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Citizen Petition to Initiate Rulemaking, Chapter 882
January 24, 2013, Decision on Citizen’s Petition to Initiate Rulemaking
January 3, 2013, Memorandum: Department Recommendations on the Citizen's Petition to Initiate Rulemaking
June 21, 2012, Citizen Petition to Initiate Rulemaking
Comments Received
Exhibits 1 through 40 submitted with the petition concerning Chapter 882, Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphelol A in Consumer Products are available below. All files are in a PDF format. Please contact Terry Dawson directly at 287-2811 if you have problems viewing.
Exhibit 1 |
Citizen'Petition'to'Initiate'Rulemaking'to'Prohibit'the'Sale'of' Certain'Children’s'Products'Containing'Bisphenol'A'(BPA)' |
Exhibit 2 |
Chapter 643 -- H.P. 1432 - L.D. 2048 An Act To Protect Children's Health and the Environment from Toxic Chemicals in Toys and Children's Products |
Exhibit 3 |
H.P. 841 - L.D. 1129 An Act To Provide the Department of Environmental Protection with Regulatory Flexibility Regarding the Listing of Priority Chemicals |
Exhibit 4 |
§ 1691. Definitions. MRSA Title 38. Chapter 16-D. TOXIC CHEMICALS IN CHILDREN'S PRODUCTS November 8, 2011 election § 1691. Definitions |
Exhibit 5 |
No. 1129 H.P. 841 House of Representatives, March 15, 2011 An Act To Provide the Department of Environmental Protection with Regulatory Flexibility Regarding the Listing of Priority Chemicals |
Exhibit 6 |
L.D. 1129 – Committee Amendment |
Exhibit 7 |
H.P. 330 - L.D. 412 Resolve, Regarding Legislative Review of Portions of Chapter 882: Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children's Products, a Major Substantive Rule of the Department of Environmental Protection |
Exhibit 8 |
Chapter 880: Regulation of Chemical Use in Children’s Products |
Exhibit 9 |
Chapter 882: designation of bisphenol a as a priority chemical and regulation of bisphenol in a children’s products |
Exhibit 10 |
Basis Statement for Chapter 882: designation of bisphenol a as a priority chemical and regulation of bisphenol in a children’s products JUNE 2, |
Exhibit 11 |
Supplemental Basis Statement for Chapter 882: designation of bisphenol a as a priority chemical and regulation of bisphenol in a children’s products |
Exhibit 12 |
Maine Center for Disease Control: letter of concurrence with proposed designation of Bisphenol-A as a priority chemical. |
Exhibit 13 |
State of Vermont: No. 112. An act relating to bisphenol A. (S.247) |
Exhibit 14 |
An Update on the Recently Published Peer-Reviewed -- Scientific Literature on Bisphenol A (BPA) -- May 2012 Submitted by Laura N. Vandenberg, PhD. Supporting documents index, Ex 14 Supporting documents |
Exhibit 15 |
Safer Alternatives to Bisphenol A (BPA) Are Available for Food and Beverage Packaging for Young Children. Ex 15 Supporting documents |
Exhibit 16 |
Chemical Analysis for BPA in Baby Food Jar Lids and Toddler Food Cans |
Exhibit 17 |
BPA In Children’s Canned Food |
Exhibit 18 |
Determination of Bisphenol A in U.S. Infant Formulas: Updated Methods and Concentrations |
Exhibit 19 |
World Health Organization -- Background Paper on sources and occurrence of BPA relevant for exposure of consumers -- FAO/WHO Expert Meeting on Bisphenol A (BPA) Ottawa, Canada, November 2010 Dr. Allan Bailey and Dr. Eddo Hoekstra |
Exhibit 20 |
