The Maine State Chamber of Commerce seems confused about the law to protect children’s health from toxic chemicals in everyday products, such as BPA in sippy cups (Ben Gilman column, Aug. 7).
Maine parents get it.
Developmental disabilities and prostate cancer are on the rise in people, and chemicals such as BPA that wreak hormone havoc cause the same harm in animals. Preventing exposure helps protect the health of developing babies in the womb and young children.
We agree that the Maine Legislature did an outstanding job this year to strengthen and clarify Maine’s chemical safety law, the Kid-Safe Products Act. The changes taking effect in September represent a bipartisan success that builds on the near unanimous support for the 2008 law. The law takes a thoughtful approach to the challenge of balancing public health with economic impact, directing the Department of Environmental Protection to select the chemicals of highest concern and develop plans for restricting their use in selected products for children.
The Chamber, however, suggests that we not worry about enforcing the Kid-Safe law, even the BPA rule that was overwhelmingly approved by the Legislature, despite Gov. Paul LePage’s vocal opposition.
This approach doesn’t make sense for Maine people or business, although it may serve the coalition of chemical companies and national industries that consistently speak against us.
We don’t mind being criticized. It’s called shooting the messenger. But at least, let’s examine the message.
The issue we publicly raised last month was the failure of the Maine DEP to enforce the phase-out of BPA (or bisphenol A) in reusable food and beverage containers. BPA was the first chemical designated for action under the Kid-Safe Products Act because of scientific concerns.
Contrary to Gov. LePage’s weird science, BPA does not cause “little beards” in women but, rather, poses serious health risks to the developing fetus, infants and children. The Maine Center for Disease Control and Prevention stated: “there is sufficient evidence that BPA produces adverse effects at environmentally relevant exposures. Well over 100 studies have documented adverse effects on growth, brain development, behavior, early onset of puberty, changes in sex hormones, male fertility, and immune function.”
No manufacturers met the July 5 deadline for submitting compliance plans related to the new BPA phase-out. Why was this legal deadline ignored?
For one, DEP decided to reassign an environmental specialist and experienced supervisor away from the Kid-Safe program, replacing that person with a clerical staffer and bureau director unfamiliar with the law. The governor didn’t help by eliminating a fee-funded position to manage chemical use data.
Prior to the July 5 deadline, DEP failed to notify manufacturers about the rule or distribute compliance assistance information. DEP even incorrectly told the media that the deadline was three months later.
After the public attention we brought to these implementation missteps, DEP began requesting BPA compliance plans and pledged enforcement action against any company that fails to submit the required plan within 30 days.
After Jan. 1, BPA-containing products prohibited from sale in Maine include baby bottles, sippy cups, sports water bottles, thermoses, five-gallon water cooler bottles, food storage jars and boxes, and other reusable food and beverage containers. BPA-free versions are widely available for each of these products.
Unfortunately, other products also may expose a fetus or child to BPA. By Oct. 3, manufacturers must report their use of BPA in infant formula, baby food, toys, child care articles and tableware. By Jan. 1, makers of infant formula and baby food must determine the availability of safer alternatives to BPA used in the epoxy resin lining of metal cans and jar lids.
Enforcing these deadlines and adopting a new rule to end the use of BPA in infant formula and baby food will test the administration’s resolve to uphold the Kid-Safe Products Act. Closing a loophole in the law to replace BPA in all canned food with safer substitutes remains a legislative policy goal.
For more than a decade, Maine lawmakers and governors have acted to get mercury, lead, arsenic, toxic flame retardants and BPA out of consumer products. Nine states now restrict BPA use and 18 states have passed chemical safety laws. We are also supporting federal chemical reform so these states don’t have to go it alone as they work to ensure the safety of thousands of chemicals in use every day.
Safer chemicals mean healthier families and new market opportunities for Maine businesses. That’s something we should all agree on.
Hannah Pingree, a new mom and former Speaker of the Maine House of Representatives, and Sandra Cort, a Westbrook mother, grandmother and learning disabilities advocate, are board members of the Environmental Health Strategy Center.
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