April 22, 2010

The U.S. states of Washington and Wisconsin have recently enacted bans on specific products containing Bisphenol A (BPA).

Washington

 Washington’s ban, Substitute Senate Bill 6248, which was signed by Governor Christine Gregoire on March 19, 2010, applies to empty food and liquid containers intended for use by children three years of age or younger and includes the following provisions: 

• Beginning July 1, 2011, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the state of Washington, any bottle, cup, or other container, except a metal can, that contains BPA if that container is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children three years of age or younger and is sold or distributed at retail without containing any liquid, food, or beverage. Metal cans with interior coatings that contain BPA are exempt. A metal can is defined as a single-walled container that is manufactured from metal substrate, designed to hold or pack food or beverages and sealed by can ends manufactured from metal substrate. The metal substrate for the can and the can ends must be equal to or thinner than 0.0149 inch.
• Beginning July 1, 2012, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the state of Washington, sports bottles that contain BPA. A sports bottle is defined as a resealable, reusable container, sixty-four ounces or less in size, which is designed or intended primarily to be filled with a liquid or beverage for consumption from the container, and is sold or distributed at retail without containing any liquid or beverage.
• Manufacturers of these products must notify sellers of these restrictions and must recall products that have already been distributed and reimburse retailers or others purchasers for these recalled products.
• Manufacturers, retailers, or distributors who knowingly distribute products containing BPA in violation of these provisions are subject to a civil penalty of $5,000 for each violation that is a first offense. Repeat violators are subject to fines not exceeding $10,000 for each repeat offense.

Wisconsin

Wisconsin’s ban, Senate Bill 271, the BPA-Free Kids Act, was signed by Governor Jim Doyle on March 3, 2010. This ban, effective June 15, 2010, includes the following provisions:

• The manufacture and sale of new, empty baby bottles or spill-proof cups primarily intended for use by children three years or age or younger and which contain BPA are prohibited.   
•  Manufacturers and wholesalers who sell or offer for sale empty baby bottles or spill-proof cups that are not intended for retail sale must either ensure that these items are conspicuously labeled as not containing BPA or confirm to the buyer that these items does not contain BPA.
• A person who sells or offers for sale at retail empty baby bottles or spill-proof cups must ensure these items are conspicuously labeled as not containing BPA.
• Each item manufactured, sold, or offered for sale in violation of this ban constitutes a separate violation.  Violators of the ban may be subject to fines or imprisonment.
• This ban does not apply to the sale of used baby bottles and spill-proof cups.