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 Com-
mittee on Energy and Commerce 
A BILL 
To ban the use of bisphenol A in food containers, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ban Poisonous Addi-
tives Act of 2014’’. 
SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEV-
ERAGE CONTAINERS. 
(a) TREATMENT OF BISPHENOL A AS ADULTER-
ATING THE FOOD OR BEVERAGE.— 
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(1) IN
GENERAL.—For purposes of applying 
section 402(a)(6) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 342(a)(6)), a food con-
tainer (which for purposes of this Act includes a 
beverage container) that is composed, in whole or in 
part, of bisphenol A, or that can release bisphenol 
A into food (as defined for purposes of the Federal 
Food, Drug, and Cosmetic Act), shall be treated as 
a container described in such section (relating to 
containers composed, in whole or in part, of a poi-
sonous or deleterious substance which may render 
the contents injurious to health). 
(2) APPLICABILITY.— 
(A) REUSABLE FOOD CONTAINERS.—Para-
graph (1) shall apply to reusable food con-
tainers on the date that is 180 days after the 
date of enactment of this Act. 
(B) OTHER
FOOD
CONTAINERS.—Para-
graph (1) shall apply to any food container that 
is packed with food and is introduced or deliv-
ered for introduction into interstate commerce 
on or after the date that is 180 days after the 
date of enactment of this Act. 
(b) WAIVER.— 
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(1) IN GENERAL.—The Secretary, after public 
notice and opportunity for comment, may grant to 
any facility (as that term is defined in section 415 
of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 350d)) that manufactures, processes, packs, 
holds, or sells the particular food product or prod-
ucts, a waiver of the treatment described in sub-
section (a). 
(2) APPLICABILITY.—A waiver granted to a fa-
cility under paragraph (1) may only be applicable to 
a certain type of food container or containers, as 
used for a particular food product or group of simi-
lar products containing similar foods. 
(3) REQUIREMENT
FOR
WAIVER.—The Sec-
retary may only grant a waiver under paragraph (1) 
to a facility, if such facility— 
(A) demonstrates that it is not techno-
logically feasible to— 
(i) replace bisphenol A in the certain 
type of container or containers for such 
particular food product or products; or 
(ii) use an alternative container that 
does not contain bisphenol A for such par-
ticular food product or products; and 
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(B) submits to the Secretary a plan and 
timeline for removing bisphenol A from such 
type of container or containers for that food 
product or products. 
(4) LABELING.— 
(A) IN GENERAL.—Any product for which 
the Secretary grants such a waiver shall display 
a prominent warning on the label that the con-
tainer 
contains 
bisphenol 
A 
that 
states, 
‘‘bisphenol A (BPA) is a chemical that can 
leach into food and may harm prenatal develop-
ment and the health of children and adults’’. 
(B) 
ADDITIONAL
REQUIREMENT.—The 
prominent warning required under subpara-
graph (A) shall include information to ensure 
adequate public awareness of potential health 
effects associated with bisphenol A. 
(5) DURATION.— 
(A) INITIAL WAIVER.—Any waiver granted 
under paragraph (1) to a facility for a food con-
tainer or containers shall be valid for not longer 
than 1 year after the date on which subsection 
(a) is applicable to such food container or con-
tainers. 
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(B) RENEWAL OF WAIVER.—The Secretary 
may renew any waiver granted under paragraph 
(1) for periods of not more than 1 year, pro-
vided that the Secretary reaffirms that it is not 
technologically feasible to replace bisphenol A in 
such type of container or containers for such 
particular food product or products or use an 
alternative container that does not contain 
bisphenol A for such particular food product or 
products. 
(c) SUBSTANCES USED TO REPLACE BISPHENOL 
A.—The Secretary shall, to the extent possible, promote, 
facilitate, and incentivize the use of safer alternatives to 
replace bisphenol A, and as such bisphenol A shall not 
be replaced in food containers with substances that— 
(1) are known or are likely human carcinogens; 
(2) have been found by the Environmental Pro-
tection Agency to be persistent, bioaccumulative, and 
toxic; 
(3) cause reproductive or developmental tox-
icity; or 
(4) are endocrine disrupting chemicals. 
(d) REEXAMINATION
OF APPROVED FOOD ADDI-
TIVES, EFFECTIVE FOOD CONTACT SUBSTANCE NOTIFI-
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CATIONS, AND SUBSTANCES THAT ARE GENERALLY REC-
OGNIZED AS SAFE.— 
(1) PLAN AND SCHEDULE.—Not later than 1 
year after the date of enactment of this Act, after 
opportunity for comment, the Secretary, acting 
through the Commissioner of Food and Drugs shall 
publish a plan and schedule for the selection of sub-
stances under paragraph (2) and the review of sub-
stances under paragraph (5). 
