US/Minnesota – Approval on Prohibition of Bisphenol-A (BPA) in Children's Food Containers

On May 16, 2013, the Governor of the State of Minnesota signed the House bill HF 4591 prohibiting the sale of containers of baby food, infant formula and toddler food with intentionally added Bisphenol-A (BPA). Following are the effective dates of the Act:

  1. Manufacturer or wholesaler shall not knowingly sell or offer for sale above products that contains intentionally added BPA beginning August 1, 2014.
  2. Retailer shall not knowingly sell or offer for sale above products that contains intentionally added BPA beginning August 1, 2015.

In addition, beginning August 1, 2014, manufacturers shall not replace BPA with a chemical that is known or suspected with a high probability to:

  • harm the normal development of a fetus or child or cause other developmental toxicity;
  • cause cancer, genetic damage, or reproductive harm;
  • disrupt the endocrine or hormone system; or
  • damage the nervous system, immune system, or organs, or cause other systemic toxicity.

Key definitions from the Act:

  • "Baby food" means a prepared solid food consisting of a soft paste or an easily chewed food that is primarily intended for consumption by children two years of age or younger and is commercially available.
  • "Infant formula" means a liquid or powder that purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.
  • "Toddler food" means any food or beverage, other than baby food or infant formula that is primarily intended for consumption by children under three years of age. Toddler food in can containers is not included in this definition.
  • "Container" means a receptacle, box, can, or jar, including a lid that is in direct physical contact with a children's food product.

 1 https://www.revisor.mn.gov/laws/?id=71&doctype=Chapter&year=2013&type=0

For further information, please contact:
Intertek APAC
Charles Sa
Tel: +852 2173 8632
Email: charles.sa@intertek.com