Sen. Chuck Schumer calls for federal investigation of reusable grocery bags

Sen. Chuck Schumer of New York asked federal agencies Sunday to investigate and ban reusable shopping bags with dangerous levels of lead following a Tampa Tribune investigation that found high levels in bags sold in the Bay area.

Schumer, the senior senator from New York, called on the federal Food and Drug Administration, Environmental Protection Agency and Consumer Product Safety Commission to investigate whether any of the reusable bags being sold at groceries and other stores across the country pose a danger.

Because the bags are being used to carry food, high lead levels pose a danger to the country's food supply, Schumer said in a letter addressed to FDA Commissioner Margaret Hamburg.

Lead is linked to learning disabilities in children and fertility problems in adults. Health advocates say any level of lead is toxic.

The lead found in the grocery bags the Tribune tested would not easily rub off on food, and merely touching one of the bags is unlikely to prove harmful, according to Hugh Rodrigues, president of Thornton Laboratories in Tampa, which tested the bags. Over time, though, as the bags wear down, their paint can flake off and threads fray, releasing the lead. The more elaborate the illustrations on the bags, the more likely they are to contain toxic lead, the Tribune investigation found. Yellow and green paint on bags is a common carrier of lead.

The Tampa Tribune purchased two dozen reusable bags from the largest grocery companies in the Bay area and paid for two rounds of tests at Thornton Laboratories, which regularly tests food and chemicals for industrial clients and has tested children's jewelry for the Tribune. A few bags had potentially dangerous levels of lead. A bag with cute baby pictures sold by Winn-Dixie was covered with enough lead that Hillsborough County would consider the bag hazardous if it were thrown out with household trash.

Some reusable bags sold at Publix had lead levels that exceed federal limits for paint and rules for children's toys that will take effect next year. After being notified of the test results, Publix asked its suppliers to lower the lead in their bags.

For now, though, Publix and Winn-Dixie are still selling the bags, and Publix spokeswoman Maria Brous said Sunday the company is using the same suppliers. Winn-Dixie officials said they were confident their bags are "safe to use and reuse as intended" but that the Tribune investigation "suggests there is an opportunity to improve this solution as it pertains to disposal of these bags and ensure the ongoing benefits to our customers and the communities we serve."

Representatives from both Publix and Winn-Dixie said they would offer refunds to any customers concerned about their bags.

Part of what makes it tough to regulate lead levels in the reusable shopping bags is what safety advocates say is a conflicting set of government rules for consumer products. Florida has no clear regulation focused on lead in bags. The U.S. Consumer Product Safety Commission currently allows 300 parts per million of lead in children's products, though that threshold will fall to 100 parts per million in August. And any paint on consumer products can contain no more than 90 parts per million.

Among the bags tested in the Tribune investigation, the Baby Faces bag sold at Winn-Dixie had 121 parts per million in one round of testing and 117 in a second.

A bag from Publix with a University of South Florida theme had 87 parts per million in a first round of testing and 194 parts per million in a second test - the highest concentration of lead found in any bag the Tribune tested. Different production runs likely account for the discrepancies noted between tests, Rodrigues said. All of the bags the Tribune tested were made in China, which Schumer on Sunday criticized for its lack of safety controls.

"Adding insult to injury, guess where most of these bags are made?" Schumer said in his press conference. "China, a country that has flaunted safety when it comes to American imports over and over again. Whether it's toys or food or now bags, China has no regard for American safety."