I 
111TH CONGRESS 
2D SESSION 
H. R. 4456 
To prohibit the manufacture, sale, or distribution in commerce of children’s 
food and beverage containers composed of bisphenol A, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2010 
Mr. WEINER introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To prohibit the manufacture, sale, or distribution in com-
merce of children’s food and beverage containers com-
posed of bisphenol A, 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 ‘‘BPA–Free Kids Act 
of 2009’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) BISPHENOL A.—The term ‘‘bisphenol A’’ 
means the chemical compound phenol, 4,4–(1- 
methylethylidine)bis, propane (CAS No. 80–05–7). 
(2) CHILDREN’S
FOOD
OR
BEVERAGE
CON-
TAINER.— 
(A) IN
GENERAL.—The term ‘‘children’s 
food or beverage container’’ means any bottle 
(including a baby bottle), cup, bowl, plate, 
straw, utensil, or other container, except a 
metal can, that is designed or intended to be 
filled with any liquid, food, or beverage pri-
marily for consumption from that container by 
children 3 years of age or younger and is sold 
or distributed at retail without containing any 
liquid, food, or beverage. 
(B) DETERMINATION OF INTENTION FOR 
USE BY CHILDREN.—In determining under sub-
paragraph (A) whether a product is designed or 
intended for use by children 3 years of age or 
younger, the following factors shall be consid-
ered: 
(i) A statement by a manufacturer 
about the intended use of the product, in-
cluding a label on the product, if such 
statement is reasonable. 
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(ii) Whether the product is rep-
resented in its packaging, display, pro-
motion, or advertising as appropriate for 
children 3 years of age or younger. 
(iii) Whether the product is commonly 
recognized by consumers as being intended 
for use by children 3 years of age or 
younger. 
(iv) The Age Determination Guide-
lines issued by the Commission in Sep-
tember 2002 and any successor to such 
guidelines. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Consumer Product Safety Commission. 
(4) METAL CAN.—The term ‘‘metal can’’ means 
a single-walled container that is manufactured from 
metal substrate designed to hold or pack food or 
beverages and sealed by can ends manufactured 
from metal substrate. 
(5) PLASTIC RESIN.—The term ‘‘plastic resin’’ 
means a polymer, usually in the form of pellets or 
beads, that is not yet molded, extruded, or cast into 
its final shape. 
(6) SOLD OR DISTRIBUTED AT RETAIL.—The 
term ‘‘sold or distributed at retail’’ means sold or 
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distributed to a consumer, but does not include sell-
ing activity that is intermittent. 
(7) SUPPLIER.—The term ‘‘supplier’’ means 
any person who supplies plastic resin to a manufac-
turer of children’s food or beverage containers and 
may include a manufacturer of plastic resins. 
SEC. 
3. 
BAN 
ON 
CERTAIN 
PRODUCTS 
MADE 
WITH 
BISPHENOL A. 
(a) TREATMENT
AS BANNED HAZARDOUS SUB-
STANCE.—Any children’s food or beverage container that 
is composed in whole or in part of bisphenol A shall be 
treated as a banned hazardous substance under the Fed-
eral Hazardous Substances Act (15 U.S.C. 1261 et seq.). 
(b) TREATMENT
AS
A REGULATION UNDER
THE 
FEDERAL HAZARDOUS SUBSTANCES ACT.—The ban im-
posed under subsection (a) and the requirements pre-
scribed under section 4(a)(1) shall be treated as regula-
tions of the Commission promulgated under or for the en-
forcement of section 2(q) of the Federal Hazardous Sub-
stances Act (15 U.S.C. 1261(q)), notwithstanding the ex-
ception for foods subject to the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.) set forth in section 
2(f)(2) of the Federal Hazardous Substances Act (15 
U.S.C. 1261(f)(2)). 
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(c) CLARIFICATION OF AGENCY JURISDICTION.—The 
Consumer Product Safety Commission shall have jurisdic-
tion over and authority to enforce the provisions of this 
Act notwithstanding— 
(1) the exclusion of food from the definition of 
‘‘consumer product’’ in section 3(a)(5)(I) of the 
Consumer 
Product 
Safety 
Act 
(15 
U.S.C. 
2052(a)(5)(I)); 
(2) section 2(f)(2) of the Federal Hazardous 
Substances Act (15 U.S.C. 1261(f)(2)); 
(3) sections 201(s) and 409 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321(s) 
and 348) (regarding the Food and Drug Administra-
tion’s authority to regulate food contact surfaces as 
a food additive); 
(4) sections 402 and 403 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 342 and 343) 
(prohibiting the introduction into interstate com-
merce of articles of food that are adulterated or mis-
branded); and 
(5) the Memorandum of Understanding between 
the U.S. Consumer Product Safety Commission and 
the U.S. Food and Drug Administration (MOU 
number 225–76–2003, signed July 1976), or any 
successor Memorandum (delineating the areas of ju-
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risdiction for administration of the Consumer Prod-
uct Safety Act and the Federal Food, Drug, and 
Cosmetic Act with respect to food, food containers, 
and food-related articles and equipment). 
SEC. 4. CERTIFICATION AND TESTING REQUIREMENTS. 
(a) TESTING REQUIREMENTS
FOR PLASTIC RES-
INS.— 
(1) IN
GENERAL.—Not later than 150 days 
after the date of the enactment of this Act, the 
Commission shall prescribe requirements for the 
testing of plastic resins by suppliers of plastic resin 
and by manufacturers of children’s food or beverage 
containers to ensure that the plastic resins that are 
to be sold, distributed for use, or used in the manu-
facture of children’s food or beverage containers do 
not contain bisphenol A. 
(2) REQUIREMENTS.—The testing requirements 
prescribed under paragraph (1) shall include the fol-
lowing: 
(A) A schedule for periodic and random 
testing of plastic resins, including consideration 
of whether it is reasonable to phase out testing 
requirements after a period of years. 
(B) Methodologies for— 
(i) testing plastic resins; and 
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