S 2928
110th CONGRESS
2d Session
S. 2928
To ban bisphenol A in children's products.
IN THE SENATE OF THE UNITED STATES
April 29, 2008
Mr. SCHUMER (for himself, Mrs. FEINSTEIN, Mrs. CLINTON, Mr. DURBIN,
Mr. KERRY, and Mr. MENENDEZ) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To ban bisphenol A in children's products.
Be it enacted by the Senate and House of Representatives 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 2008'.
SEC. 2. BAN ON BPA IN CHILDREN'S PRODUCTS.
(a) Definitions- In this section:
(1) Children'S PRODUCT- The term `children's product' means a consumer
product designed for or intended for use by, or care of, a child 7
years of age or younger that is introduced into the interstate stream
of commerce. In determining whether a product is intended for use
by a child 7 years of age or younger, the following factors shall
be considered:
(A) A statement by a manufacturer about the intended use of such
product, including a label on such product, if such statement is
reasonable.
(B) Whether the product is represented in its packaging, display,
promotion, or advertising as appropriate for children 7 years of
age or younger.
(C) Whether the product is commonly recognized by consumers as being
intended for use by a child 7 years of age or younger.
(D) The Age Determination Guidelines issued by the Consumer Product
Safety Commission in September 2002 and any subsequent version of
such guidelines.
(2) CONSUMER PRODUCT- The term `consumer product' has the meaning
given the term in section 3 of the Consumer Product Safety Act (15
U.S.C. 2052).
(b) Ban in Children's Products- Beginning on the date that is 180 days
after the date of enactment of this Act, any children's product that
contains a detectable amount of bisphenol A (commonly known as `BPA')
shall be treated as a banned hazardous substance under the Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.) and the prohibitions contained
in section 4 of such Act shall apply.
SEC. 3. STUDY BY THE CDC.
Not later than 90 days after the date of enactment of this Act, the
Director of the Centers for Disease Control and Prevention shall submit
a plan to Congress on a study the Director shall conduct on the health
effects of bisphenol A exposure in all age groups and in pregnant women.
SEC. 4. NO PREEMPTION OF MORE PROTECTIVE STATE LAWS.
Nothing in this Act or section 18(b)(1)(B) of the Federal Hazardous
Substances Act (15 U.S.C. 1261 note) shall affect the authority of any
State or political subdivision of a State to establish or continue in
effect a provision of the law of a State or political subdivision of
a State relating to regulation of products containing bisphenol A, except
to the extent that such provision of law is inconsistent with the provisions
of this Act, and then only to the extent of such inconsistency. A provision
of the law of a State or political subdivision of a State is not inconsistent
with this Act if such provision provides equal or greater protection
to consumers than what is provided under this Act.
END
