2016 -- H 7642

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LC004041

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PROHIBITION OF CONTAINERS USING

BISPHENOL A

     

     Introduced By: Representatives Handy, McEntee, Canario, Naughton, and McKiernan

     Date Introduced: February 12, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 94

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PROHIBITION OF CONTAINERS USING BISPHENOL A

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     23-94-1. Definitions. -- As used in this chapter:

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     (1) "Bisphenol A" means a synthetic organic compound used in the manufacture of epoxy

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resins and other polymers.

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     (2) "Canned food" means food sterilized by heat in a closed, durable container such as tin

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and aluminum cans, flexible aluminum foil and thermoplastic containers including squeeze tubes.

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     (3) "Child" means a person twelve (12) years of age or younger.

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     (4) "Food packaging" means a container or wrapper intended for food contact used to

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store food and foodstuffs for sale.

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     (5) "Reusable food or beverage container" means a receptacle for storing food or

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beverages, including, but not limited to, spill-proof cups, sports bottles, and thermoses. The term

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does not include food or beverage containers intended for disposal after initial usage.

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     23-94-2. Food containers containing bisphenol A prohibited. -- Beginning January 1,

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2017, no person or entity shall manufacture, sell, or distribute in commerce in this state any

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reusable food or beverage container containing bisphenol A.

 

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     23-94-3. Food packaged in containers with bisphenol A prohibited. -- Beginning

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January 1, 2017, no person or entity shall manufacture, sell, or distribute in commerce in this state

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any food intended for or marketed to children that is stored in food packaging that contains

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bisphenol A.

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     23-94-4. Bisphenol A replacements prohibited. -- (a) Manufacturers shall not replace

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bisphenol A with carcinogens rated by the Environmental Protection Agency (EPA) as A, B, or C

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carcinogens or substances listed on the EPA's "List of Chemicals Evaluated for Carcinogenic

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Potential" as known or likely carcinogens, known to be human carcinogens, likely to be human

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carcinogens, or suggestive of being carcinogens.

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     (b) Manufacturers shall not replace bisphenol A with reproductive toxicants that the EPA

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has identified as causing birth defects, reproductive harm, or developmental harm.

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     (c) Manufacturers shall not replace bisphenol A with endocrine disrupting chemicals

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identified by the European commission on the environment.

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     (d) The director of the department of health shall create a process whereby citizens can

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petition for additional chemicals to be added to the list of prohibited bisphenol A replacements in

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reusable food and beverage containers based on scientific evidence demonstrating harm or

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potential for harm from those alternatives.

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     23-94-5. Bisphenol A label required. -- Beginning January 1, 2017, all food packaging

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that contains bisphenol A shall display a label on the front of the package stating "this package

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contains bisphenol A, a chemical that may harm fetal development, which can leach into the

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food."

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     23-94-6. Penalties and enforcement. -- (a) Any person or entity violating or failing to

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comply with any of the requirements of this chapter shall be punished by a fine not to exceed five

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thousand dollars ($5,000).

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     (b) The director may seek legal, injunctive, or other equitable relief to enforce this

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chapter.

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     (c) The remedies and penalties provided in this section are cumulative and not exclusive.

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     23-94-7. Severability. -- If any provision of this chapter or the application thereof to any

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person or circumstance is held invalid, the invalidity shall not affect other provisions or

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applications of this chapter which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are severable.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- PROHIBITION OF CONTAINERS USING

BISPHENOL A

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     This act would prohibit the use of containers, or food packaged in containers, that contain

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bisphenol A.

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     This act would take effect upon passage.

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