemical that can 

11 leach into food and may harm prenatal develop12 ment and the health of children and adults’’. 

13 (B) ADDITIONAL REQUIREMENT.—The 

14 prominent warning required under subpara15 graph (A) shall include information to ensure 

16 adequate public awareness of potential health 

17 effects associated with bisphenol A. 

18 (5) DURATION.— 

19 (A) INITIAL WAIVER.—Any waiver granted 

20 under paragraph (1) to a facility for a food con21 tainer or containers shall be valid for not longer 

22 than 1 year after the date on which subsection 

23 (a) is applicable to such food container or con24 tainers. 


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1 (B) RENEWAL OF WAIVER.—The Secretary 

2 may renew any waiver granted under paragraph 

3 (1) for periods of not more than 1 year, pro4 vided that the Secretary reaffirms that it is not 

5 technologically feasible to replace bisphenol A in 

6 such type of container or containers for such 

7 particular food product or products or use an 

8 alternative container that does not contain 

9 bisphenol A for such particular food product or 

10 products. 

11 (c) SUBSTANCES USED TO REPLACE BISPHENOL

12 A.—The Secretary shall, to the extent possible, promote, 

13 facilitate, and incentivize the use of safer alternatives to 

14 replace bisphenol A, and as such bisphenol A shall not 

15 be replaced in food containers with substances that— 

16 (1) are known or are likely human carcinogens; 

17 (2) have been found by the Environmental Pro18 tection Agency to be persistent, bioaccumulative, and 

19 toxic; 

20 (3) cause reproductive or developmental tox21 icity; or 

22 (4) are endocrine disrupting chemicals. 

23 (d) REEXAMINATION OF APPROVED FOOD ADDI24 TIVES, EFFECTIVE FOOD CONTACT SUBSTANCE NOTIFIVerDate Mar 15 2010 23:53 Jul 10, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5033.IH H5033

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1 CATIONS, AND SUBSTANCES THAT ARE GENERALLY REC2 OGNIZED AS SAFE.— 

3 (1) PLAN AND SCHEDULE.—Not later than 1 

4 year after the date of enactment of this Act, after 

5 opportunity for comment, the Secretary, acting 

6 through the Commissioner of Food and Drugs shall 

7 publish a plan and schedule for the selection of sub8 stances under paragraph (2) and the review of sub9 stances under paragraph (5). 

10 (2) SELECTION OF SUBSTANCES.—Not later 

11 than 1 year after the date of enactment of this Act 

12 and not less than once every 3 years thereafter, the 

13 Secretary, acting through the Commissioner of Food 

14 and Drugs, shall, based on the factors under para15 graph (4), select substances to review under para16 graph (5). Such selection shall be made from 

17 among— 

18 (A) substances authorized as a food addi19 tive under any regulations issued under section 

20 409 of the Federal Food, Drug, and Cosmetic 

21 Act (21 U.S.C. 348); 

22 (B) substances that are the subject of any 

23 sanction or approval as described in section 

24 201(s)(4) of the Federal Food, Drug, and Cos25 metic Act (21 U.S.C. 321(s)(4)); 


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1 (C) substances that are the subject of an 

2 effective food contact substance notification, as 

3 described in section 409(h) of the Federal 

4 Food, Drug, and Cosmetic Act (21 U.S.C. 

5 348(h)); 

6 (D) substances that are generally recog7 nized as safe, as listed in part 182 of title 21, 

8 Code of Federal Regulations (or any successor 

9 regulations); 

10 (E) direct food substances affirmed as gen11 erally recognized as safe, as listed in part 184 

12 of title 21, Code of Federal Regulations (or any 

13 successor regulations); and 

14 (F) indirect food substances affirmed as 

15 generally recognized as safe, as listed in part 

16 186 of title 21, Code of Federal Regulations (or 

17 any successor regulations). 

18 (3) NOTICE AND COMMENT.—The selection of 

19 substances under paragraph (2) shall be subject to 

20 notice and comment. 

21 (4) PRIORITIES.—In selecting substances under 

22 paragraph (2), the Secretary shall take into consid23 eration the following factors: 

24 (A) Whether, based on new scientific infor25 mation, the Secretary determines that there is 


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1 a possibility that there is no longer a reasonable 

2 certainty that no harm will result from aggre3 gate exposure to such substance through food 

4 containers composed, in whole or in part, of 

5 such substance, taking into consideration— 

6 (i) potential adverse effects from low 

7 dose exposure; and 

8 (ii) the effects of exposure on vulner9 able human populations. 

10 (B) Whether, since the introduction of 

11 such substance into interstate commerce, there 

12 has been a significant increase in the amount of 

13 such substance found in— 

14 (i) sources of drinking water; or 

15 (ii) products that are likely to be used 

16 by vulnerable human populations. 

