REFERENCE TITLE: sale of BPA products; prohibition
State of Arizona
First Regular Session
Senators Hobbs, Ableser, Lopez: Farley, Meza
amending Title 41, chapter 15, article 1, Arizona Revised Statutes, by adding section 41-2053; amending title 44, Arizona Revised Statutes, by adding chapter 36; relating to products containing bisphenol A.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 15, article 1, Arizona Revised Statutes, is amended by adding section 41-2053, to read:
41-2053. Department of weights and measures enforcement fund
The department of weights and measures enforcement fund is established consisting of monies deposited pursuant to section 44-7902. The department shall administer the fund. Monies in the fund are continuously appropriated.
Sec. 2. Title 44, Arizona Revised Statutes, is amended by adding chapter 36, to read:
PRODUCTS CONTAINING BISPHENOL A
ARTICLE 1. GENERAL PROVISIONS
In this chapter, unless the context otherwise requires:
1. "Baby food" means a prepared solid food that consists of a soft paste or an easily chewed food that is intended for consumption by a person who is five years of age or less and that is commercially available.
2. "Bisphenol A" means an industrial chemical that is used primarily in the manufacture of polycarbonate plastic and epoXy resins.
3. "Child container" means an empty baby bottle or spill proof cup that the manufacturer intends to be used primarily by a person who is five years of age or less.
4. "Infant formula" means a milk based or soy based powder, concentrated liquid or ready‑to‑feed substitute for human breast milk that is intended for infant consumption and that is commercially available.
44-7902. Manufacture, sale or distribution of products containing bisphenol A; prohibition; exception; civil penalty
A. Beginning January 1, 2015, a person may not manufacture, sell, offer for sale or distribute in this state either of the following:
1. Any infant formula or baby food that is stored in a plastic container, jar or can that contains bisphenol A.
2. A child container that contains bisphenol A.
B. A person may sell or distribute the person's existing inventory of infant formula or baby food containers, jars or cans that contain bisphenol A until December 31, 2014 if the person is able to demonstrate both of the following:
1. The containers, jars or cans were purchased or acquired before the effective date of this section.
2. The containers, jars or cans were purchased or acquired in a quantity that is comparable to the quantity of containers, jars or cans that were purchased or acquired during the same period in the prior year.
C. A person who violates this section is subject to a civil penalty not to exceed five thousand dollars for each violation. A court shall collect the civil penalty and remit it to the state treasurer for deposit in the department of weights and measures enforcement fund established by section 41-2053.
44-7903. Least toxic alternative when replacing bisphenol A
A person shall use the least toxic alternative when replacing bisphenol A and may not replace bisphenol A with carcinogens that are rated by the United States environmental protection agency as group A, B or C carcinogens or reproductive toxicants that cause birth defects, reproductive harm or developmental harm as identified by the United STATES ENVIRONMENTAL protection agency.
This chapter does not apply to the sale or distribution of baby food, child containers or infant formula that is sold or offered for resale or that is distributed by consumers for consumer use.
The department of weights and measures shall enforce this chapter.