HOUSE BILL 22

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Karen E. Giannini

AN ACT

RELATING TO PUBLIC HEALTH; BANNING THE MANUFACTURE, SALE AND DISTRIBUTION OF CHILDREN'S NEW REUSABLE FOOD OR BEVERAGE CONTAINERS THAT CONTAIN BISPHENOL A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. PROHIBITION OF THE MANUFACTURE, SALE OR DISTRIBUTION OF CHILDREN'S NEW REUSABLE FOOD OR BEVERAGE CONTAINERS CONTAINING BISPHENOL A--REPLACEMENT CHEMICALS--PENALTY.--

          A. After December 31, 2011, no person shall manufacture, sell or distribute in commerce a child's new reusable food or beverage container that contains bisphenol A.

          B. A person shall use the least toxic alternative when replacing bisphenol A in a child's new reusable food or beverage container for the purposes of Subsection A of this section. The person shall not replace bisphenol A with chemicals that the United States environmental protection agency has:

                (1) rated as Group A, B or C carcinogens; or

                (2) identified as causing birth defects, reproductive harm or developmental harm.

          C. The secretary of environment shall promulgate any regulations necessary to carry out the provisions of this act.

          D. A person who violates this section, or regulations the department of environment has promulgated pursuant to this section, is guilty of a misdemeanor and may be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). The attorney general shall enforce the provisions of this section and may petition the district court for injunctive relief to prevent a person from violating this section.

          E. For the purposes of this section, "child's new reusable food or beverage container" means a new receptacle for storing food or beverage that is designed or intended by a manufacturer to be used by an individual five years of age or younger, including, but not limited to, baby bottles, spill-proof cups, sports bottles and thermoses. "Child's new reusable food or beverage container" does not mean a used food or beverage container or a food or beverage container intended for disposal after initial use.

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