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BPA Bill Passes Assembly & Senate Unanimously

Posted on Jun 24, 2010
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2 kids 250  Both houses of the New York State Legislature have unanimously passed a bill to end the sale of bisphenol A-based baby bottles, sippy cups, pacifiers and straws as of December 1st of this year.  The Senate passed the measure on Tuesday 61-0, with the Assembly following suit on Wednesday in a 113-0 vote.  

If it signed by the Governor, New York will be the seventh state to pass phase out of BPA in young children's products, joining Connecticut, Maryland, Minnesota, Vermont, Washington and Wisconsin. New York is by far the largest state in population and economy to pass such a measure.  In addition, Maine has declared bisphenol A (BPA) as a "priority chemical" and will institute regulations to phase out its use in children's food and beverage containers and infant formula containers.  The Massachusetts Department of Public Health is moving forward with similar regulations to cover children's beverage containers.

"The passage of the BPA bill is just one part of my overall commitment to making the future better for our children. Bishpenol-A can be harmful to a child's health. Studies have shown that BPA has been linked to early onset of puberty, polycystic ovarian syndrome and breast and prostate cancer," said Senator Antoine Thompson, Chair of the New York State Senate Environmental Conservation Committee.
Assemblymember Steven Englebright (D, Setauket) stated "New York State has taken a significant step forward in the battle to remove BPA from products designed for infants and young children. Until the Federal government acts decisively on BPA, we must continue to push the envelope through state legislative action and public awareness campaigns until BPA ceases to be an issue because it is no longer used in children's products."
“Children are more sensitive to and are at an increased risk from chemical exposure. We must act to protect children's health from unnecessary toxic chemicals found in everyday products. It’s time to put health concerns first. The BPA restriction in baby products is an important step in the right direction” said Assemblyman Bob Sweeney, Chair, New York State Assembly Committee on Environmental Conservation.
"As the sponsor of Albany County's BPA bill, I'm very excited to see the State Legislature finally act on BPA," said Bryan Clenahan, Albany County Legislator. "I'm also glad to see that counties like Albany can continue to play a leadership role in taking action on other forms of our exposures to BPA. It's important that this issue can continue to be addressed from the grassroots up." 

BPA is used to make rigid polycarbonate plastic, including for cups, bottles, straws, and other containers and utensils. It is also used to make flexible epoxy linings for canned goods, as part of the paper used for credit card receipts and numerous other applications. Because of its widespread use, BPA is detected in 93% of Americans, according to the U.S. Centers for Disease Control, with younger children having higher levels than adults. In separate studies, infants have been shown to have the highest levels of all.  
Over 200 laboratory studies have found connections between low doses of BPA and a wide range of health effects, including obesity, infertility in males and females, brain dysfunctions, thyroid disruption, heart disease, diabetes and prostate and breast cancer. 
"It's hard enough to protect and nurture my daughter without having to worry that the bottles I use to feed her are harboring a toxic chemical that could affect her health for the rest of her life," said Kelly Allard, mother of three-month-old Brynne. "I thank the legislature for passing the Bisphenol A-Free Children and Babies Act and ask the Governor to sign it as soon as possible. Mothers across the state will thank you for making their job a little bit easier and their children healthier." 

"Despite ferocious opposition from the chemical industry, manufacturers and some retailers, the New York Senate and Assembly have acted to ban the synthetic hormone bisphenol A from the products that are most likely to expose infants and toddlers to this toxic chemical.  BPA is a dangerous chemical and New York's actions will not only protect state residents, but also help the global efforts to remove toxics from consumer products," said NYPIRG Legislative Counsel Russ Haven.


"The Bisphenol A Children and Babies Act is a victory for the residents of West Harlem.  The 99 cents stores that West Harlem residents frequent will no longer be a cause of toxic terror.  Safe children's products are a right that should be afforded to all people regardless of race and/or income. The Bisphenol A Children and Babies Act  seeks to accomplish this result," said Sharonda Williams, Environmental Policy and Advocacy Coordinator for WE ACT for Environmental Justice.

"One in seven New Yorkers has a learning disability, and bisphenol A is one of the chemicals implicated in learning disabilities and other neurological impairment. If we can eliminate young children's exposures to products made with BPA, it is a step in the right direction.  We thank Senator Thompson and Assemblyman Englebright for sponsoring the Bisphenol A Children and Babies Act," said Stephen Boese, Executive Director of the Learning Disabilities Association of New York State

“Congratulations Senator Thompson and Assemblyman Englebright on the passage of the bisphenol A free children and babies act (S 3296H/A 6919D).  This is a historic win for the familes of New York State. Huntington Breast Cancer Action Coalition, Inc. applauds this measure as an important first step to reducing our exposure to the endocrine disruptor BPA,” said Karen Miller of Huntington Breast Cancer Action Coalition, Inc.

"Protecting children from unneccessary exposure to endocrine disrupting BPA is a policy for which so many of us have fought so hard for so long, we're thrilled to be celebrating this victory," said Kathy Curtis, Policy Director for Clean New York. "But we're not there yet. Governor Paterson must sign this into law, or all of the hard work on the part of legislators, advocates and parents has been wasted. We strongly urge him to do so."
"This bill will protect New York's children from toxic chemicals. We applaud the State Senate and Assembly for taking this step to protect our families and our environment," said Saima Anjam of Environmental Advocates of New York.
"The passage of this legislation is a significant victory for our most vulnerable population.  It will improve the future health of our children and in the long run, improve overall public health.  We applaud our legislators for this positive affirmation of our State's health and well
being," said Thomas J. Lowe, RN, MPH, COHN-S, Director of Health and Safety for the New York State Nurses Association.
"This victory reflects the legitimate growing concern over BPA.  We commend the NY state legislature for taking this important action and hope it will set a precedent for other states to follow and for future action to ban BPA in all food contact substances," said Urvashi Rangan, PhD, Director of Technical Policy for Consumers Union.
Maia Boswell-Penc, Mother and author of Tainted Milk: Breastmilk, Feminisms and the Politics of Environmental Degradationsaid:  I want to thank Senator Thompson and Assemblyman Englebright for their hard work!  This is a welcome and important piece of legislation!  Parents have so much to worry about in our fast-paced society.  It is such a relief to know that now we don't have to worry about whether or not the products our children use to drink from, and to suck on are safe for their developing bodies and sensitive systems.”
Government agencies across Europe, including Germany, Denmark and France have taken positions in favor of reducing BPA exposure, especially for young children. The U.S. Food and Drug Administration has concurred with the National Toxicology Program's determination that there is cause for "some concern" about BPA's role in cancer, neurological and reproductive problems. Based on this, the U.S. Department of Health and Human Services issued recommendations for parents to reduce or avoid BPA exposures through food and beverage containers, including baby bottles.The U.S. Environmental Protection Agency has drafted an Action Plan to address BPA.
With only a few days likely left in legislative session, advocates are hopeful that a broader bill to address toxic chemicals in all children's products would also pass. The bill, S7070a (Perkins)/A. 10089a (Sweeney) is pending in the Senate Rules committee and the Assembly Ways and Means committee in the Assembly. The measures have passed out of earlier committees with bipartisan support.