17 (C) Whether such substance has been ap18 proved by the Food and Drug Administration to 

19 be used in the lining of canned food. 

20 (5) REVIEW OF SUBSTANCES AND SECRETARIAL

21 DETERMINATION.— 

22 (A) IN GENERAL.—Not later than 1 year 

23 after the date on which a substance is selected 

24 under paragraph (2), the Secretary shall deter25 mine whether there is a reasonable certainty 


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1 that no harm will result from aggregate expo2 sure to such substance, taking into consider3 ation— 

4 (i) potential adverse effects from low 

5 dose exposure; and 

6 (ii) the effects of exposure on vulner7 able human populations. 

8 (B) NOTICE AND COMMENT.—The deter9 mination made under subparagraph (A) shall be 

10 subject to notice and comment. 

11 (6) REMEDIAL ACTION.— 

12 (A) IN GENERAL.—Upon a determination 

13 under paragraph (5) that there is not a reason14 able certainty that no harm will result from ag15 gregate exposure to a substance through food 

16 containers composed, in whole or in part, of 

17 such substance— 

18 (i) if the substance is not defined as 

19 a food contact substance under the Federal 

20 Food, Drug, and Cosmetic Act, the sub21 stance shall be subject to subsections 

22 (a)(3) and (h) of section 409 of the Fed23 eral Food, Drug, and Cosmetic Act (21 

24 U.S.C. 348(a)(3) and (h)), subject to the 

25 process under subparagraph (B); 


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1 (ii) if the substance is defined as a 

2 food contact substance under the Federal 

3 Food, Drug, and Cosmetic Act (21 U.S.C. 

4 301 et seq.), the substance shall be subject 

5 to subparagraph (C); and 

6 (iii) the Secretary shall, to the extent 

7 practicable, promote, facilitate, and 

8 incentivize the use of safer alternatives as 

9 replacements for such substance. 

10 (B) TREATMENT OF SUBSTANCES THAT

11 ARE NOT DEFINED AS FOOD CONTACT SUB12 STANCES.—The process under this subpara13 graph is as follows: 

14 (i) One year after the determination 

15 under paragraph (5) for a substance sub16 ject to the process under this subpara17 graph— 

18 (I) any regulation issued under 

19 section 409 of the Federal Food, 

20 Drug, and Cosmetic Act (21 U.S.C. 

21 348) that authorizes any use of the 

22 substance as a food additive (includ23 ing sections 177.1580, 177.1440, 

24 177.2280, and 175.300(b)(3)(viii) of 

25 title 21, Code of Federal Regulations, 


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1 as in effect on the date of enactment 

2 of this Act); and 

3 (II) any sanction or approval as 

4 described in section 201(s)(4) of such 

5 Act (21 U.S.C. 321(s)(4)) regarding 

6 such substance, 

7 shall be deemed revoked. 

8 (ii) Upon receipt of a food contact no9 tification for a food contact substance con10 taining a substance subject to the process 

11 under this subparagraph, the Secretary 

12 shall review the notification under the au13 thority described in subsections (a)(3) and 

14 (h) of section 409 of the Federal Food, 

15 Drug, and Cosmetic Act (21 U.S.C. 

16 348(a)(3) and (h)). 

17 (C) TREATMENT OF SUBSTANCES DEFINED

18 AS FOOD CONTACT SUBSTANCES.— 

19 (i) One year after the determination 

20 under paragraph (5) for a substance that 

21 is subject to this subparagraph, all effec22 tive notifications for the use of such sub23 stance under the authority described in 

24 subsections (a)(3) and (h) of section 409 

25 of the Federal Food, Drug, and Cosmetic 


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1 Act (21 U.S.C. 348(a)(3) and (h)) shall be 

2 reviewed by the Secretary. 

3 (ii) Upon receipt of a food contact no4 tification for a food contact substance con5 taining a substance that is subject to this 

6 subparagraph, the Secretary shall review 

7 the notification under the authority de8 scribed in subsections (a)(3) and (h) of 

9 section 409 of the Federal Food, Drug, 

10 and Cosmetic Act (21 U.S.C. 348(a)(3) 

11 and (h)). 

12 (e) SAVINGS PROVISION.—Nothing in this Act shall 

13 affect the right of a State, political subdivision of a State, 

14 or Indian tribe to adopt or enforce any regulation, require15 ment, liability, or standard of performance that is more 

16 stringent than a regulation, requirement, liability, or 

17 standard of performance under this Act or that— 

18 (1) applies to a product category not described 

19 in this Act; or 

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

21 illness, or injury associated with the use of food con22 tainers composed, in whole or in part, of bisphenol 

23 A. 

24 (f) DEFINITIONS.—For purposes of this section: 


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1 (1) ENDOCRINE DISRUPTING CHEMICAL.—The 

2 term ‘‘endocrine disrupting chemical’’ means an ex3 ogenous agent that causes adverse effects, such as 

4 by interfering with the production, release, trans5 port, metabolism, binding, action, or elimination of 

6 the natural hormones in the body responsible for the 

7 maintenance of homeostasis and the regulation of 

8 developmental processes. 

