AB 923

This bill creates requirements for food containers that contain bisphenol A

(BPA) that are similar to requirements for children's containers under current law.

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

intended to be enclosed for the 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.

The bill authorizes the Department of Agriculture, Trade and Consumer

Protection to bring actions to restrain violations of the bill and to order

manufacturers, wholesalers, and retail sellers to recall food containers sold in

violation of the bill. The bill also subjects a manufacturer or wholesaler who violates

the bill to a forfeiture of not less than $100 and not more than $10,000 for each

violation, and retail sellers to a forfeiture of not less that $50 and not more than $200

for each violation. In addition, the bill requires a court that imposes a forfeiture

under the bill to 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.