Determination of Bisphenol A Migrating from Epoxy Can Coatings to Infant Formula Liquid Concentrates J. E. Biles,* T. P. McNeal, and T. H. Begley |
Exhibit 21 |
Variability and Predictors of Urinary Bisphenol A Concentrations during PregnancyJoe M. Braun,1 Amy E. Kalkbrenner,2 Antonia M. Calafat,3 John T. Bernert,3 Xiaoyun Ye,3 Manori J. Silva,3 Dana Boyd Barr,4 Sheela Sathyanarayana,5 and Bruce P. Lanphear6, |
Exhibit 22 |
Children as Consumers: Advertising and Marketing Sandra L. Calvert |
Exhibit 23 |
Journal of Agriculture and Food Chemistry -- Levels of Bisphenol A in Canned Liquid Infant Formula Products in Canada and Dietary Intake Estimates |
Exhibit 24 |
Journal of Agriculture and Food Chemistry -- Bisphenol A in Baby Food Products in Glass Jars with Metal Lids from Canadian Markets |
Exhibit 25 |
Journal of Food Production -- Bisphenol A in Canned Food Products from Canadian Markets |
Exhibit 26 |
American Medical Association -- RESEARCH LETTER Canned Soup Consumption and Urinary Bisphenol A: A Randomized Crossover Trial |
Exhibit 27 |
Consumer Reports -- Concern over canned foods Our tests find wide range of Bisphenol A in soups, juice, and more |
Exhibit 28 |
Environmental Working Group – a guide to infant formula and baby bottles (December 5, 2007) |
Exhibit 29 |
Federal Trade Commission – marketing food to children and adolescents (July 2008) |
Exhibit 30 |
Public Heath Nutrition -- Marketing foods to children and adolescents: licensed characters and other promotions on packaged foods in the supermarket Jennifer L Harris*, Marlene B Schwartz and Kelly D Brownell |
Exhibit 31 |
Research -- Food Packaging and Bisphenol A and Bis(2-Ethyhexyl) Phthalate Exposure: Findings from a Dietary Intervention Ruthann A. Rudel,1 Janet M. Gray,2,3 Connie L. Engel,2 Teresa W. Rawsthorne,4 Robin E. Dodson,1 Janet M. Ackerman,1 Jeanne Rizzo, 2 Janet L. Nudelman,2 and Julia Green Brody1 |
Exhibit 32 |
Environmental Science & Technology – Bipshenol A (BPA) in U.S. food |
Exhibit 33 |
Risk Analysis Vol 30 – Bisphenol A: how the most relevant exposure sources contribute to total consumer exposure |
Exhibit 34 |
Disney Junior |
Exhibit 35 |
The Earth’s Best – web page |
Exhibit 36 |
Graduates for toddlers |
Exhibit 37 |
PBM Nutritionals – pediatric nutritional drinks, baby cereals, and toddler foods |
Exhibit 38 |
PBS kids – web page excerpt |
Exhibit 39 |
US Department of Health & Human Services – Bisphenol A (BPA): use in food contact application |
Exhibit 40 |
US Securities and Exchange Commission – Form 10-K |
Handouts from BEP/DEP Public Hearing September 6, 2012
Citizen Initiated Petition In The Matter Of
Chapter 882 Designation of Bisphenol “A” as A Priority Chemical and Regulation of Bisphenol “A” in Children’s Products, Section 2, Definitions and Section 5 Sales Prohibition of Children’s Products Containing Bisphenol “A”
AR-1 |
Public Hearing Statement: Ron Dyer, Director Bureau of Remediation and Waste Management – Dept. of Environmental Protection |
AR-2 |
Testimony of Dr. Andrew Smith, S.M., ScD and supporting documentation
- 2008 NRDC Petition
- 2012 FDA response to NRDC Petition Docket No. DA-2008-P-0577-0001YCP
- 2009a FDA Bisphenol A (BPA)
- 2009b FDA External Reviewer Comments on “bisphenol A.. Review of Low-Dose Studies”
- 2009c FDA Exposure to Bisphenol A for infants, toddlers and adults from the consumption of infant formula, toddler food and adult (canned) food.
