I 
113TH CONGRESS 
1ST SESSION H. R. 2248 
To ban the use of bisphenol A in food containers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2013 
Mr. MARKEY (for himself, Mr. BLUMENAUER, Mrs. CAPPS, Ms. DEGETTE, 
Ms. DELAURO, Mr. ELLISON, Ms. ESHOO, Mr. FARR, Mr. GRIJALVA, Ms. 
LOFGREN, Mrs. LOWEY, Mrs. CAROLYN B. MALONEY of New York, Ms. 
MCCOLLUM, Mr. MORAN, Mr. NADLER, Ms. PINGREE of Maine, Ms. 
SCHAKOWSKY, Ms. SLAUGHTER, Ms. SPEIER, and Ms. TSONGAS) intro-
duced 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. 
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 2013’’. 
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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.— 
(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 
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on or after the date that is 180 days after the 
date of enactment of this Act. 
(b) WAIVER.— 
(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 
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(ii) use an alternative container that 
does not contain bisphenol A for such par-
ticular food product or products; and 
(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, in a manner that 
the Secretary shall require. 
(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) REEXAMINATION
OF APPROVED FOOD ADDI-
TIVES, EFFECTIVE FOOD CONTACT SUBSTANCE NOTIFI-
CATIONS, AND SUBSTANCES THAT ARE GENERALLY REC-
OGNIZED AS SAFE.— 
(1) PLAN AND SCHEDULE.—Not later than 1 
year after 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 substances 
under paragraph (2) and the review of substances 
under paragraph (5). 
(2) SELECTION
OF
SUBSTANCES.—Not later 
than 1 year after enactment of this Act and not less 
than once every 3 years thereafter, the Secretary, 
acting through the Commissioner of Food and 
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Drugs, shall, based on the factors under paragraph 
(4), select substances to review under paragraph (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; 
(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; 
(C) substances that are the subject of an 
effective food contact substance notification, as 
described in section 409(h) of the Federal 
Food, Drug, and Cosmetic Act; 
(D) substances that are generally recog-
nized as safe, as listed in part 182 of title 21, 
Code of Federal Regulations (or any successor 
regulations); 
(E) direct food substances affirmed as gen-
erally recognized as safe, as listed in part 184 
of title 21, Code of Federal Regulations (or any 
successor regulations); and 
(F) indirect food substances affirmed as 
generally recognized as safe, as listed in part 
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186 of title 21, Code of Federal Regulations (or 
any successor regulations). 
(3) NOTICE AND COMMENT.—The selection of 
substances under paragraph (2) shall be subject to 
notice and comment. 
(4) PRIORITIES.—In selecting substances under 
paragraph (2), the Secretary shall take into consid-
eration the following factors: 
(A) Whether, based on new scientific infor-
mation, the Secretary determines that there is 
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 
populations, 
including 
pregnant 
women, infants, children, the elderly, and 
populations with high exposure to such 
substance. 
(B) Whether, since the introduction of 
such substance into interstate commerce, there 
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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 populations, including preg-
nant women, infants, children, the elderly, 
and populations with high exposure to such 
substance. 
(5) REVIEW OF SUBSTANCES AND SECRETARIAL 
DETERMINATION.— 
(A) IN GENERAL.—No 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 
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 
populations, 
including 
pregnant 
women, infants, children, the elderly, and 
populations with high exposure to such 
substance. 
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(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 
sections 
409(a)(3) and 409(h) of the Federal Food, 
Drug, and Cosmetic Act, subject to the 
process under subparagraph (B); and 
(ii) if the substance is defined as a 
food contact substance under the Federal 
Food, Drug, and Cosmetic Act, the sub-
stance shall be subject to subparagraph 
(C). 
(B) TREATMENT
OF
SUBSTANCES
THAT 
ARE
NOT
DEFINED
AS
FOOD
CONTACT
SUB-
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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 that author-
izes any use of the substance as a 
food 
additive 
(including 
sections 
177.1580, 177.1440, 177.2280, and 
175.300(b)(3)(viii) of title 21, Code of 
Federal Regulations, 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 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-
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thority described in sections 409(a)(3) and 
409(h) of the Federal Food, Drug, and 
Cosmetic Act. 
(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 
sections 409(a)(3) and 409(h) of the Fed-
eral Food, Drug, and Cosmetic Act 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 sections 409(a)(3) and 409(h) of 
the Federal Food, Drug, and Cosmetic 
Act. 
(d) 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 
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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. 
(e) DEFINITIONS.—For purposes of this section: 
(1) 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. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL 
FOOD, DRUG, AND COSMETIC ACT. 
Subsection (h) of section 409 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 348(h)(1)) is amend-
ed— 
(1) in paragraph (1)— 
(A) by striking ‘‘manufacturer or supplier 
for a food contact substance may’’ and insert-
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ing ‘‘manufacturer or supplier for a food con-
tact 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, including alterations to the female or male re-
productive system development, the related endo-
crine system, fertility, pregnancy, pregnancy out-
comes, or modifications in other functions that are 
dependent on the integrity of the reproductive sys-
tem.’’. 
SEC. 4. REPORT TO CONGRESS. 
No later than two years after enactment of this Act 
and at least once during every two year period thereafter, 
the Secretary shall submit a report to the Committee on 
Energy and Commerce of the House of Representatives. 
Such report shall include— 
(1) a list of waivers granted under section 
2(b)(1), including a description of the basis 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; 
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