Delaware General Assembly

CHAPTER 68

FORMERLY

SENATE BILL NO. 70

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROTECTING THE HEALTH OF CHILDREN BY PROHIBITING BISPHENOL-A IN PRODUCTS FOR YOUNG CHILDREN.

WHEREAS Bisphenol A, commonly known as BPA, is an industrial chemical regularly used in the plastics industry for the production of items such as baby bottles, water bottles, food storage containers, and metal can liners; and

WHEREAS more than two million pounds of Bisphenol A are produced in the United States each year; and

WHEREAS the United States Food and Drug Administration has cited concerns about the potential effects of Bisphenol A on the brain, behavior, and the endocrinal glands of infants and children; and

WHEREAS hundreds of scientific studies have linked Bisphenol A to health effects such as miscarriage for pregnant women, as well as diabetes, obesity and cancer; and

WHEREAS infants are potentially sensitive to Bisphenol A exposure because their neurological and endocrine systems are not fully developed and their ability to detoxify and eliminate Bisphenol A is immature; and

WHEREAS the United States Centers for Disease Control and Prevention have found that ninety three percent of Americans have detectable levels of Bisphenol A in their bodies; and

WHEREAS the United States Food and Drug Administration supports reasonable steps to reduce human exposure to Bisphenol A; and

WHEREAS at least five other states have passed legislation to limit the use of Bisphenol A and additional states have had legislation introduced; and

WHEREAS industry leaders have elected to begin phasing out the use of Bisphenol A in the production of baby and sports bottles;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 25, Title 6, Delaware Code by adding a new section to read as follows:

"§2509. Products for young children; prohibition of bisphenol-A.

Approved June 30, 2011