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Chemical Legislation in Delaware

Ban on BPA in Children’s Food and Beverage Products 

On June 30, 2011, the Governor of Delaware signed into law a ban on BPA in children’s products. The law prohibits manufacturers from selling or offering to sell any children’s product containing BPA. After July 1, 2012, the prohibition is extended to merchants as well. A children’s product is defined as any bottle or cup capable of being filled with food or liquid intended for use by a child under four years of age. 

Delaware Code Chapter 25, Title 6 § 2509

Children’s Toy Safety Act 

On July 16, 2008, the Governor of Delaware signed into law a restriction on the use of toxic substances in children’s toys. The law prohibits the knowing sale, offer for sale, or transfer of a toy containing lead, or a toy with a coating containing lead, in excess of federal limits established by the Consumer Product Safety Commission (CPSC). The prohibition also applies to toys containing any other toxic substances deemed by the CPSC to be toxic or harmful to the health of children less than 12 years of age. The ban also applies to toys that are “unsafe,” which is any toy meeting at least one of the following criteria: (1) the toy does not comply with federal standards; (2) the toy is the subject of a recall; or (3) a state or federal agency has issued an imminent hazard warning for the toy. 

Delaware Code, Title 6, Chapter 25C

HS 1 (substituted for HB 362)

Recognizing the Health Concerns of Bisphenol A Exposure 

On June 3, 2010, the legislature passed a resolution enumerating the health impacts of BPA, urging reduced exposure to BPA, and supporting efforts to develop alternatives to BPA in food and drink packaging.

SCR 32

Information on SCR 32