I 
111TH CONGRESS 
1ST SESSION H. R. 1523 
To ban the use of bisphenol A in food containers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 16, 2009 
Mr. MARKEY of Massachusetts (for himself and Ms. BALDWIN) 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. 
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 2009’’. 
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.—For purposes of apply-
ing section 402(a)(6) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 342(a)(6)), a food container (which 
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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 pur-
poses of the Federal Food, Drug, and Cosmetic Act), shall 
be treated as a container described in such section (relat-
ing to containers composed, in whole or in part, of a poi-
sonous or deleterious substance which may render the con-
tents injurious to health). 
(b) EFFECTIVE DATES.— 
(1) REUSABLE FOOD CONTAINERS.— 
(A) DEFINITION.—In this Act, the term 
‘‘reusable food container’’ means a reusable 
food container that does not contain a food 
item when it is introduced or delivered for in-
troduction into interstate commerce. 
(B) APPLICABILITY.—Subsection (a) shall 
apply to reusable food containers on the date 
that is 180 days after the date of enactment of 
this Act. 
(2) OTHER FOOD CONTAINERS.—Subsection (a) 
shall apply to food containers that are packed with 
a food and introduced or delivered for introduction 
into interstate commerce on or after the date that 
is 180 days after the date of enactment of this Act. 
(c) WAIVER.— 
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(1) IN GENERAL.—The Secretary of Health and 
Human Services (referred to in this Act as the ‘‘Sec-
retary’’), 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)) a waiver of the 
treatment described in subsection (a) for a certain 
type of food container, as used for a particular food 
product, if such facility— 
(A) demonstrates that it is not techno-
logically feasible to replace bisphenol A in such 
type of container for such particular food prod-
uct; and 
(B) submits to the Secretary a plan and 
timeline for removing bisphenol A from such 
type of container for that food product. 
(2) APPLICABILITY.—A waiver granted under 
paragraph (1) shall constitute a waiver of the treat-
ment described in subsection (a) for any facility that 
manufactures, processes, packs, holds, or sells the 
particular food product for which the waiver was 
granted. 
(3) LABELING.—Any product for which the 
Secretary grants such a waiver shall display a 
prominent warning on the label that the container 
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contains bisphenol A, in a manner that the Sec-
retary shall require, which manner shall ensure ade-
quate public awareness of potential health effects as-
sociated with bisphenol A. 
(4) DURATION.— 
(A) INITIAL WAIVER.—Any waiver granted 
under paragraph (1) shall be valid for not 
longer than 1 year after the applicable effective 
date in subsection (b). 
(B) RENEWAL OF WAIVER.—The Secretary 
may renew any waiver granted under subpara-
graph (A) for a period of not more than 1 year. 
(d) LIST OF SUBSTANCES THAT ARE GENERALLY 
RECOGNIZED AS SAFE.— 
(1) REVIEW.—The Secretary, acting through 
the Commissioner of Food and Drugs, shall, not 
later than 1 year after enactment of this Act and 
not less than once every 5 years thereafter, review— 
(A) the substances that are generally rec-
ognized as safe, listed in part 182 of title 21, 
Code of Federal Regulations (or any successor 
regulations); 
(B) the direct food substances affirmed as 
generally recognized as safe, listed in part 184 
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of title 21, Code of Federal Regulations (or any 
successor regulations); and 
(C) the indirect food substances affirmed 
as generally recognized as safe, listed in part 
186 of title 21, Code of Federal Regulations (or 
any successor regulations). 
(2) PUBLIC COMMENT.—In conducting the re-
view described in paragraph (1), the Secretary shall 
provide public notice and opportunity for comment. 
(3) REMEDIAL
ACTION.—If, after conducting 
the review described in paragraph (1), the Secretary 
determines that, with regard to a substance listed in 
such part 182, 184, or 186, new scientific evidence, 
including scientific evidence showing that the sub-
stance causes reproductive or developmental toxicity 
in humans or animals, supports— 
(A) banning a substance; 
(B) altering the conditions under which a 
substance may be introduced into interstate 
commerce; or 
(C) imposing restrictions on the types of 
products for which the substance may be used, 
the Secretary shall remove such substance from the 
list of substances, direct food substances, or indirect 
food substances generally recognized as safe, as ap-
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propriate, and shall take other remedial action, as 
necessary. 
(4) DEFINITION.—In this Act, the term ‘‘repro-
ductive or developmental toxicity’’ has the meaning 
given such term in section 409(h)(6) of the Federal 
Food, Drug, and Cosmetic Act, as amended by sec-
tion 3. 
(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 of bisphenol A. 
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)— 
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(A) by striking ‘‘manufacturer or supplier 
for a food contact substance may’’ and insert-
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, 
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packing, packaging, transporting, or holding 
food if such use is not intended to have any 
technical effect in such food; and 
‘‘(B) the term ‘reproductive or develop-
mental toxicity’ means biologically adverse ef-
fects on the reproductive systems of female or 
male humans or animals, including alterations 
to the female or male reproductive system de-
velopment, the related endocrine system, fer-
tility, pregnancy, pregnancy outcomes, or modi-
fications in other functions that are dependent 
on the integrity of the reproductive system.’’. 
Æ 
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