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Bisphenol A under attack

Bisphenol A remains under regulatory pressure worldwide.  France is amongst the first countries to expand the ban on use of bisphenol A to all food contact materials as of 1 Jan 2015.  Numerous countries already banned the use of bisphenol A in infant food contact products. 

On 25 January 2013, the California Office of Environmental Health Hazard Assessment (OEHHA) has proposed to amend 27 CCR section 25805(b) by adding a Maximum Allowable Dose Level (MADL) of 290 micrograms per day for exposures to bisphenol A (BPA). BPA is currently under consideration for listing as known to cause reproductive toxicity under Proposition 65. If OEHHA decides not to list BPA, it will not proceed with the adoption of this proposed MADL.

As of 1 January 2013, companies are no longer allowed to use bisphenol A in baby food packaging in Belgium. An Act of 4 September 2012 introduces a new Article prohibiting the marketing, placing on the market and manufacturing of packaging containing bisphenol A for foodstuffs for children between 0 and 3 years as of 1 January 2013.  Non-compliance can result in, for example, immediate market withdrawal, imprisonment for up to six months or a fine.

On 11 December 2012, the Maine Department of Environmental Protection (DEP) released a private report it requested detailing a Bisphenol-A (BPA) Alternatives Analysis. The report focuses on the use of BPA, and endocrine disrupting chemical, in children’s products. The report indicates that polyethylene is a preferred alternative to packaging that uses a lining made from BPA due to its inexpensiveness and the fact that there are no health implications from its use.  DEP has already banned the use of BPA in baby bottles and sippy cups. It has proposed a rule that would ban the use of BPA in containers for formula and food for babies and toddlers. These regulations carry out requirements under the Toxic Chemicals in Children’s Products law, 38 MRSA §1691 et seq. This report could lead Maine to expand its regulation of BPA.

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