(ii) determining appropriate sample 
sizes for testing plastic resins. 
(C) Standards for record keeping and sub-
mittal of test data and results to the Commis-
sion. 
(D) Requirements for public access to test 
data and test results. 
(E) Such other requirements as the Com-
mission considers appropriate for testing plastic 
resins. 
(b) CERTIFICATION REQUIREMENTS FOR SUPPLIERS 
OF CERTAIN PLASTIC RESINS.—Not later than 30 days 
after the date the Commission prescribes the testing re-
quirements under subsection (a)(1), if a supplier of plastic 
resins provides plastic resin to a manufacturer that the 
supplier has reason to believe will use such plastic resin 
in the manufacture of children’s food or beverage con-
tainers, the supplier shall provide the manufacturer a cer-
tification that— 
(1) the plastic resin has been tested in accord-
ance with the requirements prescribed under sub-
section (a)(1); and 
(2) the plastic resin does not contain bisphenol 
A. 
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(c) TESTING REQUIREMENTS FOR MANUFACTURERS 
OF CHILDREN’S FOOD OR BEVERAGE CONTAINERS.—Not 
later than 30 days after the date the Commission pre-
scribes requirements under subsection (a)(1), each manu-
facturer of children’s food or beverage containers shall im-
plement a testing program that meets the requirements 
prescribed under subsection (a)(1) to ensure that the plas-
tic resins used by such manufacturer do not contain 
bisphenol A. 
(d) EXCLUSION FROM PRODUCT CERTIFICATION 
AND LABELING REQUIREMENTS OF CONSUMER PRODUCT 
SAFETY ACT.—Section 14 of the Consumer Product Safe-
ty Act (15 U.S.C. 2063) shall not apply with respect to 
the presence of bisphenol A in children’s food or beverage 
containers. 
SEC. 5. LABELING AND ADVERTISING REQUIREMENTS. 
(a) LABELING.—Not later than 180 days after the 
date of the enactment of this Act, each children’s food or 
beverage container shall bear or contain the compliance 
statement described in subsection (b), on or attached to 
its packaging or the container itself, when sold or distrib-
uted at retail, if— 
(1) such children’s food or beverage container is 
composed in whole or in part of plastic resin; 
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(2) such plastic resin was certified under sub-
section (b) of section 4; 
(3) such plastic resin was tested under sub-
section (c) of such section; and 
(4) such children’s food or beverage container is 
not composed in whole or in part of bisphenol A. 
(b) COMPLIANCE
STATEMENT.—The compliance 
statement described in this subsection is the following: 
‘‘BPA–Free Product’’. 
(c) ADVERTISING.—Not later than the date that is 
180 days after the date of the enactment of this Act, any 
advertisement by a retailer, manufacturer, importer, dis-
tributor, or private labeler (including advertisements on 
Internet websites or in catalogues or other printed mate-
rials) that provides a direct means for the purchase or 
order of a children’s food or beverage container that bears 
or contains, pursuant to subsection (a), the compliance 
statement described in subsection (b) shall— 
(1) display the compliance statement described 
in subsection (b); or 
(2) be accompanied by such compliance state-
ment immediately adjacent to the advertisement. 
SEC. 6. ENFORCEMENT. 
(a) AUDITS OF SUPPLIERS AND MANUFACTURERS.— 
The Commission shall carry out random audits of the test 
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data submitted to the Commission by suppliers of plastic 
resins used in the manufacture of children’s food or bev-
erage containers and by manufacturers of children’s food 
or beverage containers to ensure that such suppliers and 
manufacturers are complying with the requirements of 
subsections (b) and (c) of section 4, respectively. 
(b) COMMISSION TESTING
OF CHILDREN’S FOOD 
AND BEVERAGE CONTAINERS.—The Commission shall 
carry out a program of random testing of children’s food 
and beverage containers to ensure that children’s food and 
beverage containers that are treated as banned hazardous 
substances under section 3(a) are not introduced into com-
merce. 
(c) REGULATIONS.—Not later than 150 days after 
the date of the enactment of this Act, the Commission 
shall prescribe regulations to carry out the provisions of 
subsections (a) and (b). 
(d) PENALTIES.—Any failure of a person subject to 
a requirement of section 3, 4, or 5 to comply with such 
requirement shall be treated as a violation of section 4 
of the Federal Hazardous Substances Act (15 U.S.C. 
1263) and subject to the penalties set forth in section 5 
of such Act (15 U.S.C. 1264). 
(e) REPORTS.—Not later than one year after the date 
of the enactment of this Act and annually thereafter, the 
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Commission shall submit to Congress a report on the ac-
tions taken by the Commission to enforce the provisions 
of this Act, including summaries of the following: 
(1) The audits carried out under subsection (a). 
(2) The results of the testing program carried 
out under subsection (b). 
(3) The criminal and civil penalties imposed 
under subsection (d). 
SEC. 7. EFFECT ON FEDERAL AND STATE LAW. 
(a) IN GENERAL.—Nothing in this Act or section 
18(b)(1)(B) of the Federal Hazardous Substances Act (15 
U.S.C. 1261 note) shall affect the authority of any State 
or political subdivision of a State to establish or continue 
in effect a provision of the law of a State or political sub-
division of a State relating to regulation of products con-
taining bisphenol A, except to the extent that compliance 
with both State and Federal law is impossible. Nothing 
in this section shall be construed to modify or affect any 
enforcement action or liability of any person under the law 
of any State. 
(b) PRESERVATION OF CERTAIN STATE LAW.—Noth-
ing in this Act shall be construed to preempt or otherwise 
affect any warning requirement relating to consumer prod-
ucts or substances that is established pursuant to State 
law that was in effect on August 31, 2003. 
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SEC. 8. RESEARCH ON HEALTH EFFECTS OF EXPOSURE TO 
BISPHENOL A. 
(a) RESEARCH PLAN REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Health and Human Services shall, acting 
through the Director of the National Institute of Environ-
mental Health Sciences, submit to Congress a plan for a 
five-year research initiative to increase understanding on 
the health effects of exposure to bisphenol A in all age 
groups and in pregnant women. 
(b) RESEARCH REQUIRED.—Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
of Health and Human Services shall, acting through the 
Director of the National Institute of Environmental 
Health Sciences, commence the research initiative set 
forth in the plan required by subsection (a). 
(c) MANNER OF RESEARCH.—The research initiative 
required by subsection (b) may be conducted through in-
tramural research, contracts, grants, and cooperative 
agreements. 
(d) REPORTS TO CONGRESS.— 
(1) INTERIM REPORT.—Not later than 2 years 
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall, acting 
through the Director of the National Institute of 
Environmental Health Sciences, submit to Congress 
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an interim report on the current status of the re-
search carried out under subsection (b), including a 
description of the results of such research. 
(2) FINAL REPORT.—Not later than 6 years 
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall, acting 
through the Director of the National Institute of 
Environmental Health Sciences, submit to Congress 
a final report on the results of this initiative and the 
current state of science with respect to bisphenol A. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Health and Human Services to carry out this section 
$5,000,000 for each of fiscal years 2010 through 2014. 
SEC. 9. EFFECTIVE DATE. 
This Act shall take effect on the date of the enact-
ment of this Act and apply with respect to children’s food 
or beverage containers manufactured on or after the date 
that is 180 days after such date of enactment. 
Æ 
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