Albany County
175 Green Street | Albany, NY 12202
Phone: (518) 447-4580 | Fax: (518) 447-4698
Elizabeth F. Whalen, MD, MPH, Commissioner

Children's Beverage Container Law (BPA-Free Law)


What is BPA?
Bisphenol A (BPA) is a chemical used to make certain plastics that are used to manufacture hard plastic food containers such as baby bottles, reusable water bottles, cups and food storage containers. BPA is also found in epoxy resins used to form a protective coating inside metal food and beverage cans. BPA can leach into food and beverages that come into contact with these containers.

Is BPA harmful?
Recent research studies have raised concern about the potential developmental effects on the brain, behavior and prostate glands of the unborn, infants and children exposed to BPA. Infants and young children are a potentially sensitive population because their nervous and hormone systems are still developing and their system for removing toxins is still immature. Other potential harmful health effects are also being studied.

How do I know if a container contains BPA?
Plastic containers that are marked with recycle codes 3 or 7 on the bottom (a number inside a triangle), as well as some unmarked containers, may contain BPA. If you are unsure if a product contains BPA you can check with the manufacturer.

      BPABPA Containers

What is the new BPA law in Albany County?
In order to protect infants and young children from the harmful effects of BPA, Albany County has passed a law which prohibits the sale of children's beverage containers that contain BPA within the County of Albany. Children's beverage containers shall include, but not be limited to, any unfilled bottle, cup, cup lid, pacifier, replacement nipple for bottles, straws or other containers intended to be used by children under the age of three years old and intended to be placed in the mouth or for the consumption of liquids.

What else is being done to reduce exposure to BPA?
Industry is taking action and six major manufacturers of children's beverage containers have agreed to stop selling products that contain BPA in the United States. These manufacturers include Playtex, Gerber, Evenflow, Avent America, Dr. Brown's and Disney First Years.

How can I help reduce exposure of infants and children to BPA?
If you are aware of any business that sells children's beverage containers that may contain BPA please call the Albany County Department of Health at (518) 447-4695. Our goal is to inform all businesses about this new law and have any harmful products promptly removed from the shelves.

(Adapted from the New York State Department of Health)

Pertinent Law: Local Law No. "C" for 2010 [PDF*]

For more information on BPA and how to reduce your exposure visit these helpful websites:

Albany County ExecutiveDaniel P. McCoy