Maryland Governor Martin O’Malley (D) has signed a bill (H.B. 4/S.B. 151) prohibiting the manufacture, sale or distribution of infant formula containers with a “certain amount” of bisphenol A (BPA). Effective July 1, 2014, the legislation restricts BPA levels in the containers to not more than 0.5 parts per billion and prohibits the state from purchasing containers with BPA levels exceeding that amount. Offenders of the law would be guilty of a misdemeanor and subject to fines as high as $10,000 for each violation.

The law also calls for the Maryland Department of Health and Mental Hygiene
to report to lawmakers by September 1, 2012, on BPA federal research
findings and regulatory activities and to address the availability and safety
of BPA substitutes for infant formula containers. It authorizes the state health
secretary to suspend implementation of the BPA restriction on infant formula
containers if “the secretary certifies that the safety concerns for bisphenol A
are resolved by additional research” or if implementation “would adversely
affect the health or well-being of children or adults.”

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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