AB923: Bill Text

AB923,1,6 An Act to renumber 100.335 (2) and 100.335 (3); to renumber and amend 100.335 (1); to amend 100.335 (title), 100.335 (4) (b), 100.335 (4) (c), 100.335 (4) (d), 100.335 (5) and 100.335 (6); and to create 100.335 (1) (b), 100.335 (2) (title), 100.335 (3m), 100.335 (4) (title) and 100.335 (7) (title) of the statutes; relating to: manufacture and sale of food and beverage containers that contain bisphenol A and providing penalties.

Analysis by the Legislative Reference Bureau

This bill creates requirements for food containers that contain bisphenol A (BPA) that are similar to requirements for children's containers under current law. The bill defines “food container" as any container in which any food or beverage is intended to be enclosed for the retail sale of the food or beverage. The bill prohibits the manufacture or wholesale of food containers that contain BPA unless the manufacturer or wholesaler ensures that the food container is conspicuously labeled as containing BPA. The bill also prohibits a person from selling food or beverage at retail in a container that contains BPA unless the container is conspicuously labeled as containing BPA. The bill's requirements do not apply to sales of used food containers.

The bill authorizes the Department of Agriculture, Trade and Consumer Protection to bring actions to restrain violations of the bill and to order manufacturers, wholesalers, and retail sellers to recall food containers sold in violation of the bill. The bill also subjects a manufacturer or wholesaler who violates the bill to a forfeiture of not less than $100 and not more than $10,000 for each violation, and retail sellers to a forfeiture of not less that $50 and not more than $200 for each violation. In addition, the bill requires a court that imposes a forfeiture under the bill to also impose a 50 percent surcharge, which is appropriated to DATCP for enforcing and administering both the child container requirements under current law and the food container requirements under the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB923,1 Section 1. 100.335 (title) of the statutes is amended to read:

AB923,2,3 100.335 (title) Child's containers containing Containers and bisphenol A.

AB923,2 Section 2. 100.335 (1) of the statutes is renumbered 100.335 (1) (intro.) and amended to read:

AB923,2,6 100.335 (1) Definitions. (intro.) In this section, “child's:

AB923,2,8 (a) “Child's container" means an empty baby bottle or spill-proof cup primarily intended by the manufacturer for use by a child 3 years of age or younger.

AB923,3 Section 3. 100.335 (1) (b) of the statutes is created to read:

AB923,2,11 100.335 (1) (b) “Food container" means any container in which any food or beverage is intended to be enclosed for retail sale of the food or beverage.

AB923,4 Section 4. 100.335 (2) (title) of the statutes is created to read:

AB923,2,13 100.335 (2) (title) Child's containers.

AB923,5 Section 5. 100.335 (2) of the statutes is renumbered 100.335 (2) (am).

AB923,6 Section 6. 100.335 (3) of the statutes is renumbered 100.335 (2) (bm).

AB923,7 Section 7. 100.335 (3m) of the statutes is created to read:

AB923,3,4 100.335 (3m) Food containers. (a) No person may manufacture or sell, or offer for sale, at wholesale in this state a food container that contains bisphenol A unless the person ensures that the food container is conspicuously labeled as containing bisphenol A.

AB923,3,7 (b) No person may sell, or offer for sale, food or beverage at retail in a food container that contains bisphenol A unless the food container is conspicuously labeled as containing bisphenol A.

AB923,8 Section 8. 100.335 (4) (title) of the statutes is created to read:

AB923,3,9 100.335 (4) (title) Enforcement.

AB923,9 Section 9. 100.335 (4) (b) of the statutes is amended to read:

AB923,3,15 100.335 (4) (b) The department or a district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of sub. (2) (am) or (3m) (a). A person who violates sub. (2) (am) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.

AB923,10 Section 10. 100.335 (4) (c) of the statutes is amended to read:

AB923,3,19 100.335 (4) (c) The department or a district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $50 nor more than $200 for each violation of sub. (3) (2) (bm) or (3m) (b).

AB923,11 Section 11. 100.335 (4) (d) of the statutes is amended to read:

AB923,3,23 100.335 (4) (d) For purposes of this subsection, each child's container or food container manufactured, sold, or offered for sale in violation of this section constitutes a separate violation.

AB923,12 Section 12. 100.335 (5) of the statutes is amended to read:

AB923,4,5 100.335 (5) Orders. The department may, after notice and opportunity for hearing under s. 93.18, order a manufacturer or seller of a child's container or food container in violation of this section to recall the container or to repair any defects in a container that has been sold. No person may refuse to comply with an order under this subsection.

AB923,13 Section 13. 100.335 (6) of the statutes is amended to read:

AB923,4,8 100.335 (6) Exemption. This section does not apply to the sale of a used child's container or food container.

AB923,14 Section 14. 100.335 (7) (title) of the statutes is created to read:

AB923,4,10 100.335 (7) (title) Surcharge.

AB923,15 Section 15. Effective date.

AB923,4,13 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB923,4,14 (End)