The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
Edward M. Augustus, Jr.
Mark C. Montigny
Steven A. Tolman
Barbara A. L'Italien
Douglas W. Petersen
William N. Brownsberger
Matthew C. Patrick
John W. Scibak
Michael F. Rush
Louis L. Kafka
James M. Murphy
Peter V. Kocot
Timothy J. Toomey, Jr.
Steven J. D'Amico
Stephen Kulik
Denis E. Guyer
Alice K. Wolf
Benjamin Swan
Anthony J. Verga
John P. Fresolo
Ruth B. Balser
Paul C. Casey
Jennifer M. Callahan
Denise Provost
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 94B of the General Laws is hereby amended by adding the following sections after Section 22.
Section 23A. Definitions
The following words as used in Section 23, unless the context otherwise requires shall have the following meanings –
“Child care article” means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or teething.
“Toy” means all products designed or intended by the manufacturer to be used by children when the play.
Section 23B. Bisphenol-A
(a) Bisphenol-A, an estrogen-mimicking hormone disrupting chemical, is used in the production of epoxy resins and is the main ingredient in hard polycarbonate plastics. The plastics are used in many food and drink packaging applications, and the cans, bottle tops, and water supply pipes.
(b) Bisphenol-A is used in many products intended for use by young children, including but not limited to, toys and baby bottles;
(c) Commencing January 1, 2008, no person or entity shall manufacture, sell or distribute toys or child care items in Massachusetts containing bisphenol-A.
Section 23C. Phthalates
(a) Phthalates are chemicals used to plasticize some food containers, plastic wrap, toys, shampoos, perfumes, and beauty products.
(b) Phthalates have been shown to have hormone disrupting effects; however, they are used in many products intended for use by young children, including, but not limited to, toys, pacifiers, baby bottles and teethers.
(c) Commencing January 1, 2008, no person or entity shall manufacture, sell, or distribute any toy or child care item in Massachusetts that contains DEHP, DBP, or BBP in concentrations exceeding 0.1 percent.
(d) Commencing January 1, 2008, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.
Section 23D. Alternatives to Bisphenol-A and Phthalates
(a) Manufacturers shall use the least toxic alternative when replacing bisphenol-A and phthalates in accordance with this chapter.
(b) Manufacturers shall not replace bisphenol-A and phthalates, pursuant to this chapter, with carcinogens rated by the United States Environmental Protection Agency as A, B, OR C carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the “List of Chemicals Evaluated for Carcinogenic Potential.”
(c) Manufacturers shall not replace bisphenol-A and phthalates, pursuant to this chapter, with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency.