§ 1512. Bisphenol A

(a) As used in this section:

(1) “Baby food” means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two years of age or younger and that is commercially available.

(2) “Bisphenol A” means an industrial chemical used primarily in the manufacture of polycarbonate plastic and epoxy resins.

(3) “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.

(4) “Reusable food or beverage container” means a receptacle for storing food or beverages, including baby bottles, spill-proof cups, sports bottles, and thermoses. The term does not include food or beverage containers intended for disposal after initial usage. The term shall not include commercial water cooler jugs.

(b) Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any reusable food or beverage container containing bisphenol A.

(c)(1) Beginning July 1, 2012, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a plastic container or jar that contains bisphenol A.

(2) Beginning July 1, 2014, no person or entity shall manufacture, sell, or distribute in commerce in this State any infant formula or baby food stored in a can that contains bisphenol A.

(d) Manufacturers shall use the least toxic alternative when replacing bisphenol A in accordance with this section.

(e) Manufacturers shall not replace bisphenol A, pursuant to this section, with carcinogens rated by the U.S. Environmental Protection Agency (EPA) as A, B, or C carcinogens or substances listed on the EPA’s “List of Chemicals Evaluated for Carcinogenic Potential” as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being carcinogens.

(f) Manufacturers shall not replace bisphenol A, pursuant to this section, with reproductive toxicants that the EPA has identified as causing birth defects, reproductive harm, or developmental harm.

(g) A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 Vt. Stat. Ann. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies, as provided under 9 Vt. Stat. Ann. chapter 63, subchapter 1. (Added 2009, No. 112 (Adj. Sess.), § 2, eff. May 19, 2010; amended 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012.)