[Adopted 3-3-2009 by L.L. No. 6-2009 (Ch. 323, Art. I, of
the 1985 Code)]
[Amended 3-24-2009 by L.L. No. 7-2009]
A.
This Legislature hereby finds and determines that Bisphenol A (BPA)
is a chemical commonly contained in polycarbonate plastics, including
baby bottles and cups designed for use by young children.
B.
This Legislature also finds that some studies may suggest that BPA
is a synthetic estrogen which may disrupt healthy human development
and that studies have suggested a possible link between BPA and an
altered immune system, hyperactivity, reproductive health problems,
increased risk of breast and prostate cancer, obesity, and diabetes.
C.
This Legislature further finds and determines that some amounts of
BPA may be released into beverages from containers under certain conditions.
D.
This Legislature expresses concern about exposure to BPA to infants
and young children.
E.
This Legislature further finds and determines that several states
and federal legislators have started considering a ban or phase-out
of BPA in beverage containers designed for use by young children.
F.
This Legislature finds that Suffolk County is committed to protecting
the public health and welfare of our County's infants and young
children who may be vulnerable to the potential health hazards caused
by BPA.
G.
Therefore, the purpose of this article is to reduce the exposure
of infants and young children to BPA.
As used in this article, the following terms shall have the
meanings indicated:
Bisphenol A.
Any unfilled bottle, cup, cup lid, straw or other container
intended to be used by children under the age of three years old for
the consumption of liquids.
[Amended 3-24-2009 by L.L. No. 7-2009]
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
No person shall sell or offer for sale children's beverage
containers that contain BPA within the County of Suffolk.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II, §§ 760-202 through 760-220, of the Suffolk County Sanitary Code.
The Commissioner of the Suffolk County Department of Health
Services is hereby authorized and empowered to promulgate such rules
and regulations as he or she deems necessary to implement this article.
Any person who knowingly violates the provisions of this article
shall be subject to a civil penalty of $500 for an initial violation
of this article and a penalty of $1,000 for each subsequent violation.
This article shall apply to any and all actions occurring on
or after the effective date of this article.
This article shall take effect on the 90th day immediately subsequent
to filing in the Office of the Secretary of State.