(2) SELECTION
OF
SUBSTANCES.—Not later 
than 1 year after the date of enactment of this Act 
and not less than once every 3 years thereafter, the 
Secretary, acting through the Commissioner of Food 
and Drugs, shall, based on the factors under para-
graph (4), select substances to review under para-
graph (5). Such selection shall be made from 
among— 
(A) substances authorized as a food addi-
tive under any regulations issued under section 
409 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 348); 
(B) substances that are the subject of any 
sanction or approval as described in section 
201(s)(4) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321(s)(4)); 
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a possibility that there is no longer a reasonable 
certainty that no harm will result from aggre-
gate exposure to such substance through food 
containers composed, in whole or in part, of 
such substance, taking into consideration— 
(i) potential adverse effects from low 
dose exposure; and 
(ii) the effects of exposure on vulner-
able human populations. 
(B) Whether, since the introduction of 
such substance into interstate commerce, there 
has been a significant increase in the amount of 
such substance found in— 
(i) sources of drinking water; or 
(ii) products that are likely to be used 
by vulnerable human populations. 
(C) Whether such substance has been ap-
proved by the Food and Drug Administration to 
be used in the lining of canned food. 
(5) REVIEW OF SUBSTANCES AND SECRETARIAL 
DETERMINATION.— 
(A) IN GENERAL.—Not later than 1 year 
after the date on which a substance is selected 
under paragraph (2), the Secretary shall deter-
mine whether there is a reasonable certainty 
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that no harm will result from aggregate expo-
sure to such substance, taking into consider-
ation— 
(i) potential adverse effects from low 
dose exposure; and 
(ii) the effects of exposure on vulner-
able human populations. 
(B) NOTICE AND COMMENT.—The deter-
mination made under subparagraph (A) shall be 
subject to notice and comment. 
(6) REMEDIAL ACTION.— 
(A) IN GENERAL.—Upon a determination 
under paragraph (5) that there is not a reason-
able certainty that no harm will result from ag-
gregate exposure to a substance through food 
containers composed, in whole or in part, of 
such substance— 
(i) if the substance is not defined as 
a food contact substance under the Federal 
Food, Drug, and Cosmetic Act, the sub-
stance shall be subject to subsections 
(a)(3) and (h) of section 409 of the Fed-
eral Food, Drug, and Cosmetic Act (21 
U.S.C. 348(a)(3) and (h)), subject to the 
process under subparagraph (B); 
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(ii) if the substance is defined as a 
food contact substance under the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
301 et seq.), the substance shall be subject 
to subparagraph (C); and 
(iii) the Secretary shall, to the extent 
practicable, 
promote, 
facilitate, 
and 
incentivize the use of safer alternatives as 
replacements for such substance. 
(B) TREATMENT
OF
SUBSTANCES
THAT 
ARE
NOT
DEFINED
AS
FOOD
CONTACT
SUB-
STANCES.—The process under this subpara-
graph is as follows: 
(i) One year after the determination 
under paragraph (5) for a substance sub-
ject to the process under this subpara-
graph— 
(I) any regulation issued under 
section 409 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 
348) that authorizes any use of the 
substance as a food additive (includ-
ing 
sections 
177.1580, 
177.1440, 
177.2280, and 175.300(b)(3)(viii) of 
title 21, Code of Federal Regulations, 
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as in effect on the date of enactment 
of this Act); and 
(II) any sanction or approval as 
described in section 201(s)(4) of such 
Act (21 U.S.C. 321(s)(4)) regarding 
such substance, 
shall be deemed revoked. 
(ii) Upon receipt of a food contact no-
tification for a food contact substance con-
taining a substance subject to the process 
under this subparagraph, the Secretary 
shall review the notification under the au-
thority described in subsections (a)(3) and 
(h) of section 409 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 
348(a)(3) and (h)). 
(C) TREATMENT OF SUBSTANCES DEFINED 
AS FOOD CONTACT SUBSTANCES.— 
(i) One year after the determination 
under paragraph (5) for a substance that 
is subject to this subparagraph, all effec-
tive notifications for the use of such sub-
stance under the authority described in 
subsections (a)(3) and (h) of section 409 
of the Federal Food, Drug, and Cosmetic 
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Act (21 U.S.C. 348(a)(3) and (h)) shall be 
reviewed by the Secretary. 
(ii) Upon receipt of a food contact no-
tification for a food contact substance con-
taining a substance that is subject to this 
subparagraph, the Secretary shall review 
the notification under the authority de-
scribed in subsections (a)(3) and (h) of 
section 409 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 348(a)(3) 
and (h)). 
