,,ii #aacth ,,congress #b;d ,session ,s4 #begb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #i1 #bjad,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to ban the use of bisphenol ,a in food containers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ban ,poisonous ,additives ,act of #bjad4 #b4 ,ban on use of bisphenol ,a in food and beverage containers 7a7 ,treatment of bisphenol ,a as adulterating the food or beverage 7#a7 ,in general ,for purposes of applying section #djb7;a77#f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdb7;a77#f771 a food container 7which for purposes of this ,act includes a beverage container7 that is composed1 in whole or in part1 of bisphenol ,a1 or that can release bisphenol ,a into food 7as defined for purposes of the ,federal ,food1 ,drug1 and ,cosmetic ,act71 shall be treated as a container described in such section 7relating to containers composed1 in whole or in part1 of a poisonous or deleterious substance which may render the contents injurious to health74 7#b7 ,applicability 7,a7 ,reusable food containers ,paragraph 7#a7 shall apply to reusable food containers on the date that is #ahj days after the date of enactment of this ,act4 7,b7 ,other food containers ,paragraph 7#a7 shall apply to any food container that is packed with food and is introduced or delivered for introduction into interstate commerce on or after the date that is #ahj days after the date of enactment of this ,act4 7b7 ,waiver 7#a7 ,in general ,the ,secretary1 after public notice and opportunity for comment1 may grant to any facility 7as that term is defined in section #dae of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;d77 that manufactures1 processes1 packs1 holds1 or sells the particular food product or products1 a waiver of the treatment described in subsection 7a74 7#b7 ,applicability ,a waiver granted to a facility under paragraph 7#a7 may only be applicable to a certain type of food container or containers1 as used for a particular food product or group of similar products containing similar foods4 7#c7 ,requirement for waiver ,the ,secretary may only grant a waiver under paragraph 7#a7 to a facility1 if such facility-- 7,a7 demonstrates that it is not technologically feasible to-- 7i7 replace bisphenol ,a in the certain type of container or containers for such particular food product or products2 or 7ii7 use an alternative container that does not contain bisphenol ,a for such particular food product or products2 and 7,b7 submits to the ,secretary a plan and timeline for removing bisphenol ,a from such type of container or containers for that food product or products4 7#d7 ,labeling 7,a7 ,in general ,any product for which the ,secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol ,a that states1 bisphenol ,a 7,,bpa7 is a chemical that can leach into food and may harm prenatal development and the health of children and adults4 7,b7 ,additional requirement ,the prominent warning required under subparagraph 7,a7 shall include information to ensure adequate public awareness of potential health effects associated with bisphenol ,a4 7#e7 ,duration 7,a7 ,initial waiver ,any waiver granted under paragraph 7#a7 to a facility for a food container or containers shall be valid for not longer than #a year after the date on which subsection 7a7 is applicable to such food container or containers4 7,b7 ,renewal of waiver ,the ,secretary may renew any waiver granted under paragraph 7#a7 for periods of not more than #a year1 provided that the ,secretary reaffirms that it is not technologically feasible to replace bisphenol ,a in such type of container or containers for such particular food product or products or use an alternative container that does not contain bisphenol ,a for such particular food product or products4 7c7 ,substances used ,to replace ,bisphenol ,a ,the ,secretary shall1 to the extent possible1 promote1 facilitate1 and incentivize the use of safer alternatives to replace bisphenol ,a1 and as such bisphenol ,a shall not be replaced in food containers with substances that-- 7#a7 are known or are likely human carcinogens2 7#b7 have been found by the ,environmental ,protection ,agency to be persistent1 bioaccumulative1 and toxic2 7#c7 cause reproductive or developmental toxicity2 or 7#d7 are endocrine disrupting chemicals4 7d7 ,reexamination of approved food additives1 effective food contact substance notifications1 and substances that are generally recognized as safe 7#a7 ,plan and schedule ,not later than #a year after the date of enactment of this ,act1 after opportunity for comment1 the ,secretary1 acting through the ,commissioner of ,food and ,drugs shall publish a plan and schedule for the selection of substances under paragraph 7#b7 and the review of substances under paragraph 7#e74 7#b7 ,selection of substances ,not later than #a year after the date of enactment of this ,act and not less than once every #c years thereafter1 the ,secretary1 acting through the ,commissioner of ,food and ,drugs1 shall1 based on the factors under paragraph 7#d71 select substances to review under paragraph 7#e74 ,such selection shall be made from among-- 7,a7 substances authorized as a food additive under