HB 362 Summary

• Prohibits the manufacture, sale, and distribution of children's new reusable food or beverage containers containing Bisphenol A (BPA) effective December 31, 2011.

• Requires replacement chemicals to be the least toxic alternatives and prohibits substitutes rated by the EPA as Group A, B, or C carcinogens or identified as causing birth defects, reproductive harm, or developmental harm.

• Defines "child's new reusable food or beverage container" as receptacles designed for children five years of age or younger, including baby bottles, spill-proof cups, sports bottles, and thermoses; excludes used containers and single-use disposal containers.

• Authorizes the State Health Officer to promulgate necessary rules pursuant to the Administrative Procedure Act.

• Establishes violations as misdemeanors punishable by fines of $100 to $500, with the Attorney General authorized to enforce the act and seek injunctive relief.