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Chamber opposes state ban on plastic product component
Applauds bill's intent, but suggests issue best addressed at federal level The PA Chamber is asking state lawmakers to defer to the federal government in deciding the need to establish prohibitions on certain chemicals contained in toys and children's products. Legislation (H.B. 221) is pending in the House Consumer Affairs Committee that would prohibit phthalates and Bisphenol A, or BPA, in products intended for children under 3 years old, including baby bottles, formula cans, "sippy" cups, etc. The bill would also prohibit Pennsylvania retailers from selling products containing BPA. In written comments submitted to committee members as part of a hearing on the issue, the PA Chamber applauded the legislation's intent, but raised a number of concerns with H.B. 221. First, federal law - the Consumer Product Safety Improvement Act of 2008 - already restricts the use of phthalates in toys and children's products. The law pre-empts state action, making H.B. 221's inclusion of phthalates unnecessary. With regard to BPA, numerous national and international studies conducted by government agencies such as the U.S. Food and Drug Administration; Health Canada; European Chemicals Bureau, European Food Safety Authority; and food safety agencies in numerous countries, have concluded that BPA is not harmful in food containers, even those intended for infants. At a minimum, the Chamber argued that the state should refrain from acting on the BPA issue until a second study currently being conducted by the Food and Drug Administration has been completed. The results of that study are expected in the coming months. But because the BPA prohibition would impact interstate commerce, the Chamber believes the issue is best addressed at the federal level. Otherwise, Pennsylvania manufacturers would be forced to compete on a very uneven playing field. "This is a competitiveness issue," said PA Chamber Government Affairs Director Stephanie Catarino Wissman. "Pennsylvania's neighboring states do not have a state-specific BPA restriction. If House Bill 221 were enacted, the Commonwealth would find itself at a competitive disadvantage." The legislation could impact many dozens if not hundreds of Pennsylvania manufacturers, and could cause considerable headaches for some retailers that would be banned from selling out-of-state products made with those chemicals. Only two states - Minnesota and Connecticut - have a similar ban in place. |
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