Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 111/2/19
5 May 2011
Dear Sirs,
Commercial Information Circular No. 260/2011
US : State-level Laws to Restrict the Use of Bisphenol A
Nine US States, including Connecticut, Maine, Maryland, Massachusetts, Minnesota, New York, Vermont, Washington, and Wisconsin, have enacted laws to impose restrictions on the use of Bisphenol A (BPA) in various products such as baby bottles and reusable food and beverage containers. Ten other states have pending legislation bills to restrict the use of BPA and they include Alaska, California, Illinois, Missouri, New Jersey, Oregon, Pennsylvania, Rhode Island, Tennessee, and Texas.
DETAILS
2.BPA is an industrial chemical used in many consumer products, including reusable water bottles, baby bottles and other food and beverage containers. It is also found in epoxy resins, which act as a protective lining on the inside of metal-based food and beverage cans. These uses of BPA are subject to premarket approval by the US Food and Drug Administration (FDA) as indirect food additives or food contact substances. Please refer to the following FDA website for latest information on BPA:
http://www.fda.gov/Food/FoodIngredientsPackaging/ucm166145.htm.
3.While the FDA is currently working towards a more robust regulatory framework for oversight of BPA, nine US states have enacted laws at state level to restrict the use of BPA in various products with details listed below:
| US State | Restrictions related to BPA |
|---|---|
| 1. Connecticut |
The sale, manufacture or distribution of infant formula and baby food stored in containers made with BPA, and baby bottles and reusable food containers made with BPA is banned beginning 1 October 2011. Please refer to the following website of the Connecticut Department of Public Health for details: http://www.ct.gov/dph/cwp/view.asp?Q=454694&A=3865. |
| 2. Maine |
The sale, offer for sale or distribution for sale of any reusable food or beverage containers with intentionally added BPA is prohibited after 1 January 2012. Please refer to Chapter 882 of the Safer Chemicals in Children's Products Rules in the following website of the Maine Department of Environmental Protection for details: http://www.maine.gov/dep/oc/safechem/rules.htm. |
| 3. Maryland |
The manufacture, sale or distribution of child care articles is prohibited from 1 January 2012. Child care article means any empty bottle or cup to be filled with food or liquid that is designed or intended to be used by a child under the age of four. Please refer to the relevant legislation for details: http://mlis.state.md.us/2010rs/billfile/HB0033.htm. |
| 4. Massachusetts |
Reusable food or beverage containers containing BPA for children under the age of three are banned from being manufactured starting from 7 January 2011 and are banned from being sold at retail starting from 1 July 2011. Please refer to the relevant legislation for details: http://www.lawlib.state.ma.us/source/mass/cmr/cmrtext/ 105CMR650.pdf. |
| 5. Minnesota |
Newly manufactured bottles and cups intended for children under the age of three are banned. The ban took effect on 1 January 2010 for manufacturers and wholesalers and took effect on 1 January 2011 for retailers. Please refer to the following website of the Minnesota Department of Health for details: http://www.health.state.mn.us/divs/eh/risk/chemhazards/ bpalaw.html. |
| 6. New York | The manufacture, distribution, sale or offer for sale of child care products containing BPA which are intended for use by children under the age of three is prohibited. Child care products include pacifiers, unfilled beverage containers, baby bottles, bottle lines and cups, cup lids, straws and sippy cups. The ban took effect on 1 December 2010. Please refer to the relevant legislation for details: http://open.nysenate.gov/legislation/bill/S3296H-2009. |
| 7. Vermont |
Beginning 1 July 2012, the manufacture, sale or distribution in commerce of reusable food or beverage container containing BPA, and infant formula or baby food stored in a plastic container or jar that contains BPA is prohibited. Beginning 1 July 2014, the manufacture, sale or distribution in commerce of infant formula or baby food stored in a can that contains BPA is also prohibited. Please refer to the following for details: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title= 18&Chapter=029&Section=01512. |
| 8. Washington |
Starting 1 July 2011, bottles, cups, and other containers that are designed to be filled with liquid, food, or beverages and used by children under the age of three that contain BPA are prohibited from being manufactured, distributed or sold. Starting from 1 July 2012, the ban will also apply to sports bottle up to 64 ounces. Please refer to the following website of Washington Department of Ecology for details: http://www.ecy.wa.gov/programs/swfa/bpa.html. |
| 9. Wisconsin |
The manufacture, sale, or offer for sale at wholesale of children's containers, i.e. empty baby bottles or spill-proof cups primarily intended for use by children under the age of three containing BPA starting from June 2010. Please refer to the relevant legislation for details: http://legis.wisconsin.gov/2009/data/acts/09Act145.pdf. |
4.Traders are strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.
ENQUIRIES
5.For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.
Yours faithfully,
(Miss Carmen CHAN)
for Director-General of Trade and Industry
Note ：
While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.