Trade Law Daily is a service of Warren Communications News.

Canada Bans BPA in Baby Bottles, EPA to Take Action

The Government of Canada has issued an order prohibiting polycarbonate baby bottles that contain Bisphenol A (BPA). In a related announcement, the U.S. Environmental Protection Agency states that it will take a number of actions to address the potential environmental effects of BPA.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

(BPA is a chemical that has been used for many years in making hard plastic food containers such as baby bottles and reusable cups and the lining of metal food and beverage cans.)

Canada Prohibits Import, Sale of Plastic Baby Bottles with BPA

Part I of Schedule I to the Hazardous Products Act of Canada has been amended to include polycarbonate baby bottles that contain BPA. Therefore, effective March 11, 2010, the sale, importation, and advertisement in Canada of these products is prohibited.

Other Canadian BPA measures. Other Canadian initiatives to control BPA include: (i) Health Canada actions for food including developing stringent migration targets in canned infant formula, continuing to scrutinize pre-market submission of food packaging applications, and supporting industry in the development and implementation of codes of practice and in the evaluation of replacement options for BPA in infant formula can coatings; (ii) Environment Canada consideration of regulations to minimize the risks from releases of BPA into the environment; and (iii) funding of BPA research.

EPA Announces Actions to Address Environmental Impact of BPA

The U.S. EPA has also announced a number of actions to address the environmental impact of BPA, as releases of BPA to the environment exceed 1 million pounds per year. Accordingly, the EPA plans to:

Add to chemical concern list - add BPA to the chemical concern list on the basis of potential environmental effects;

Require test data from manufacturers - require manufacturers to provide test data to assist the agency in evaluating its possible impacts, including long-term effects on growth, reproduction, and development in aquatic organisms and wildlife;

Require info on BPA concentration in water - require information on concentrations of BPA in surface water, ground water, and drinking water to determine if BPA may be present at levels of potential concern;

Reduce unnecessary exposure - use EPA's Design for the Environment (DfE) program to look for ways to reduce unnecessary exposures, including assessing substitutes, while additional studies continue; and

Evaluate impact on children - continue to evaluate the potential disproportionate impact on children and other sub-populations through exposure from non-food packaging uses.

Working with FDA, CDC, etc. EPA is working closely with Food and Drug Administration, the Centers for Disease Control and Prevention and the National Institute of Environmental Health Sciences on research to better assess and evaluate the potential health consequences of BPA exposures, including health concerns from non-food packaging exposures that fall outside of the FDA's reach but within EPA's regulatory authority.

Will consider regulatory actions. Based on what this new research shows, EPA will consider possible regulatory actions to address health impacts from these other exposures.

(See ITT's Online Archives or 03/25/10 news, 10032535, for BP summary of five states that have enacted BPA laws.

See ITT's Online Archives or 01/21/10 news, 10012115, for BP summary of HHS announcing new steps to address emerging concerns about BPA, with links to other administrative and Congressional initiatives.

See ITT's Online Archives or 10/16/09 news, 09101625, for BP summary of EPA initiatives announced in September 2009 to reform TSCA and possibly issue a risk management plan for BPA.)

Canada Order (Canada Gazette, dated 03/31/10) available at http://canadagazette.gc.ca/rp-pr/p2/2010/2010-03-31/html/sor-dors53-eng.html

EPA press release (dated 03/29/10) available at http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/78110048d7f696d1852576f50054241a!OpenDocument