2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2009 ASSEMBLY BILL 405
January 15, 2010 - Offered by Representative Roys.
1An Act to create
20.115 (1) (ip), 100.335 and 814.75 (1d) of the statutes; relating
2to: prohibiting the manufacture and sale at wholesale or retail of certain baby
3bottles and cups for children that contain bisphenol A, creating labeling
4requirements, making an appropriation, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB405-ASA2, s. 1
20.115 (1) (ip) of the statutes is created to read:
(ip) Bisphenol A enforcement.
All moneys received under s. 100.335 7
(7), for enforcement and administration of s. 100.335.
9100.335 Child's containers containing bisphenol A. (1)
In this section, 10
"child's container" means an empty baby bottle or spill-proof cup primarily intended 11
by the manufacturer for use by a child 5 years of age or younger.
No person may manufacture or sell, or offer for sale, at wholesale in this 2
state a child's container that contains bisphenol A. A manufacturer or wholesaler 3
who sells or offers for sale in this state a child's container that is intended for retail 4
sale shall ensure the container is conspicuously labeled as not containing bisphenol 5
A. A manufacturer or wholesaler who sells or offers for sale in this state a child's 6
container that is not intended for retail sale shall do one of the following:
(a) Ensure that the container is conspicuously labeled as not containing 8
(b) Confirm to the buyer that the container does not contain bisphenol A.
No person may sell, or offer for sale, at retail in this state a child's container 11
that contains bisphenol A. A person who sells or offers for sale at retail in this state 12
a child's container shall ensure the container is conspicuously labeled as not 13
containing bisphenol A.
(a) The department may commence an action in the name of the state to 15
restrain by temporary or permanent injunction a violation of this section.
(b) The department or a district attorney may commence an action in the name 17
of the state to recover a forfeiture to the state of not less than $100 nor more than 18
$10,000 for each violation of sub. (2). A person who violates sub. (2) may be fined not 19
more than $5,000 or imprisoned for not more than one year in the county jail or both.
(c) The department or a district attorney may commence an action in the name 21
of the state to recover a forfeiture to the state of not less than $50 nor more than $200 22
for each violation of sub. (3).
(d) For purposes of this subsection, each child's container manufactured, sold, 24
or offered for sale in violation of this section constitutes a separate violation.
The department may, after notice and opportunity for hearing under s. 2
93.18, order a manufacturer or seller of a child's container in violation of this section 3
to recall the container or to repair any defects in a container that has been sold. No 4
person may refuse to comply with an order under this subsection.
This section does not apply to the sale of a used child's container.
If a court imposes a fine or forfeiture for a violation of this section, the court 7
shall impose a bisphenol A surcharge under ch. 814 equal to 50 percent of the amount 8
of the fine or forfeiture.
The bisphenol A surcharge under s. 100.335.
(1) This act takes effect on the 90th day beginning after publication.