Delaware § 2509 Products for young children; prohibition of bisphenol-A

Delaware Statutes

§ 2509 — Products for young children; prohibition of bisphenol-A

Delaware·Title 6·Ch. 25 PROHIBITED TRADE PRACTICES·Subch. General Provisions

(a)No manufacturer may sell or offer for sale in this State a children’s product that contains bisphenol-A.

(b)After July 1, 2012, no merchant may, knowingly sell or offer for sale in this State a children’s product that contains bisphenol-A.

(c)This section shall not apply to the sale of a used children’s product or to substances present in, or used in the production or packaging of, any drug, intended for use in humans or animals, as such term is defined in 21 U.S.C. § 321, that is manufactured or distributed consistent with the requirements of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.] or the Public Health Service Act [42 U.S.C. § 201 et seq.].

(d)As used in this section:

(1)“Child” means a person under 4 years of age.

(2)“Children’s product” means an

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(a) No manufacturer may sell or offer for sale in this State a children’s product that contains bisphenol-A.

(b) After July 1, 2012, no merchant may, knowingly sell or offer for sale in this State a children’s product that contains bisphenol-A.

(c) This section shall not apply to the sale of a used children’s product or to substances present in, or used in the production or packaging of, any drug, intended for use in humans or animals, as such term is defined in 21 U.S.C. § 321, that is manufactured or distributed consistent with the requirements of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.] or the Public Health Service Act [42 U.S.C. § 201 et seq.].

(d) As used in this section:

(1) “Child” means a person under 4 years of age.

(2) “Children’s product” means an empty bottle or cup designed to be filled with food or liquid that is designed or intended by a manufacturer to be used by a child.

(e) Violation of this section shall be a class A misdemeanor. The Superior Court shall have exclusive jurisdiction over violations of this section.

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