SSB 6248

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 140 L 10

Synopsis as Enacted

Brief Description: Concerning the use of bisphenol A.

Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senators Keiser, Fairley, Rockefeller, Kohl-Welles, Kline and Ranker).

Senate Committee on Health & Long-Term Care

House Committee on Environmental Health

House Committee on General Government Appropriations

Background: Bisphenol A (BPA) is a chemical that is used to harden plastic. It is found in a wide variety of products, including baby bottles, reusable water bottles, tableware, and storage containers. It is used in the thin coating on the interior of food and beverage cans to prevent corrosion and food contamination from the metals.

Potential health effects from exposure to BPA are reproductive effects and developmental effects, particularly in newborns and infants. The U.S. Food and Drug Administration (FDA) is continuing its review of current research on potential low dose effects of BPA. Some manufacturers have discontinued the use of BPA in food and beverage products used by young children.

Summary: Beginning July 1, 2011, plastic containers made with BPA and designed to hold food or beverages primarily for children under three years old may not be manufactured, sold, or distributed in Washington State.

Metal cans with interior coatings containing BPA are exempt.

Sports bottles made with BPA are banned beginning July 1, 2012. Sports bottle is defined as a resealable, reusable container, 64 ounces or less in size, that is designed or intended primarily to be filled with a liquid or beverage for consumption from the container, and is sold or distributed at retail without containing the beverage.

Manufacturers of these products must notify sellers of these restrictions and must recall products that have already been distributed and reimburse retailers or others purchasers for these recalled products.

Manufacturers, retailers, or distributors who knowingly distribute products containing BPA in violation of these provisions are subject to a civil penalty of $5,000 for each violation that is a first offense. Repeat violators are subject to fines not exceeding $10,000 for each repeat offense.

The Department of Ecology may adopt rules to implement this chapter.

Votes on Final Passage:







(House amended)




(Senate concurred)


June 10, 2010