AB 727

Current law prohibits a person from manufacturing or selling at wholesale a

"child's container," which is defined as an empty baby bottle or spill-proof cup for use

by a child who is three years or younger, that contains bishpenol A (BPA). In

addition, a manufacturer or wholesaler of a child's container must ensure that the

container is conspicuously labeled as not containing BPA. Current law also requires

a retail seller to ensure that a child's container is so labelled, and prohibits a retail

seller from selling a child's container that contains BPA. The foregoing requirements

do not apply to the sale of a used child's container. Current law allows the

Department of Agriculture, Trade and Consumer Protection (DATCP) to commence

actions to restrain violations of the foregoing requirements. In addition, DATCP is

authorized to order manufacturers, wholesalers, and retail sellers to recall child

containers sold in violation of the requirements. A manufacturer or wholesaler who

violates the requirements is subject to a forfeiture of not less than $100 and not more

than $10,000 for each violation, and is also subject to a fine of not more than $5,000,

imprisonment for not more than one year in the county jail, or both. A retail seller

who violates the requirements is subject to a forfeiture of not less than $50 and not

more than $200 for each violation. If a court imposes a forfeiture or fine, current law

requires the court to also impose a surcharge equal to 50 percent of the forfeiture or

fine, which is appropriated to DATCP for enforcing and administering the foregoing

requirements.

This bill creates additional requirements for food containers that contain BPA.

The bill defines "food container" as any container in which any food or beverage is

intended to be enclosed for retail sale of the food or beverage. The bill prohibits the

manufacture or wholesale of food containers that contain BPA unless the

manufacturer or wholesaler ensures that the food container is conspicuously labeled

as containing BPA. The bill also prohibits a person from selling food or beverage at

retail in a container that contains BPA unless the container is conspicuously labeled

as containing BPA. The bill's requirements do not apply to sales of used food

containers.

As with violations of child container requirements under current law, the bill

authorizes DATCP to commence actions to restrain violations of the bill and to issue

recall orders. Manufacturers, wholesalers, and retailers who violate the bill are

subject to the forfeitures under current law that apply to violations of the child

container requirements. However, the bill does not subject manufacturers or

wholesalers to fines or imprisonment. If a court imposes a forfeiture under the bill,

the court must also impose a 50 percent surcharge, which is appropriated to DATCP

for enforcing and administering both the child container requirements under current

law and the food container requirements under the bill.