Schumer, Joined by Suffolk County Executive Levy and Suffolk Legislator Stern, Unveils New National Legislation to Rid BPA from Our Kids Plastic Tableware

Press Release

Schumer, Joined by Suffolk County Executive Levy and Suffolk Legislator Stern, Unveils New National Legislation to Rid BPA from Our Kids Plastic Tableware

BPA Still Used in Countless of Products, Including Baby Bottles and Sippy Cups

With Suffolk County Paving the Way by Passing its Own BPA Ban, Schumer's Federal Ban Would Apply to Common Products Aimed at Children 3 Yea

With infants and toddlers across Long Island still exposed to the toxic chemical bisphenol-A in their everyday baby bottles, sippy cups, other food or beverage containers, and utensils, U.S. Senator Charles E. Schumer, joined by Suffolk County Executive Steve Levy and Suffolk County Legislator Steve Stern, and Karen Joy Miller of the Huntington Breast Cancer Coalition, unveiled his new legislation, The BPA-Free Kids Act, that would ban BPA in all children's products aimed at kids age three and younger. There is widespread agreement that bisphenol-A, a chemical used to make plastics clear and shatter-resistant, could pose major health risks, affecting reproduction and neural development during early life exposure. Major U.S. retailers like Wal-Mart and Toys 'R' Us are already pulling baby bottles containing bisphenol-A from their shelves, but the toxic chemical is still pervasive in products sold in stores in Suffolk County and across the country. Earlier this month, Legislator Steve Stern introduced legislation banning the chemical in products sold in stores within the county and the Legislature passed the bill unanimously. Schumer's legislation would apply nationwide, banning the sale of children's food or beverage containers made of BPA, and would dramatically ramp up enforcement of the ban and include stiff penalties for manufacturers, importers, and stores that violate it.

"When a fire starts to burn, you don't wait for it to engulf the house before you sound the alarm. There have been enough warning signs about the dangers of this chemical that we cannot sit idly by and continue to allow vulnerable children and infants across Long Island to be exposed," Senator Schumer said. "Many manufacturers and retailers are already taking the appropriate steps to get these products off the shelves, and now we want to make sure that everyone takes the same responsible steps to protect our children."

"In this day and age of prevention, we owe it to our youngsters to minimize their exposure to potentially harmful products, especially when there are safe, toxin-free alternatives readily available," said Suffolk County Executive Steve Levy. "Once again, Suffolk County has led the state and the nation on ground-breaking legislation to protect the public, and we are fortunate to have Senator Schumer taking up the charge on the federal level."

Last May, the federal government released a draft report that found that BPA is potentially dangerous to human development and reproduction. The finding by the National Toxicology Program (NTP), a division of the Department of Health and Human Services, calls into question previous analyses of the FDA that found minimal concern related to BPA. Since the release of the NTP report, the FDA convened a Task Force to reexamine the research on this issue but Schumer's legislation would toughen enforcement and penalties across the nation and fund new research on the health effects of exposure to BPA in all age groups.

BPA is used to make plastics clear and shatter-resistant, and is commonly found in water bottles, food containers, baby bottles, some dental fillings and the coatings for the inside of cans containing foods. While BPA has earned approval by the FDA for what are called "food contact" consumer products, the Centers for Disease Control and Prevention (CDC) research has shown that 95% of tested Americans have BPA levels at or above those found to cause abnormalities in animals. Bisphenol-A has been known to mimic the hormone estrogen and recent studies have raised concerns about the hormonal impact the chemical can have on the prostate gland, mammary gland, and reproductive development of fetuses, infants, and children.

Since 1997, over 100 published studies have documented adverse effects in animals caused by exposure to low levels of BPA. Lab animals exposed to BPA have been found to be more likely to have miscarriages, prostate problems and cancers. Studies also link BPA to obesity, infertility and behavioral changes in test animals. A government panel that reviewed the safety of BPA was found to rely on studies that found no harm that were largely paid for by the chemical industry.

Today, Schumer unveiled The BPA-Free Kids Act, which prohibits the manufacture and sale of food and beverage containers composed of bisphenol A marketed for infants and toddlers. The bill protects infants and toddlers who are most vulnerable to the health risks from BPA and bans the manufacture and sale of children's food and beverage containers made of BPA marketed for children ages three and under. Products covered by the ban include baby bottles, sippy cups, bowls, plates, and other containers, as well as utensils such as spoons. The ban would take effect 180 days from enactment of the legislation.

It also mandates testing and certification by plastics and container manufacturers. The industrial chemical bisphenol A is the basic building block for polycarbonate plastic which, in turn, is used to make various products including refillable food and beverage containers. The bill requires suppliers of plastic resins sold for use in the manufacture of children's food and beverage containers to test the plastic resin and certify that it is BPA-free and also requires manufacturers of children's food and beverage containers to test the plastic resin it uses in the manufacture of such containers.

The bill requires the Consumer Product Safety Commission to audit the plastic resin test data provided to the Commission by suppliers of plastic resins and manufacturers of children's food and beverage containers. The bill also requires the Commission to randomly test children's food and beverage containers actually on store shelves to ensure that such containers are BPA-free. Additional, it requires consumer-friendly labeling. Consumers have the right to know whether the children's food and beverage containers they purchase are BPA-free. The bill ensures that consumers can identify containers made from tested materials by mandating that such containers bear the compliance statement - "Compliant with BPA-Free Kids Act 2009" - on the packaging or container itself.

The bill sets criminal and civil penalties for violations. Children's food or beverage containers made of BPA would be considered a "banned hazardous substance" under the Federal Hazardous Substances Act ("FHSA"). The bill mandates application of criminal and/or civil penalties under the FHSA for any violations of the BPA-Free Kids Act, including the testing, certification, and labeling requirements. The bill requires the Commission to report annually to Congress on its actions to enforce the BPA-Free Kids Act testing provisions, as well as whether the Commission imposed any criminal or civil penalties for violations of the Act.

A significant number of States and localities across the country are in the process of enacting laws to ban sales of containers made of BPA. The bill makes clear that the BPA-Free Kids Act would not preempt State or local laws relating to regulation of products containing BPA. The bill also clarifies that the BPA-Free Kids Act would not affect any enforcement action or liability of any person under State law.

And finally, the bill funds research to increase understanding on the health effects of exposure to BPA. The bill requires the National Institute of Environmental Health Sciences (part of NIH) to begin a five-year research initiative to increase understanding on the health effects of exposure to BPA in all age groups and in pregnant women. The NIEHS would be required to report to Congress, on an interim and final basis, the results of the initiative and the current state of science.

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