Sen. Dianne Feinstein, D-Calif., introduced March 12 legislation (S. 593) that would ban the use of bisphenol A in food and drink containers. BPA is used in a wide range of consumer products and scientific studies have linked it to various health problems. Feinstein said Rep. Ed Markey, D-Mass., is expected to introduce similar legislation soon in the House of Representatives.
The bill would ban BPA from being used in food and drink containers effective 180 days following enactment. Manufacturers could receive a one-year waiver from the ban if they can demonstrate that it is technologically impossible to replace BPA in that time frame. During the waiver period the manufacturer would have to work to remove BPA from its product and label the product as containing BPA. The waiver could be renewed if necessary.
Feinstein pointed out that actions are already being taken in the U.S. and abroad to eliminate the use of BPA. In 2007 the Canadian government moved to eliminate polycarbonate baby bottles that contain BPA, stating that safe alternatives are readily available. In addition, many large retailers and producers have agreed to no longer sell or produce baby bottles or plastic water bottles containing BPA.
The senator also made clear that this bill is part of an effort to change the way the U.S. regulates chemicals used in consumer goods. Specifically, the bill includes a provision that would require the Food and Drug Administration to review at least every five years its list of substances generally regarded as safe. If new evidence emerges that supports banning a substance, altering the conditions under which the substance may be introduced into interstate commerce, or imposing restrictions on the types of products for which the substance may be used, the FDA would have to remove that substance from the list.
“Our system is essentially backwards,” Feinstein argued. “Chemicals are added to products before we know much about them. To be removed from the market, a chemical must be proven to be exceedingly dangerous. I believe it should be the reverse. We should follow the lead of the European Union, and Canada, and remove chemicals until we know them to be safe.” Feinstein asserted that Congress “agreed with the precautionary approach” when it acted last year to ban six plasticizing chemicals (phthalates) from use in various childrens products.
