The Safe Baby Bottle Act

OLYMPIA—Seattle resident Katalin Marky stood before the House committee and explained she had unknowingly exposed her unborn child to Bisphenol-A -- a result she said came from drinking from her polycarbonate water bottle containing the chemical during her pregnancy.

Marky gave her testimony Wednesday afternoon in a hearing conducted by the House Environmental Health Committee for Substitute Senate Bill 6248, a bill banning the production of BPA in bottles, cups and bowls meant for child use under the age of three.

Bisphenol-A, or BPA, is a type of material used to harden plastic used since the 1930s. While the issue of whether BPA is safe or not continues to be researched, legislators are currently seeking its regulation. What is garnering the interest of politicians in this chemical is its usage.

In a telephone interview, bill sponsor Senator Keiser, D-Kent, said BPA is still used in baby bottles, sippy cups and cereal bowls – items linked directly to use by young children. Researchers remain concerned that BPA leaks into food and beverage when heated or used repeatedly.

Under the guidelines of SSB 6248, manufacturers of products using BPA will be required to notify retailers, recall their products, reimburse retailers and discontinue production of products containing BPA.

According to the bill, failure to meet those criteria will result in a $5,000 civil penalty for a first offense and $10,000 for repeat offenses. If the bill is passed, the bill will take effect July 1, 2011.

The public hearing began with opening remarks by Sen. Keiser.

“This is an incredibly important issue – it’s a developing issue,” she said.

Sen. Keiser said the bill is brought up as “a cautionary principle,” especially in regard to the safety of young children and infants.

Dr. Jim White, a toxicologist at the Washington State Department of Health, spoke in favor of the substitute bill.

White said current research shows an uncertainty to the safety of BPA, and that in research done on current, typical exposure to BPA, there is some concern for the health of infants and fetuses.

“One of the main principles of public health is that it’s best to prevent health problems before they occur,” White said.

According to White, Connecticut and Minnesota have also created initiatives banning or placing restrictions on BPA use, especially in baby bottles and sippy cups.

Carol Kraege, Toxics Policy Coordinator for Washington, also discussed the bill as a preemptive safety measure toward the BPA issue. “It’s prudent and appropriate to move away from it [BPA],” she said.

Jim Connelly of the Lodi Water Company, and representing the Northwest Bottled Water Association in Spokane, expressed several concerns to the substitute bill and an amendment proposed by Representative Matt Shea that adds “sports water bottles” to the list of banned products carrying BPA.

Connelly said he is concerned that consumers will no longer purchase large water containers, containers that are not being reheated or evenunder the same scrutiny as sports bottles, because of the use of “water” in the term “sports water bottles.”

Consumers are not going to believe that BPA issues are just based on the small water bottles and sales would ultimately decrease, Connelly said.

“It would ruin my business and I would close my doors,” Connelly added.

Whereas sports bottle companies are already making the switch to BPA-free products, Connelly said the three- and five-gallon water containers that are integral to his company are products water industry experts are yet unable to find viable container alternatives for.

Grant Nelson, Government Affairs Director for the Association of Washington Business, also disagreed with the water bottle terminology prescribed by the amendment.

Nelson said alternatives to using the terminology should be sought.

Representative Christine Rolfes, D-Bainbridge Island, posed a question to Nelson before he finished testifying: “Those thermoses that we pack our kids hot lunches in -- do they have BPA in them?”

“I have no idea,” Nelson replied. “I hope not.”