txt

HB 172: "An Act relating to the use of bisphenol-A and certain other substances in baby food containers, infant formula containers, and children's products, including reusable food and beverage containers; adding an unlawful act to the state's unfair trade practices act; and providing for an effective date."

00                             HOUSE BILL NO. 172                                                                          
01 "An Act relating to the use of bisphenol-A and certain other substances in baby food                                    
02 containers, infant formula containers, and children's products, including reusable food                                 
03 and beverage containers; adding an unlawful act to the state's unfair trade practices act;                              
04 and providing for an effective date."                                                                                   
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 18.31 is amended by adding a new section to read:                                                  
07              Article 4. Prohibited Substances in Children's Products.                                                 
08            Sec. 18.31.600. Prohibitions. (a) A person may not manufacture, sell, offer to                             
09       sell, or otherwise commercially distribute in the state                                                           
10                 (1)  baby food or infant formula that is contained in a plastic container                               
11       that contains bisphenol-A or a prohibited substance; or                                                           
12                 (2)  a product, including a toy and a reusable food or beverage                                         
13       container, that is intended to be used by or for a child that is under seven years of age,                        
14       if the product contains bisphenol-A or a prohibited substance.                                                    
01            (b)  In (a) of this section,                                                                                 
02                 (1)  "baby food" means a prepared solid food consisting of a soft paste                                 
03       or an easily chewed food that is intended for consumption by children who are two                                 
04       years of age or younger;                                                                                          
05                 (2)  "infant formula" means a milk-based or soy-based powder,                                           
06       concentrated liquid, or ready-to-feed substitute for human breast milk that is intended                           
07       for infant consumption;                                                                                           
08                 (3)  "prohibited substance" means a substance that is                                                   
09                      (A)  listed in the report on carcinogens issued by the United                                      
10            States Department of Health and Human Services as known to be a human                                        
11            carcinogen or reasonably anticipated to be a human carcinogen;                                               
12                      (B)  listed on the National Institute for Occupational Safety and                                  
13            Health list of carcinogens as a group 1, 2A, or 2B carcinogenic agent;                                       
14                      (C)  classified by the International Agency for Research on                                        
15            Cancer of the World Health Organization as a group 1, 2A, or 2B carcinogenic                                 
16            agent; or                                                                                                    
17                      (D)  rated by the United States Environmental Protection                                           
18            Agency as an A, B, or C carcinogen or substance on the agency's list of                                      
19            chemicals evaluated for carcinogenic potential;                                                              
20                 (4)  "reusable food or beverage container" means a receptacle for food                                  
21       or beverages, if the receptacle is not intended for disposal after initial use; in this                           
22       paragraph, "container" includes a baby bottle and a spill-proof cup.                                              
23    * Sec. 2. AS 45.50.471(b) is amended by adding a new paragraph to read:                                            
24                 (58)  violating AS 18.31.600 (prohibited substances in children's                                       
25       products).                                                                                                        
26    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
27 read:                                                                                                                   
28       TRANSITION: CURRENT INVENTORY. (a) Until a date that is six months after the                                      
29 effective date of this Act, a person may continue to sell, offer to sell, or otherwise                                  
30 commercially distribute the person's inventory of baby food or infant formula in containers                             
31 that violate AS 18.31.600, enacted by sec. 1 of this Act, if the person purchased or otherwise                          
01 acquired the containers of baby food or infant formula                                                                  
02            (1)  before the effective date of this Act; and                                                              
03            (2)  in a quantity that was comparable to the quantity of containers that the                                
04 person purchased or acquired during the six-month period immediately before the effective                               
05 date of this Act.                                                                                                       
06       (b)  Until a date that is six months after the effective date of this Act, a person may                           
07 continue to sell, offer to sell, or otherwise commercially distribute the person's inventory of                         
08 products that violate AS 18.31.600, enacted by sec. 1 of this Act, if the person purchased or                           
09 otherwise acquired the children's products                                                                              
10            (1)  before the effective date of this Act; and                                                              
11            (2)  in a quantity that was comparable to the quantity of products that the                                  
12 person purchased or acquired during the six-month period immediately before the effective                               
13 date of this Act.                                                                                                       
14       (c)  In this section, "baby food," "infant formula," and "reusable food or beverage                               
15 container" have the meanings given in AS 18.31.600, enacted by sec. 1 of this Act.                                      
16    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18       REVISOR'S INSTRUCTION. Wherever "chapter" appears in AS 18.31.010 -                                               
19 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500."                                         
20    * Sec. 5. This Act takes effect January 1, 2012.