BILL REQ. #:  H-1344.2 

READ FIRST TIME 02/10/09.   

     AN ACT Relating to the use of bisphenol A; adding a new chapter to Title 70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Alternative" or "alternatives" means a substitute process, product, material, chemical, strategy, or combination of these that serves a functionally equivalent purpose to a chemical in a consumer product.
     (2) "Department" means the department of ecology.

NEW SECTION.  Sec. 2   Beginning July 1, 2010, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any of the following:
     (1) Any bottle, cup, or other container, except a can, that contains bisphenol A if that container is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children three years of age or younger and is sold or distributed without containing any liquid, food, or beverage; or
     (2) Any sports water bottle that contains bisphenol A.

NEW SECTION.  Sec. 3   (1) By July 1, 2012, the department, in consultation with the department of health, shall conduct an alternatives assessment for bisphenol A in cans, jars, or other containers that are used to hold liquids, food, or beverages primarily for human consumption and are not prohibited under section 2 of this act. The department shall prioritize cans, jars, or other containers that are used to hold liquids, foods, or beverages designed or intended primarily for consumption by children three years of age or younger.
     (2) In conducting the alternatives assessment, the department shall use scientific studies and other relevant findings regarding bisphenol A and the alternatives to the use of bisphenol A, including any information identified in section 4 (1) through (3) of this act.
     (3) For the purpose of determining whether a safer alternative is available, the department may presume that, in the absence of persuasive evidence to the contrary:
     (a) An alternative is a safer alternative if the alternative is not a high priority chemical that is of high concern for children, as determined under RCW 70.240.030;
     (b) A safer alternative is available if the sale of the product containing bisphenol A has been banned by another state within the United States;
     (c) A safer alternative is available if the alternative is sold in the United States.

NEW SECTION.  Sec. 4   The manufacturer of a product described in section 3 of this act containing bisphenol A must provide the following information if requested by the department as part of its alternatives assessment:
     (1) Information on bisphenol A and alternatives to the use of bisphenol A;
     (2) Information on the hazard characteristics of the alternative chemicals; and
     (3) An assessment of the availability, cost, feasibility, and performance, including potential for harm to human health and the environment, of alternatives to bisphenol A and the reason the chemical is used in the manufacture of the product in lieu of identified alternatives.

NEW SECTION.  Sec. 5   (1) If the department finds, after consideration of the alternatives assessment conducted under section 3 of this act and other relevant information submitted to or obtained by the department, that one or more safer alternatives to bisphenol A are available, the department must seek public input on their findings and present them in a report to the appropriate committees of the legislature by December 31st of the year in which the findings are made.
     (2)(a) Before the department submits its report on its findings to the legislature under subsection (1) of this section, it must publish its findings in the Washington State Register and provide notice of its findings by other means designed to inform those most likely to have an interest in the findings.
     (b) After the legislative session that follows the submission of the report on findings, the department shall adopt rules that prohibit the manufacture, sale, or distribution of products found to contain bisphenol A. A product may be banned only if there is at least one product available that uses a safer alternative identified in the alternatives assessment that is approved for use by the federal food and drug administration.

NEW SECTION.  Sec. 6   (1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.
     (2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter shall recall the product and reimburse the retailer or any other purchaser for the product.

NEW SECTION.  Sec. 7   (1) A manufacturer who fails to provide information within three months of the date requested by the department under section 4 of this act may be subject to a civil penalty not to exceed five thousand dollars. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070.
     (2) A manufacturer, wholesaler, or retailer that manufacturers, knowingly sells, or distributes products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, wholesalers, or retailers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.l05D.070.
     (3) Retailers who unknowingly sell products that are restricted from sale under this chapter are not subject to the civil penalties under this chapter.

NEW SECTION.  Sec. 8   Expenses to cover the cost of administering this chapter shall be paid from the toxics control account under RCW 70.150D.070.

NEW SECTION.  Sec. 9   The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 70 RCW.