(e) SAVINGS PROVISION.—Nothing in this Act shall 
affect the right of a State, political subdivision of a State, 
or Indian tribe to adopt or enforce any regulation, require-
ment, liability, or standard of performance that is more 
stringent than a regulation, requirement, liability, or 
standard of performance under this Act or that— 
(1) applies to a product category not described 
in this Act; or 
(2) requires the provision of a warning of risk, 
illness, or injury associated with the use of food con-
tainers composed, in whole or in part, of bisphenol 
A. 
(f) DEFINITIONS.—For purposes of this section: 
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(1) ENDOCRINE DISRUPTING CHEMICAL.—The 
term ‘‘endocrine disrupting chemical’’ means an ex-
ogenous agent that causes adverse effects, such as 
by interfering with the production, release, trans-
port, metabolism, binding, action, or elimination of 
the natural hormones in the body responsible for the 
maintenance of homeostasis and the regulation of 
developmental processes. 
(2) REUSABLE
FOOD
CONTAINER.—The term 
‘‘reusable food container’’ means a reusable food 
container that does not contain a food item when it 
is introduced or delivered for introduction into inter-
state commerce. 
(3) SAFER ALTERNATIVE.—The term ‘‘safer al-
ternative’’ means an option, that is safer for humans 
and the environment than the existing chemical or 
process, including— 
(A) chemical or process substitution; 
(B) chemical or process re-formulation or 
re-design; and 
(C) chemical or process elimination or 
phase-out. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
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(5) VULNERABLE
HUMAN
POPULATION.—The 
term ‘‘vulnerable human population’’ means a 
human population that is subject to the potential for 
disproportionate exposure to, or the potential for 
disproportionate adverse effect from exposure to, a 
chemical substance or mixture, including— 
(A) infants, children, and adolescents; 
(B) pregnant women; 
(C) the elderly; 
(D) individuals with preexisting medical 
conditions; 
(E) workers who may be exposed to chem-
ical substances and mixtures; 
(F) residents in communities subject to 
disproportionate exposures; and 
(G) members of any other appropriate pop-
ulation identified by the Secretary. 
SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL 
FOOD, DRUG, AND COSMETIC ACT. 
Section 409(h) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 348(h)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘manufacturer or supplier 
of a food contact substance may’’ and inserting 
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‘‘manufacturer or supplier of a food contact 
substance shall’’; 
(B) by inserting ‘‘(A)’’ after ‘‘notify the 
Secretary of’’; 
(C) by striking ‘‘, and of’’ and inserting ‘‘; 
(B)’’; and 
(D) by striking the period after ‘‘sub-
section (c)(3)(A)’’ and inserting ‘‘; (C) the de-
termination of the manufacturer or supplier 
that no adverse health effects result from low- 
dose exposures to the food contact substance; 
and (D) the determination of the manufacturer 
or supplier that the substance has not been 
shown, after tests which are appropriate for the 
evaluation of the safety of food contact sub-
stances, to cause reproductive or developmental 
toxicity in humans or animals.’’; and 
(2) by striking paragraph (6) and inserting the 
following: 
‘‘(6) In this section— 
‘‘(A) the term ‘food contact substance’ means 
any substance intended for use as a component of 
materials used in manufacturing, packing, pack-
aging, transporting, or holding food if such use is 
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not intended to have any technical effect in such 
food; and 
‘‘(B) the term ‘reproductive or developmental 
toxicity’ means biologically adverse effects on the re-
productive systems of female or male humans or ani-
mals, or on developing organisms that may result 
from exposure prior to conception, during prenatal 
development, or until the time of sexual maturation, 
that may include female or male reproductive system 
development, fertility, pregnancy, pregnancy out-
comes, or modifications in other functions that are 
dependent on the integrity of the reproductive sys-
tem or effects on the developing organism, including 
death, structural abnormality, altered growth, or 
functional deficiency.’’. 
SEC. 4. REPORT TO CONGRESS. 
Not later than 2 years after the date of enactment 
of this Act and at least once during every 2-year period 
thereafter, the Secretary shall submit a report to the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate. Such report shall in-
clude— 
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(1) a list of waivers granted under section 
2(b)(1), including a description of the basis for each 
such waiver; 
(2) a list of substances selected for review 
under section 2(c)(2) and the anticipated timeline 
for future selections of additional substances; 
(3) for each substance reviewed under section 
2(c)(5), the outcome of such review, and the antici-
pated timeline for review of additional substances; 
(4) a description of all remedial action taken 
under section 2(c)(6); and 
(5) for bisphenol A and any other substance de-
termined not to have a reasonable certainty of no 
harm under section 2(c)(5), a review of the potential 
alternatives to that substance that are available or 
being developed for use in food and beverage con-
tainers. 
Æ 
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