Bill Text: DE HB109 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 6 Of The Delaware Code Relating To Prohibited Trade Practices.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-05-01 - Re-Assigned to Natural Resources Committee in House [HB109 Detail]
Download: Delaware-2013-HB109-Draft.html
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SPONSOR: |
Rep. Kowalko & Sen. Marshall |
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Reps. Keeley, M. Smith; Sen. Henry |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 109 |
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AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROHIBITED TRADE PRACTICES. |
Section 1.Amend Chapter 25, Title 6 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§2509. Products for young children;
pProhibition of bisphenol-A.
(a) No manufacturer may sell or offer
for sale in this State a children's product that contains bisphenol-A.
(b) After July 1, 2012, no merchant
may, knowingly sell or offer for sale in this State a children's product that
contains bisphenol-A.
(c) This section shall not apply to the
sale of a used children's product or to substances present in, or used in the
production or packaging of, any drug, intended for use in humans or animals, as
such term is defined in 21 U.S.C. §321, that is manufactured or distributed
consistent with the requirements of the Federal Food, Drug, and Cosmetic Act
[21 U.S.C. §301 et seq.] or the Public Health Service Act [42 U.S.C. §201 et
seq.].
(d) As used in this section:
(1) "Child" means a person
under 4 years of age.
(2)
"Children's product" means an empty bottle or cup designed to be
filled with food or liquid that is designed or intended by a manufacturer to be
used by a child.
(a) As used in this section:
(1) "Child" means a person 12 years of age or younger.
(2) "Infant formula" means a milk-based or soy-based powder,concentrated liquid, or ready-to-feed substitute for human breast milk that isintended for infant consumption and that is commercially available.
(3) "Reusable food or beverage container" means a receptacle for storing food or beverages, including but not limited to baby bottles, spill-proof cups, sports bottles, and thermoses. The term does not include food or beverage containers intended for disposal after initial usage.
(4) "Food packaging" means a container or wrapper intended for food contact used to store food and foodstuffs for sale.
(5) "Canned food" means food sterilized by heat in a closed, durable container such as tin and aluminum cans, flexible aluminum foil and thermoplastic containers including squeeze tubes.
(6) "Indirect food additive" means articles used in contact with food and substances used to manufacture them, including processing equipment, if they or their components inadvertently become a component of the food through direct contact
(7) "Food contact substance" means any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food.
(b) No person or entity shall manufacture, sell, or distribute in commerce in this state any reusable food or beverage container containing bisphenol A.
(c) No person or entity shall manufacture, sell, or distribute in commerce in this state any food intended for or marketed to children, including but not limited to infant formula that is stored in food packaging that contains bisphenol A.
(e) Manufacturers shall not replace bisphenol A, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA's "List of Chemicals Evaluated for Carcinogenic Potential" as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.
(f) Manufacturers shall not replace bisphenol A, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.
(g) Manufacturers shall not replace bisphenol A, pursuant to this section, with endocrine disrupting chemicals identified by the European Commission on the Environment.
(h) The Department of Health and Social Services shall create a process whereby citizens can petition for additional chemicals to be added to the list of prohibited bisphenol A replacements in reusable food and beverage containers based on scientific evidence demonstrating harm or potential for harm from those alternatives.
(i) All food packaging that contains bisphenol A shall display a label on the front of the package stating "this package contains bisphenol A."
(j) Manufacturers doing business in Delaware must identify the chemical identity of any and all food contact substances or indirect food additives that are used in canned food in a prominent location on the manufacturer's internet web site.
(ek)
Violation of this section shall be a class A misdemeanor. The Superior Court
shall have exclusive jurisdiction over violations of this section.
Section 2.This Act takes effect on January 1 of the year following its enactment.
SYNOPSIS
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This Act builds on previous legislation aimed at protecting children and others from the potential danger of exposure to the chemical bisphenol-A.The current version of 6 Del. C. §509 addresses only bisphenol-A in bottles and children's cups.This new version of the statute would prohibit the use of bisphenol-A in all reusable food and beverage containers, as well as the packaging of any food intended for or marketed to children (defined as those under age 12).The bill goes on to identify chemicals that may not be used as substitutes for bisphenol A.Subsection (i) requires that all food packaging containing bisphenol-A must be labeled as such.Subsection (j) requires that manufacturers identify chemicals in food contact substances or indirect food additives in canned food in a prominent location on the manufacturer's internet website. |
