Nine States Have Now Enacted BPA Ban Laws
Over the past year, four more states, Massachusetts, Maine, New York and Vermont, have enacted legislation to ban Bisphenol A (BPA) in various products such as baby bottles and reusable food and beverage containers. They join the five states of Washington, Connecticut, Maryland, Minnesota and Wisconsin, which had already banned BPA in certain products and were covered in a March 2010 ITT notice.
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(BPA is a chemical used in hard plastic food containers such as baby bottles and reusable cups and the lining of metal food and beverage cans, including canned liquid infant formula.)
BPA Restrictions by Law in Nine States
The following are brief summaries of the BPA restrictions now found in nine U.S. states:
Massachusetts. Effective January 7, 2011, reusable bottles or cups that contain BPA and that are designed and intended to be filled with food or liquid and used by children age three and younger cannot be manufactured in the state. Starting July 1, 2011, such products cannot be sold in Massachusetts. (here) and (here)
Maine. Starting January 1, 2012, the sale and distribution of any reusable food or beverage container with intentionally added BPA is prohibited. A reusable food or beverage container is defined as a container with a lid, cover, cap, or nipple that is manufactured or intended for storing, carrying, or transporting food or beverages, including but not limited to baby bottles, spill-proof cups, sports bottles and thermoses. It does not include a receptacle that contains food or beverage when sold or purchased. (here) and (here)
New York. In New York, the “Bisphenol A-Free Children and Babies Act” prohibits the manufacture, distribution, sale or offer for sale of any child care product containing bisphenol-A intended for use by a child three years or age or under. Child care products include pacifiers, unfilled beverage containers, baby bottles, baby bottle lines and cups, cup lids, straws and sippy cups. The bill took effect December 1, 2010. (here)
Vermont. Beginning July 1, 2012, the manufacture, sale and distribution in commerce of reusable food or beverage containers (baby bottles, spill-proof cups, sports bottles and thermoses) containing BPA are prohibited in Vermont. This ban does not apply to commercial water cooler jugs or to food and beverage containers intended for disposal after initial use. Beginning July 1, 2012, the manufacture, sale, or distribution in commerce of infant formula or baby food stored in a plastic container or jar that contains BPA is banned. Beginning July 1, 2014, infant formula or baby food stored in a can that contains BPA cannot be manufactured, sold, or distributed in commerce in Vermont. (here)
Washington. Under Washington's law, plastic containers made with BPA that are designed to hold food or beverages for children under three may not be manufactured, sold, or distributed in the state, effective July 1, 2011. Effective July 1, 2012, the ban will extend to plastic sports bottles. (here)
Wisconsin. Wisconsin's law, which takes effect in June 2010, bans the manufacture and wholesale of baby bottles and cups for children age 3 and under that contain BPA. It also requires them to be labeled "BPA Free." (here)
Minnesota. Minnesota's BPA ban applies to newly manufactured bottles and cups intended for children from birth to three years of age. It took effect on January 1, 2010 for manufacturers and wholesalers and will take effect January 1, 2011 for retailers. (here)
Connecticut. Connecticut's Public Act 09-103 bans BPA from baby bottles, infant formula cans and reusable food containers, beginning October 1, 2011. The legislation allows for existing products to remain on the shelves until October 1, 2012. (here)
Maryland. Maryland's legislation prohibits the use of BPA in baby bottles and sippy cups and requires the least toxic alternative, effective in 2012. (here)
BPA Bills Pending in 11 Other States
Other states have pending BPA bills including Oregon, California, Pennsylvania, Alaska, Connecticut, Illinois, Missouri, New Jersey, Rhode Island, Tennessee, and Texas.
(See ITT’s Online Archives or 03/25/10 news, 10032535, for BP’s March 2010 summary of the five states that had enacted BPA bans at that time.
See ITT’s Online Archives or 03/04/11 news, 11030424, for BP summary of the first stage of the European Union ban on BPA in baby bottles taking effect March 1, 2011.
See ITT’s Online Archives or 04/01/10 news, 10040120, for BP summary of Canada prohibiting the sale, importation and advertisement of baby bottles containing BPA effective March 11, 2010.)