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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”


Public Hearing Statement:  Ron Dyer, Director Bureau of Remediation and Waste Management – Dept. of Environmental Protection


Testimony of Dr. Andrew Smith, S.M., ScD and supporting documentation

  1. 2008 NRDC Petition
  2. 2012 FDA response to NRDC Petition Docket No. DA-2008-P-0577-0001YCP
  3. 2009a FDA Bisphenol A (BPA)
  4. 2009b FDA External Reviewer Comments on “bisphenol A.. Review of Low-Dose Studies”
  5. 2009c FDA Exposure to Bisphenol A for infants, toddlers and adults from the consumption of infant formula, toddler food and adult (canned) food.
  6. 2012 Perea et al Prenatal Bisphenol A exposure and child perspectives
  7. 2012 NHANES The fourth national report on human exposure to environmental chemicals, update tables for BPA
  8. 2001 Morgan et al. assessing the quantitative relationships between preschool children’s exposure to BPA by route and urinary biomonitoring
  9. 2009 Becker et al phthalate metabolites and BPA in urine of German children
  10. 2009 Calafat et al exposure to BPA and other phenois in neonatal intensive care unit premature infants
  11. 2011 Casas et al urinary concentrations of phthalates and phenols in a population of Spanish pregnant women and children
  12. 2011 Volkel determination of free and total BPA in urine of infants
  13. 2011 State of Connecticut Chapter 416, Section 21a-12c
  14. 2010 State of Vermont, Title 18 Section 1512 – infant formula and baby food
  15. 2010 State of Maryland, Title 24 Section 304 – infant formula


Testimony of Patricia Hunt, PhD


Letter of Support dated September 6, 2012 endorsed by Birnbaum, Rice et. Al.


Testimony of Deborah Rice, PhD and supporting documents

  1. Rational for Concurrence by MeCDC on the Designation of BPA as a priority chemical 2010
  2. Update on the recently published peer-reviewed scientific literature on BPA (May 2012)


Kenneth Soltys, Senior Scientist – Pure Strategies “safer alternative to bisphenol A


Testimony of Susan Linn, ED.D and supporting document

  1. Examples of marketing food to babies and toddlers through licensed characters


Senator Thomas Saviello letter dated September 6, 0212


Testimony of Jenny Carwile M.P.H


Testimony of Will Kletter and supporting document
            1.  Seeking safer packaging – ranking packaged food companies on BPA 2010


Testimony of Dana Hernandez


Letter from Marina Schauffler, Camden


Letter from Laurel Anderson, Hermon


Letter from Lalla Carothers, Cumberland


Letter from Rachelle Michel, Lewiston


Letter from Pamela Bell, Milford


Letter from Louise Sharp, Bath


Letter from Gail Kass, Harpswell


Letter from Melissa Anson, Scarborough


Letter from Aura Russell-Bedder, Portland


Letter from Matthew Peters, Portland


Letter from Nilaya Palmer, Gorham


Letter from Susan Drucker, Bowdoinham


Letter from Judith Jones, Brunswick


Letter from Sarah Fesler, Dresden


Letter from Barrie Colbath, Fayette


Letter from Casey Goding, Union


Letter from Jessica Graham


Testimony of Gail Carlson, PhD and supporting documents

  1. Vom Saal / Hughes Environmental Health Perspectives, an extensive new literature concerning low-dose effects of BPA shows the need for a new risk assessment
  2. Vendenberg et. Al., Endocrine Reviews, “Bisphenol-A and the great divide:  a review of controversies in the field of endocrine disruption.”
  3. 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”


Testimony of Barbara McElgunn and supporting documents

  1. 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


Letter from 70 members of the Maine Small Business Coalition


Testimony of Sandra Cort, Learning Disabilities Association of Maine


Testimony of Virginia Mott, Maine PTA


Testimony of Helen Ayotte


Testimony of Hannah Pingree


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


Testimony of Megan Rice


Testimony of Tony Owens


Testimony of Kathy Kilrain del Rio


Testimony of Megan Hannan, Director Public Affairs for Planned Parenthood of Northern New England


Testimony of Lisa Pohlmann, Executive Director Natural Resources Council of Maine


Maine Supports BPA-Free Food for Children


Testimony of Sierra Fletcher


Testimony of Heather Spalding, Maine Organic Farmers and Gardeners Association


Testimony of Tracy Gregoire, Topsham


Testimony of Jody Spear