9 (2) REUSABLE FOOD CONTAINER.—The term 

10 ‘‘reusable food container’’ means a reusable food 

11 container that does not contain a food item when it 

12 is introduced or delivered for introduction into inter13 state commerce. 

14 (3) SAFER ALTERNATIVE.—The term ‘‘safer al15 ternative’’ means an option, that is safer for humans 

16 and the environment than the existing chemical or 

17 process, including— 

18 (A) chemical or process substitution; 

19 (B) chemical or process re-formulation or 

20 re-design; and 

21 (C) chemical or process elimination or 

22 phase-out. 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Health and Human Services. 


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1 (5) VULNERABLE HUMAN POPULATION.—The 

2 term ‘‘vulnerable human population’’ means a 

3 human population that is subject to the potential for 

4 disproportionate exposure to, or the potential for 

5 disproportionate adverse effect from exposure to, a 

6 chemical substance or mixture, including— 

7 (A) infants, children, and adolescents; 

8 (B) pregnant women; 

9 (C) the elderly; 

10 (D) individuals with preexisting medical 

11 conditions; 

12 (E) workers who may be exposed to chem13 ical substances and mixtures; 

14 (F) residents in communities subject to 

15 disproportionate exposures; and 

16 (G) members of any other appropriate pop17 ulation identified by the Secretary. 

18 SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL 

19 FOOD, DRUG, AND COSMETIC ACT. 

20 Section 409(h) of the Federal Food, Drug, and Cos21 metic Act (21 U.S.C. 348(h)) is amended— 

22 (1) in paragraph (1)— 

23 (A) by striking ‘‘manufacturer or supplier 

24 of a food contact substance may’’ and inserting 


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1 ‘‘manufacturer or supplier of a food contact 

2 substance shall’’; 

3 (B) by inserting ‘‘(A)’’ after ‘‘notify the 

4 Secretary of’’; 

5 (C) by striking ‘‘, and of’’ and inserting ‘‘; 

6 (B)’’; and 

7 (D) by striking the period after ‘‘sub8 section (c)(3)(A)’’ and inserting ‘‘; (C) the de9 termination of the manufacturer or supplier 

10 that no adverse health effects result from low11 dose exposures to the food contact substance; 

12 and (D) the determination of the manufacturer 

13 or supplier that the substance has not been 

14 shown, after tests which are appropriate for the 

15 evaluation of the safety of food contact sub16 stances, to cause reproductive or developmental 

17 toxicity in humans or animals.’’; and 

18 (2) by striking paragraph (6) and inserting the 

19 following: 

20 ‘‘(6) In this section— 

21 ‘‘(A) the term ‘food contact substance’ means 

22 any substance intended for use as a component of 

23 materials used in manufacturing, packing, pack24 aging, transporting, or holding food if such use is 


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1 not intended to have any technical effect in such 

2 food; and 

3 ‘‘(B) the term ‘reproductive or developmental 

4 toxicity’ means biologically adverse effects on the re5 productive systems of female or male humans or ani6 mals, or on developing organisms that may result 

7 from exposure prior to conception, during prenatal 

8 development, or until the time of sexual maturation, 

9 that may include female or male reproductive system 

10 development, fertility, pregnancy, pregnancy out11 comes, or modifications in other functions that are 

12 dependent on the integrity of the reproductive sys13 tem or effects on the developing organism, including 

14 death, structural abnormality, altered growth, or 

15 functional deficiency.’’. 

16 SEC. 4. REPORT TO CONGRESS. 

17 Not later than 2 years after the date of enactment 

18 of this Act and at least once during every 2-year period 

19 thereafter, the Secretary shall submit a report to the Com20 mittee on Energy and Commerce of the House of Rep21 resentatives and the Committee on Health, Education, 

22 Labor, and Pensions of the Senate. Such report shall in23 clude— 


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1 (1) a list of waivers granted under section 

2 2(b)(1), including a description of the basis for each 

3 such waiver; 

4 (2) a list of substances selected for review 

5 under section 2(c)(2) and the anticipated timeline 

6 for future selections of additional substances; 

7 (3) for each substance reviewed under section 

8 2(c)(5), the outcome of such review, and the antici9 pated timeline for review of additional substances; 

10 (4) a description of all remedial action taken 

11 under section 2(c)(6); and 

12 (5) for bisphenol A and any other substance de13 termined not to have a reasonable certainty of no 

14 harm under section 2(c)(5), a review of the potential 

15 alternatives to that substance that are available or 

16 being developed for use in food and beverage con17 tainers. 

Æ 


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