THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CURRY, BELFANTI, BEYER, BRENNAN, CALTAGIRONE, COHEN, CREIGHTON, CRUZ, FRANKEL, GOODMAN, JOSEPHS, KORTZ, MAHONEY, MANN, McILVAINE SMITH, MELIO, MUNDY, M. O'BRIEN, PETRARCA, PRESTON, RAPP, SIPTROTH, STURLA, SWANGER, THOMAS, WALKO, WANSACZ AND YOUNGBLOOD, FEBRUARY 3, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 3, 2009  

AN ACT

Amending the act of December 17, 1968 (P.L.1224, No.387),

entitled "An act prohibiting unfair methods of competition

and unfair or deceptive acts or practices in the conduct of

any trade or commerce, giving the Attorney General and

District Attorneys certain powers and duties and providing

penalties," providing for toxin-free toddler and baby

products.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of December 17, 1968 (P.L.1224, No.387),

known as the Unfair Trade Practices and Consumer Protection Law,

reenacted and amended November 24, 1976 (P.L.1166, No.260), is

amended by adding a section to read:

Section 9.4.  Toxin-Free Toddler and Baby Products.--(a)  (1)

No person or entity shall manufacture, sell or distribute any

toy or child-care article that contains di(2-ethylhexyl)

phthalate (DEHP), dibutyl phthalate (DBP) or benzyl butyl

phthalate (BBP) in concentrations exceeding 0.1 per cent.

(2)  No person or entity shall manufacture, sell or

distribute any toy or child-care article intended for use by a

child under three years of age if that product can be placed in

the child's mouth and contains diisononyl phthalate (DINP),

diisodecyl phthalate (DIDP) or di-n-octyl phthalate (DnOp) in

concentrations exceeding 0.1 per cent.

(3)  No person or entity shall manufacture, sell or

distribute any bottle, cup or other container that contains

bisphenol A at a level above 0.1 parts per billion (ppb) if the

container is designed or intended to be filled with any liquid,

food or beverage primarily for consumption from that container

by infants or children three years of age or younger.

(4)  The provisions in clause (3) shall not apply to food and

beverage containers designed or intended primarily to contain

liquid, food or beverages for consumption by the general

population.

(5)  The provisions in clause (3) shall not apply to any

liquid, food or beverage in a can or jar that contains bisphenol

A.

(b)  (1)  Manufacturers shall use the least toxic alternative

when replacing bisphenol A in containers and when replacing

phthalates in accordance with this section.

(2)  Manufacturers shall not replace bisphenol A and

phthalates pursuant to this chapter with carcinogens rated by

the United States Environmental Protection Agency as A, B or C

carcinogens or substances listed as known or likely carcinogens,

known to be human carcinogens, likely to be human carcinogens or

suggestive of being human carcinogens, as described in the "List

of Chemicals Evaluated for Carcinogenic Potential."

(3)  Manufacturers shall not replace bisphenol A and

phthalates pursuant to this chapter with reproductive toxicants

that cause birth defects, reproductive harm or developmental

harm, as identified by the United States Environmental

Protection Agency.

Section 2.  This act shall take effect in 60 days.