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S. 3412 (114th): Ban Poisonous Additives Act of 2016

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Sep 28, 2016.

Ban Poisonous Additives Act of 2016

This bill bans food containers composed, in whole or in part, of bisphenol A (BPA).

The Food and Drug Administration (FDA) may grant waivers to a facility for a particular product if the facility: (1) demonstrates that it is not technologically feasible to replace BPA in the container or to use a BPA-free container, and (2) submits to the FDA a plan and time line for removing BPA from the container. Products granted a waiver must include a warning on the label.

The FDA must promote and facilitate the use of BPA replacements. BPA may not be replaced with substances that: (1) are known or likely human carcinogens; (2) have been found by the Environmental Protection Agency (EPA) to be persistent, bioaccumulative, and toxic; (3) cause reproductive or developmental toxicity; or (4) are endocrine disrupting chemicals.

The FDA must review substances that may be found in food, including food additives and food contact substances, and take remedial action if it does not determine that there is a reasonable certainty that no harm will result from aggregate exposure, taking into consideration potential adverse effects from low-dose exposure and the effects on vulnerable populations and populations with high exposure.

This bill amends the Federal Food, Drug, and Cosmetic Act to require the manufacturer or supplier of a food contact substance to notify the FDA of the identity and intended use of the substance prior to its introduction into interstate commerce and that: (1) no adverse health effects result from low-dose exposures to the substance, and (2) the substance has not been shown to cause reproductive or developmental toxicity in humans or animals.