Over the years, concerns have been raised about the effects of bisphenol A (BPA) on human health, especially when it is used in food contact materials and articles (FCM).

SAFEGUARDS | Consumer Products NO. 022/19


BPA has been identified as a substance that, due to its estrogenic hormone-like properties and effects on brain development, can be particularly damaging to fetuses, babies and young children. The effects can be particularly dangerous in relation to FCM, with studies showing that BPA can be released into food and beverages. In particular, there is concern that babies may be exposed to BPA when boiling water is added to baby bottle to make formula milk.

In 2009, Suffolk County in the state of New York became the first jurisdiction in the United States (US) to regulate bisphenol A (BPA) in beverage containers for children under the age of three. Since its enactment, the use of BPA in a variety of consumer products has been highly regulated across the nation, especially those designed and intended for food contact materials and articles (FCM) for young children. These include the Federal Government, Albany County (New York), California, City of Chicago (Illinois), Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Multnomah County (Oregon), Nevada, New York, Rockland County (New York), Schenectady County (New York), Vermont, Washington, Washington DC and Wisconsin.

BPA in children’s products is also subject to reporting rules in the following states:

  • Maine: Toxic Chemicals in Children’s Products (Title 38, Chapter 16-D, Priority Chemical (PC); Chapter 882, Department of Environmental Protection)
  • Oregon: ORS § 431A.253 to § 431A.280 (High Priority Chemicals of Concern for Children’s Health, (HPCCCH); OAR 333-016 2020, Health Authority)
  • Vermont: 18 V.S.A. Chapter 38A (Chemicals of High Concern to Children (CHCC); CHCC List, Department of Health)
  • Washington: RCW Chapter 70.240 (Children’s Safe Products Act (CSPA), Chemicals of High Concern to Children (CHCC); CHCC Reporting List, Department of Ecology)

Since the beginning of 2019, bills have been introduced by some US jurisdictions to regulate BPA or BPA-analogues in certain consumer goods. These include childcare articles, containers containing food for young children, paper and toys.

Highlights of these bills are summarized in Table 1.

Jurisdiction Bill Scope Unless otherwise stated, requirement is for BPA Effective Date
Hawaii HB 139 (HD1) ‘Toxin-Free Keiki Act’ Reusable food or drink containers for children under three years of age Prohibited January 1, 2021
Illinois HB 2076 Paper for making business or banking records Prohibited, including the use of carcinogenic chemicals Date upon becoming law
New York S1076 Toys for children under three years old Prohibited December 1, 2019
Cans or other containers containing liquid, food or beverage for children three years of age or younger Prohibited December 1, 2020
S3056 (companion bill A3591) ‘Bisphenol Free Children and Babies Act’ Childcare products for children aged three and under Prohibited (BPAF, BPAP, BPB, BPF, BPS and BPZ*) December 31, 2021
* Bisphenol AF (BPAF), bisphenol AP (BPAP), bisphenol B (BPB), bisphenol F (BPF), bisphenol S (BPS) and bisphenol Z (BPZ)
  Table 1.

Throughout a global network of laboratories, SGS can offer a range of services, including analytical testing and consultancy for restricted substances, including BPA, in food contact materials and articles for the US and international markets. Please do not hesitate to contact us for further information and visit www.sgs.com/fcm.

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420

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