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AB923,1,6 1An Act to renumber 100.335 (2) and 100.335 (3); to renumber and amend
2100.335 (1); to amend 100.335 (title), 100.335 (4) (b), 100.335 (4) (c), 100.335
3(4) (d), 100.335 (5) and 100.335 (6); and to create 100.335 (1) (b), 100.335 (2)
4(title), 100.335 (3m), 100.335 (4) (title) and 100.335 (7) (title) of the statutes;
5relating to: manufacture and sale of food and beverage containers that contain
6bisphenol 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 1Section 1. 100.335 (title) of the statutes is amended to read:
AB923,2,3 2100.335 (title) Child's containers containing Containers and bisphenol
3A.
AB923,2 4Section 2. 100.335 (1) of the statutes is renumbered 100.335 (1) (intro.) and
5amended to read:
AB923,2,66 100.335 (1) Definitions. (intro.) In this section, “child's:
AB923,2,8 7(a) “Child's container" means an empty baby bottle or spill-proof cup primarily
8intended by the manufacturer for use by a child 3 years of age or younger.
AB923,3 9Section 3. 100.335 (1) (b) of the statutes is created to read:
AB923,2,1110 100.335 (1) (b) “Food container" means any container in which any food or
11beverage is intended to be enclosed for retail sale of the food or beverage.
AB923,4 12Section 4. 100.335 (2) (title) of the statutes is created to read:
AB923,2,1313 100.335 (2) (title) Child's containers.
AB923,5 14Section 5. 100.335 (2) of the statutes is renumbered 100.335 (2) (am).
AB923,6 15Section 6. 100.335 (3) of the statutes is renumbered 100.335 (2) (bm).
AB923,7 16Section 7. 100.335 (3m) of the statutes is created to read:
AB923,3,4
1100.335 (3m) Food containers. (a) No person may manufacture or sell, or offer
2for sale, at wholesale in this state a food container that contains bisphenol A unless
3the person ensures that the food container is conspicuously labeled as containing
4bisphenol A.
AB923,3,75 (b) No person may sell, or offer for sale, food or beverage at retail in a food
6container that contains bisphenol A unless the food container is conspicuously
7labeled as containing bisphenol A.
AB923,8 8Section 8. 100.335 (4) (title) of the statutes is created to read:
AB923,3,99 100.335 (4) (title) Enforcement.
AB923,9 10Section 9. 100.335 (4) (b) of the statutes is amended to read:
AB923,3,1511 100.335 (4) (b) The department or a district attorney may commence an action
12in the name of the state to recover a forfeiture to the state of not less than $100 nor
13more than $10,000 for each violation of sub. (2) (am) or (3m) (a). A person who
14violates sub. (2) (am) may be fined not more than $5,000 or imprisoned for not more
15than one year in the county jail or both.
AB923,10 16Section 10. 100.335 (4) (c) of the statutes is amended to read:
AB923,3,1917 100.335 (4) (c) The department or a district attorney may commence an action
18in the name of the state to recover a forfeiture to the state of not less than $50 nor
19more than $200 for each violation of sub. (3) (2) (bm) or (3m) (b).
AB923,11 20Section 11. 100.335 (4) (d) of the statutes is amended to read:
AB923,3,2321 100.335 (4) (d) For purposes of this subsection, each child's container or food
22container
manufactured, sold, or offered for sale in violation of this section
23constitutes a separate violation.
AB923,12 24Section 12. 100.335 (5) of the statutes is amended to read:
AB923,4,5
1100.335 (5) Orders. The department may, after notice and opportunity for
2hearing under s. 93.18, order a manufacturer or seller of a child's container or food
3container
in violation of this section to recall the container or to repair any defects
4in a container that has been sold. No person may refuse to comply with an order
5under this subsection.
AB923,13 6Section 13. 100.335 (6) of the statutes is amended to read:
AB923,4,87 100.335 (6) Exemption. This section does not apply to the sale of a used child's
8container or food container.
AB923,14 9Section 14. 100.335 (7) (title) of the statutes is created to read:
AB923,4,1010 100.335 (7) (title) Surcharge.
AB923,15 11Section 15. Effective date.
AB923,4,1312 (1) This act takes effect on the first day of the 4th month beginning after
13publication.
AB923,4,1414 (End)
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