any regulations issued under section #dji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh72 7,b7 substances that are the subject of any sanction or approval as described in section #bja7s77#d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7s77#d772 7,c7 substances that are the subject of an effective food contact substance notification1 as described in section #dji7;h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh7;h772 7,d7 substances that are generally recognized as safe1 as listed in part #ahb of title #ba1 ,code of ,federal ,regulations 7or any successor regulations72 7,e7 direct food substances affirmed as generally recognized as safe1 as listed in part #ahd of title #ba1 ,code of ,federal ,regulations 7or any successor regulations72 and 7,f7 indirect food substances affirmed as generally recognized as safe1 as listed in part #ahf of title #ba1 ,code of ,federal ,regulations 7or any successor regulations74 7#c7 ,notice and comment ,the selection of substances under paragraph 7#b7 shall be subject to notice and comment4 7#d7 ,priorities ,in selecting substances under paragraph 7#b71 the ,secretary shall take into consideration the following factors3 7,a7 ,whether1 based on new scientific information1 the ,secretary determines that there is a possibility that there is no longer a reasonable certainty that no harm will result from aggregate exposure to such substance through food containers composed1 in whole or in part1 of such substance1 taking into consideration-- 7i7 potential adverse effects from low dose exposure2 and 7ii7 the effects of exposure on vulnerable human populations4 7,b7 ,whether1 since the introduction of such substance into interstate commerce1 there has been a significant increase in the amount of such substance found in-- 7i7 sources of drinking water2 or 7ii7 products that are likely to be used by vulnerable human populations4 7,c7 ,whether such substance has been approved by the ,food and ,drug ,administration to be used in the lining of canned food4 7#e7 ,review of substances and ,secretarial determination 7,a7 ,in general ,not later than #a year after the date on which a substance is selected under paragraph 7#b71 the ,secretary shall determine whether there is a reasonable certainty that no harm will result from aggregate exposure to such substance1 taking into consideration-- 7i7 potential adverse effects from low dose exposure2 and 7ii7 the effects of exposure on vulnerable human populations4 7,b7 ,notice and comment ,the determination made under subparagraph 7,a7 shall be subject to notice and comment4 7#f7 ,remedial action 7,a7 ,in general ,upon a determination under paragraph 7#e7 that there is not a reasonable certainty that no harm will result from aggregate exposure to a substance through food containers composed1 in whole or in part1 of such substance-- 7i7 if the substance is not defined as a food contact substance under the ,federal ,food1 ,drug1 and ,cosmetic ,act1 the substance shall be subject to subsections 7a77#c7 and 7h7 of section #dji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh7;a77#c7 and 7h771 subject to the process under subparagraph 7,b72 7ii7 if the substance is defined as a food contact substance under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq471 the substance shall be subject to subparagraph 7,c72 and 7iii7 the ,secretary shall1 to the extent practicable1 promote1 facilitate1 and incentivize the use of safer alternatives as replacements for such substance4 7,b7 ,treatment of substances that are not defined as food contact substances ,the process under this subparagraph is as follows3 7i7 ,one year after the determination under paragraph 7#e7 for a substance subject to the process under this subparagraph-- 7,i7 any regulation issued under section #dji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh7 that authorizes any use of the substance as a food additive 7including sections #agg4aehj1 #agg4addj1 #agg4bbhj1 and #age4cjj7;b77#c77viii7 of title #ba1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act72 and 7,,ii7 any sanction or approval as described in section #bja7s77#d7 of such ,act 7#ba ,u4,s4,c4 #cba7s77#d77 regarding such substance1 shall be deemed revoked4 7ii7 ,upon receipt of a food contact notification for a food contact substance containing a substance subject to the process under this subparagraph1 the ,secretary shall review the notification under the authority described in subsections 7a77#c7 and 7h7 of section #dji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh7;a77#c7 and 7h774 7,c7 ,treatment of substances defined as food contact substances 7i7 ,one year after the determination under paragraph 7#e7 for a substance that is subject to this subparagraph1 all effective notifications for the use of such substance under the authority described in subsections 7a77#c7 and 7h7 of section #dji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh7;a77#c7 and 7h77 shall be reviewed by the ,secretary4 7ii7 ,upon receipt of a food contact notification for a food contact substance containing a substance that is subject to this subparagraph1 the ,secretary shall review the notification under the authority described in