Senate Bill 2637

AN ACT TO REGULATE THE USE OF CERTAIN CHEMICALS IN FOOD PRODUCTS AND FOOD PACKAGING; TO RESTRICT THE USE OF BISPHENOL A (BPA) IN FOOD PACKAGING; TO REQUIRE LABELING OF PRODUCTS WITH BISPHENOL A; TO PROVIDE APPROPRIATE INFORMATION TO CONSUMERS ABOUT POTENTIALLY HARMFUL TOXICANTS IN FOODS; TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Legislature finds that:

(a) In the course of their daily lives, people are exposed to and ingest thousands of chemicals currently added to foods and food packaging. Many of these chemicals have not been specifically reviewed, tested and approved by the United States Food and Drug Administration;

(b) While the State of Mississippi regulates the exposure rate of many toxic, carcinogenic, or otherwise harmful chemicals that are also present in food additives and food packaging, people may be exposed to these same chemicals by direct ingestion of food additives and via food packaging at significantly higher rates than through environmental exposure alone;

(c) Recent scientific studies have detected bisphenol A (BPA), listed as a chemical of high concern to children by the State Department of Health, in the vast majority of American children and adults;

(d) Many phthalates are hormone-disrupting chemicals that can cause a variety of negative health impacts. The United States National Toxicology Program concluded that five (5) commonly used phthalates are reproductive or developmental toxicants and, in 2008, Congress directed the consumer product safety commission to ban or provisionally ban the use of six phthalates in children's toys. In addition, in 2002 the United States Food and Drug Administration issued a safety alert recommending that health care providers limit the exposure of newborn males to the phthalate DEHP in medical procedures; and

(e) Exposure to BPA, phthalates and other chemicals that have not been tested for ingestion exposure risks pose a public health threat similar to, or even greater than, the risks posed by exposures to those chemicals from environmental sources.

(2) It is therefore the intent of the Legislature to reduce the ingestion of phthalates, BPA and other chemicals by children and adults, and to provide appropriate information about the presence of potentially harmful toxicants in food, food packaging, and food containers.

SECTION 2. (1) Beginning July 1, 2019, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, any bottle, cup or other container, except a metal 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 (3) years of age or younger and is sold or distributed at retail without containing any liquid, food or beverage.

(2) Beginning July 1, 2020, no manufacturer, wholesaler or retailer may manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in this state, sports bottles that contain bisphenol A.

(3) No manufacturer, wholesaler or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, any bottle, cup or reusable food and beverage container that contains phthalates individually or in combination at more than ten one-hundreths percent (0.10%) by weight or one thousand (1,000) parts per million or bisphenol A.

SECTION 3. (1) No person or entity may manufacture, sell or distribute in commerce in this state any food intended for or marketed to youth that contains or is stored in food packaging that contains phthalates individually or in combination at more than ten one-hundreths percent (0.10%) by weight or one thousand (1,000) parts per million or bisphenol A.

(2) Manufacturers may not replace bisphenol A or phthalates with the chemicals listed in subsection (3) of this section in order to comply with the requirements of subsection (1) of this section.

(3) The Department of Environmental Quality shall compile a list of prohibited alternatives to bisphenol A or phthalates composed of the following chemicals:

(a) (i) Chemicals rated by the United States Environmental Protection Agency as carcinogenic to humans, likely to be carcinogenic to humans, or suggestive evidence of carcinogenic potential as of January 1, 2015, under the 2005 guidelines for carcinogen risk assessment published pursuant to 42 USC Section 7412(o)(7).

(ii) Chemicals rated by the United States Environmental Protection Agency as a human carcinogen, probable human carcinogen, or possible human carcinogen under the 1986 guidelines for carcinogen risk assessment published in the Federal Register on September 24, 1986 (51 CFR Section 33992).

