HB362 Alabama 2011 Session

Summary

Primary Sponsor

Randy Davis

Republican

Co-Sponsors

Steve McMillanJamie IsonMary Sue McClurkinBecky Nordgren

Session

Regular Session 2011

Title

Bisphenol A, manufacture, sale, and distribution of children's new reusable food or beverage containers containing, prohibited, penalties

Summary

HB362 would ban the manufacture, sale, and distribution of BPA-containing children's new reusable containers and require BPA-free replacements with penalties.

What This Bill Does

After December 31, 2011, no person may manufacture, sell, or distribute in commerce a child's new reusable food or beverage container that contains BPA. If replacing BPA in these containers, the replacement must be the least toxic option and cannot be a chemical the EPA has rated as Group A, B, or C carcinogens or linked to birth defects, reproductive harm, or developmental harm. The State Health Officer would issue necessary rules to carry out the act, and the Attorney General would enforce it and may seek injunctive relief in the Montgomery County Circuit Court. Violations are a misdemeanor with fines of $100 to $500.

Who It Affects

• Manufacturers, sellers, and distributors of children's new reusable containers, who would be prohibited from making or selling BPA-containing products and would need to use safer alternatives.
• Parents, guardians, and other caregivers of children five years old or younger, who would be affected by the ban on BPA-containing containers and would need to switch to BPA-free options.

Key Provisions

• Ban on manufacturing, selling, or distributing BPA-containing children's new reusable containers after December 31, 2011.
• Replacements for BPA must use the least toxic alternative and not use chemicals rated as Group A, B, or C carcinogens or linked to birth defects, reproductive harm, or developmental harm by the EPA.
• State Health Officer to promulgate necessary rules to implement the act under the Administrative Procedure Act.
• Enforcement by the Attorney General; violations are a misdemeanor with fines between $100 and $500; injunctive relief possible in Montgomery County Circuit Court.
• Definition of child's new reusable container: a new container designed for use by a child five years old or younger, including baby bottles, spill-proof cups, sports bottles, and thermoses; excludes used or disposable containers.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses