Be it enacted by the Youth Model Legislature of the State of New Jersey that all companies will disclose the amount of BPA included in their products to consumers and no person or entity will be able to distribute or sell products with BPA intended for children.
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Section I:
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Defines BPA as Bisphenol A, a chemical compound resembling the hormone estrogen used in the creation of polycarbonate plastics.
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Section II:
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Manufactures distributing products within the State of New Jersey shall be required to disclose all products containing BPA. All products containing BPA must read “Contains Bisphenol A, a chemical compound linked to various diseases and health issues such as diabetes and heart disease."
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Section III:
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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 contains a concentration greater than .1 percent of Bisphenol-A. A toy shall be defined as an object intended for play. A child care article shall be defined as a product intended to facilitate sleeping, eating, and relaxation by the child.
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Section IV:
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A list of products containing BPA shall be made available by the Division of Consumer Affairs of the Office of the NJ Attorney General on their website and additionally available by contacting them via telephone or postal mail. The Attorney General shall oversee inspections of retailers and manufacturers to ensure compliance with this act.
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Section V:
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When replacing BPA in products the manufacturers shall use the least toxic alternative. Manufacturers shall not replace BPA with carcinogens rated by the United States Environmental Protection Agency or with reproductive toxicants that cause birth defects, reproductive or developmental harm as identified by the United States Environmental Protection Agency.
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Section VI:
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Should a company or individual fail to include the proper disclaimer on the product or continue to sell or distribute products intended for children that consist of BPA they shall be penalized. All manufactures will have 18 months to resolve inventory, production, and manufacturing issues. After the initial 18 months the company or individual will receive a penalty of 20 percent per unit sold value in payment to the State of New Jersey. Each additional year after the initial 18 months buffer period the company will be continuously penalized with a 20 percent increase in per unit penalty of the previous year. For example, after 18 months of the passage of this bill the penalty will be at 20 percent per unit sold value, after 30 months 40 percent, after 42 months 60 percent and so on. The distributed products will also be recalled at the expense of the company or individual.
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| Statement of Intent: The purpose of this Bill is to notify the consumers of New Jersey the amounts of the toxic chemical, Bisphenol A that is in the products they use. This bill will also work to lower the high health issue costs in New Jersey because BPA is linked to health problems. BPA is a chemical that resembles the hormone estrogen which is why even small amounts of BPA can cause harm. Studies have shown that people who had the highest levels of BPA in their urine were more than twice as likely to have developed diabetes and heart disease. Additionally there is a link to prostate cancer and breast cancer. Children consume a majority of their food from object lined or containing BPA which is why it is necessary that we stop the high consumption of BPA at a young age. Adults will be able to make their decision with the necessary disclaimer given to them.
Effective Date: This Bill shall take effect January 1st, 2012.
Financial Statement: Due to the fact that the Division of Consumer affairs already conducts inspections of retailers and manufacturers no additional cost will be incurred. The cost statement would be the reprinting of law books.
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* Primary Sponsor |
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