- 2012 Perea et al Prenatal Bisphenol A exposure and child perspectives
- 2012 NHANES The fourth national report on human exposure to environmental chemicals, update tables for BPA
- 2001 Morgan et al. assessing the quantitative relationships between preschool children’s exposure to BPA by route and urinary biomonitoring
- 2009 Becker et al phthalate metabolites and BPA in urine of German children
- 2009 Calafat et al exposure to BPA and other phenois in neonatal intensive care unit premature infants
- 2011 Casas et al urinary concentrations of phthalates and phenols in a population of Spanish pregnant women and children
- 2011 Volkel determination of free and total BPA in urine of infants
- 2011 State of Connecticut Chapter 416, Section 21a-12c
- 2010 State of Vermont, Title 18 Section 1512 – infant formula and baby food
- 2010 State of Maryland, Title 24 Section 304 – infant formula
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AR-3 |
Testimony of Patricia Hunt, PhD |
AR-4 |
Letter of Support dated September 6, 2012 endorsed by Birnbaum, Rice et. Al. |
AR-5 |
Testimony of Deborah Rice, PhD and supporting documents
- Rational for Concurrence by MeCDC on the Designation of BPA as a priority chemical 2010
- Update on the recently published peer-reviewed scientific literature on BPA (May 2012)
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AR-6 |
Kenneth Soltys, Senior Scientist – Pure Strategies “safer alternative to bisphenol A |
AR-7 |
Testimony of Susan Linn, ED.D and supporting document
- Examples of marketing food to babies and toddlers through licensed characters
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AR-8 |
Senator Thomas Saviello letter dated September 6, 0212 |
AR-9 |
Testimony of Jenny Carwile M.P.H |
AR-10 |
Testimony of Will Kletter and supporting document
1. Seeking safer packaging – ranking packaged food companies on BPA 2010 |
AR-11 |
Testimony of Dana Hernandez |
AR-12 |
Letter from Marina Schauffler, Camden |
AR-13 |
Letter from Laurel Anderson, Hermon |
AR-14 |
Letter from Lalla Carothers, Cumberland |
AR-15 |
Letter from Rachelle Michel, Lewiston |
AR-16 |
Letter from Pamela Bell, Milford |
AR-17 |
Letter from Louise Sharp, Bath |
AR-18 |
Letter from Gail Kass, Harpswell |
AR-19 |
Letter from Melissa Anson, Scarborough |
AR-20 |
Letter from Aura Russell-Bedder, Portland |
AR-21 |
Letter from Matthew Peters, Portland |
AR-22 |
Letter from Nilaya Palmer, Gorham |
AR-23 |
Letter from Susan Drucker, Bowdoinham |
AR-24 |
Letter from Judith Jones, Brunswick |
AR-25 |
Letter from Sarah Fesler, Dresden |
AR-26 |
Letter from Barrie Colbath, Fayette |
AR-27 |
Letter from Casey Goding, Union |
AR-28 |
Letter from Jessica Graham |
AR-29 |
Testimony of Gail Carlson, PhD and supporting documents
- Vom Saal / Hughes Environmental Health Perspectives, an extensive new literature concerning low-dose effects of BPA shows the need for a new risk assessment
- Vendenberg et. Al., Endocrine Reviews, “Bisphenol-A and the great divide: a review of controversies in the field of endocrine disruption.”
- Peterson et. al. Environmental Health Perspectives: “Why public health agencies cannot depend on good laboratory practices as a criterion for selecting data: the case of BPA”
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AR-30 |
Testimony of Barbara McElgunn and supporting documents
- Myers et. al. Environmental Health Perspectives, “why public health agencies cannot depend upon good laboratory practices as a criterion for selecting data: the case of Bisphenol A
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AR-31 |
Letter from 70 members of the Maine Small Business Coalition |
AR-32 |
Testimony of Sandra Cort, Learning Disabilities Association of Maine |
AR-33 |
Testimony of Virginia Mott, Maine PTA |
AR-34 |
Testimony of Helen Ayotte |
AR-35 |
Testimony of Hannah Pingree |
AR-36 |
Letter from specifically named health professionals from Maine Medical Association, Physicians for Social Responsibility, Maine Public Health Association, Maine Osteopathic Association and the Maine Chapter of the American Association of Pediatricians |
AR-37 |
Testimony of Megan Rice |
AR-38 |
Testimony of Tony Owens |
AR-39 |
Testimony of Kathy Kilrain del Rio |
AR-40 |
Testimony of Megan Hannan, Director Public Affairs for Planned Parenthood of Northern New England |
AR-41 |
Testimony of Lisa Pohlmann, Executive Director Natural Resources Council of Maine |
AR-42 |
Maine Supports BPA-Free Food for Children |
AR-43 |
Testimony of Sierra Fletcher |
AR-44 |
Testimony of Heather Spalding, Maine Organic Farmers and Gardeners Association |
AR-45 |
Testimony of Tracy Gregoire, Topsham |
AR-46 |
Testimony of Jody Spear |
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