subsections 7a77#c7 and 7h7 of section #dji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh7;a77#c7 and 7h774 7e7 ,savings provision ,nothing in this ,act shall affect the right of a ,state1 political subdivision of a ,state1 or ,indian tribe to adopt or enforce any regulation1 requirement1 liability1 or standard of performance that is more stringent than a regulation1 requirement1 liability1 or standard of performance under this ,act or that-- 7#a7 applies to a product category not described in this ,act2 or 7#b7 requires the provision of a warning of risk1 illness1 or injury associated with the use of food containers composed1 in whole or in part1 of bisphenol ,a4 7f7 ,definitions ,for purposes of this section3 7#a7 ,endocrine disrupting chemical ,the term endocrine disrupting chemical means an exogenous agent that causes adverse effects1 such as by interfering with the production1 release1 transport1 metabolism1 binding1 action1 or elimination of the natural hormones in the body responsible for the maintenance of homeostasis and the regulation of developmental processes4 7#b7 ,reusable food container ,the term reusable food container means a reusable food container that does not contain a food item when it is introduced or delivered for introduction into interstate commerce4 7#c7 ,safer alternative ,the term safer alternative means an option1 that is safer for humans and the environment than the existing chemical or process1 including-- 7,a7 chemical or process substitution2 7,b7 chemical or process re-formulation or re-design2 and 7,c7 chemical or process elimination or phase-out4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#e7 ,vulnerable human population ,the term vulnerable human population means a human population that is subject to the potential for disproportionate exposure to1 or the potential for disproportionate adverse effect from exposure to1 a chemical substance or mixture1 including-- 7,a7 infants1 children1 and adolescents2 7,b7 pregnant women2 7,c7 the elderly2 7,d7 individuals with preexisting medical conditions2 7,e7 workers who may be exposed to chemical substances and mixtures2 7,f7 residents in communities subject to disproportionate exposures2 and 7,g7 members of any other appropriate population identified by the ,secretary4 #c4 ,amendments to section #dji of the ,federal ,food1 ,drug1 and ,cosmetic ,act ,section #dji7;h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh7;h77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking manufacturer or supplier of a food contact substance may and inserting manufacturer or supplier of a food contact substance shall2 7,b7 by inserting 7,a7 after notify the ,secretary of2 7,c7 by striking 1 and of and inserting 2 7,b72 and 7,d7 by striking the period after subsection 7c77#c77;,a7 and inserting 2 7,c7 the determination of the manufacturer or supplier that no adverse health effects result from low-dose exposures to the food contact substance2 and 7,d7 the determination of the manufacturer or supplier that the substance has not been shown1 after tests which are appropriate for the evaluation of the safety of food contact substances1 to cause reproductive or developmental toxicity in humans or animals42 and 7#b7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,in this section-- 7,a7 the term food contact substance means any substance intended for use as a component of materials used in manufacturing1 packing1 packaging1 transporting1 or holding food if such use is not intended to have any technical effect in such food2 and 7,b7 the term reproductive or developmental toxicity means biologically adverse effects on the reproductive systems of female or male humans or animals1 or on developing organisms that may result from exposure prior to conception1 during prenatal development1 or until the time of sexual maturation1 that may include female or male reproductive system development1 fertility1 pregnancy1 pregnancy outcomes1 or modifications in other functions that are dependent on the integrity of the reproductive system or effects on the developing organism1 including death1 structural abnormality1 altered growth1 or functional deficiency4 4 #d4 ,report to ,congress ,not later than #b years after the date of enactment of this ,act and at least once during every #b-year period thereafter1 the ,secretary shall submit a report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 ,such report shall include-- 7#a7 a list of waivers granted under section #b7;b77#a71 including a description of the basis for each such waiver2 7#b7 a list of substances selected for review under section #b7;c77#b7 and the anticipated timeline for future selections of additional substances2 7#c7 for each substance reviewed under section #b7;c77#e71 the outcome of such review1 and the anticipated timeline for review of additional substances2 7#d7 a description of all remedial action taken under section #b7;c77#f72 and 7#e7 for bisphenol ,a and any other substance determined not to have a reasonable certainty of no harm under section #b7;c77#e71 a review of the potential alternatives to that substance that are available or being developed for use in food and beverage containers4