Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0422.01 Kate Meyer x4348 HOUSE BILL 12-1174 HOUSE SPONSORSHIP Kagan, SENATE SPONSORSHIP (None), House Committees Senate Committees Economic and Business Development A BILL FOR AN ACT Concerning a prohibition on children's products that contain bisphenol A. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Bisphenol A (BPA) is a hardening agent used in some plastic products. Effective July 1, 2012, the bill prohibits the sale by a manufacturer or wholesaler of a children's product, defined as a pacifier or empty container intended for use by children under age 3 to consume food or liquids, containing BPA. Effective July 1, 2013, no person may sell or provide a children's product containing BPA. A used children's product containing BPA is excluded from the prohibitions. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 12 to article 5 of title 25 as follows: PART 12 CHILDREN'S PRODUCTS CONTAINING BISPHENOL A 25-5-1201. Short title. This part 12 shall be known and may be cited as the "Bisphenol A-free Children Act". 25-5-1202. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) Bisphenol A, commonly known as BPA, is a principal component in the production of polycarbonate rigid plastic and is used in many products intended for use by young children; (b) According to the United States centers for disease control, ninety-three percent of Americans have detectable levels of bisphenol A in their bodies; (c) Research has found that babies and toddlers have higher levels of bisphenol A in their bodies than do adults because of greater exposure and reduced capacity to metabolize bisphenol A; (d) Bisphenol A is a known estrogen-mimicking endocrine disruptor chemical; and (e) Endocrine disruption has been linked to a greater number of common ailments, including heart disease, immune system disruption, brain deterioration, type 2 diabetes, cancer, and obesity. (2) The purpose of this part 12 is to significantly reduce the harm from bisphenol A for infants and children, some of the most vulnerable members of our population. 25-5-1203. Definitions. As used in this part 12, unless the context otherwise requires: (1) "Child" means a person under three years of age. (2) "Children's product" means a pacifier or an empty container designed or intended by a manufacturer to be used by a child to consume foods or liquids, including baby bottles, baby bottle liners and cups, cup lids, straws, and sippy cups. 25-5-1204. Children's products containing bisphenol A - sale prohibited - exception. (1) (a) Beginning July 1, 2012, no manufacturer or wholesaler may sell or offer for sale any children's product containing bisphenol A. (b) Beginning July 1, 2013, no person may sell or provide in this state a children's product that contains bisphenol A. (2) This section does not apply to the sale or provision of a used children's product. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.