(b) Reproductive toxicants that the United States Environmental Protection Agency has identified as of January 1, 2015, as causing birth defects, reproductive harm, or developmental harm under the guidelines for reproductive toxicity risk assessment published in the Federal Register on October 31, 1996, (61 CFR Section 56274) or the guidelines for developmental toxicity risk assessment published in the Federal Register on December 5, 1991 (56 CFR Section 63798).

(c) A chemical identified by the European Commission on the Environment as of January 1, 2015, as a Category I substance for which there is at least one (1) study providing evidence of endocrine disruption in an intact organism in the report dated June 21, 2000, entitled "towards the establishment of a priority list of substances for further evaluation of their role in endocrine disruption: Preparation of a candidate list of substances as a basis for priority setting."

(d) A chemical identified by the department as a high priority chemical of high concern for children.

(e) A chemical identified by the department for inclusion on the list pursuant to Section 7 of this act.

SECTION 4. (1) All food packaging that contains bisphenol A must display a label on the front of the package stating "This package contains bisphenol A (a chemical that may harm fetal development) which can leach into the food."

(2) All food packaging that contains phthalates individually or in combination at more than ten one-hundreths percent (0.10%) by weight or one thousand (1,000) parts per million must display a label on the front of the package stating "This package contains phthalates (a type of chemical that may harm fetal development) that can leach into the food."

(3) All food packaging containing the following chemicals must be labeled on the packaging or at the point of display for retail sale with a notice that the food packaging contains a chemical that, if ingested at levels that may be present in the food, is a potential or known human carcinogen, reproductive toxin, mutagen or hazardous substance that:

(a) As of January 1, 2015, the United States Environmental Protection Agency has identified under 42 USC Chapter 103, the 2005 guidelines for carcinogen risk assessment published pursuant to 42 USC Section 7412(o)(7), the guidelines for reproductive toxicity risk assessment published in the Federal Register on October 31, 1996, (61 CFR Section 56274), or the guidelines for developmental toxicity risk assessment published in the Federal Register on December 5, 1991, (56 CFR Section 63798) as a human carcinogen, reproductive toxicant, mutagen, or hazardous substance if ingested at levels that may be present in the food;

(b) As of January 1, 2015, the State of California has identified as known to cause cancer or reproductive toxicity in the list developed pursuant to Sections 25249.5 through 25249.13 of the California Health and Safety Code.

SECTION 5. All food containing the following chemicals must be labeled on the packaging or at the point of display for retail sale with a notice that the food contains a potential or known human carcinogen, reproductive toxin, mutagen or hazardous substance:

(a) A food additive that has not been tested and shown to be safe for human consumption by the United States food and drug administration pursuant to 21 USC Chapter 9 as of January 1, 2015;

(b) A chemical that as of January 1, 2015, the United States Environmental Protection Agency has identified under 42 USC Chapter 103, the 2005 Guidelines for Carcinogen Risk Assessment published pursuant to 42 USC Section 7412(o)(7), the Guidelines for Reproductive Toxicity Risk Assessment published in the Federal Register on October 31, 1996, (61 CFR Section 56274), or the Guidelines for Developmental Toxicity Risk Assessment published in the Federal Register on December 5, 1991, (56 CFR Section 63798) as a human carcinogen, reproductive toxicant, mutagen, or hazardous substance if ingested at levels that may be present in the food;

(c) As of January 1, 2015, the State of California has identified as known to cause cancer or reproductive toxicity in the list developed pursuant to Sections 25249.5 through 25249.13 of the California Health and Safety Code.

SECTION 6. The Department of Environmental Quality may adopt rules as necessary for the purpose of implementing, administering and enforcing this act. The department may amend the rules from time to time to maintain consistency with the lists of chemicals that: (1) the State of California identifies as known to cause cancer or reproductive toxicity; (2) the United States Environmental Protection Agency identifies as a human carcinogen, reproductive toxicant, mutagen or hazardous substance; or (3) the European commission identifies as a Category One endocrine disruptor.

SECTION 7. This act shall take effect and be in force from and after July 1, 2017.