98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2921

 

Introduced , by Rep. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Safe Flame Retardants Act. Provides that, beginning July 1, 2014, no manufacturer, wholesaler, or retailer may knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State, a children's product or residential upholstered furniture, containing a component part that has a combined TRIS concentration of greater than 50 parts per million. Provides that, beginning July 1, 2015, no manufacturer, wholesaler, or retailer may knowingly manufacturer, sell, offer for sale, distribute for sale, or distribute for use in this State, a children's product or residential upholstered furniture, containing any flame retardant that is a chemical of high concern. Directs the Attorney General to administer the Act. Authorizes the Attorney General to seek injunctive relief and civil penalties for violations of the Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Safe
5Flame Retardants Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Chemical of high concern" means a chemical determined by
8the Attorney General, after consulting with the Department, to
9do one or more of the following:
10        (1) harm the normal development of a fetus or child or
11    cause other developmental toxicity;
12        (2) cause cancer, genetic damage, or reproductive
13    harm;
14        (3) disrupt the endocrine system;
15        (4) damage the nervous system, immune system, or organs
16    or cause other systemic toxicity; or
17        (5) be persistent, bioaccumulative, or toxic.
18    "Children's products" means a consumer product intended
19for, made for, or marketed for use by children 12 years of age
20or under.
21    "Consumer product" has the meaning established under
22subdivision (a)(5) of Section 3 of the federal Consumer Product
23Safety Act.

 

 

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1    "Department" means Department of Public Health.
2    "End user" a person who purchases a children's product or
3residential upholstered furniture for any purpose other than
4resale.
5    "Manufacturer" means a person that produces a children's
6product or residential upholstered furniture.
7    "Person" means any person, firm, association, partnership,
8corporation, limited liability company, governmental entity,
9organization, or joint venture or an employee or agent of any
10person or entity included in this definition.
11    "Residential upholstered furniture" means residential
12seating products that are intended for indoor use in a home or
13other residential dwelling and that consist, in whole or in
14part, of resilient cushioning materials enclosed within a
15covering consisting of fabric or related materials.
16    "Retailer" means a person, other than a manufacturer or
17wholesaler, who offers a children's product or residential
18upholstered furniture for sale at retail through any means,
19including, but not limited to, remote offerings, such as sales
20outlets, catalogs, or the internet.
21    "TRIS" means any one or more of the following chemicals:
22(i) TDCPP (tris(1,3-dichloro-2-propyl)phosphate), which, as of
23the effective date of this Section, has the Chemical Abstracts
24Service Registry Number 13674-87-8; (ii) TCEP
25(tris(2-chloroethyl) phosphate), which, as of the effective
26date of this Section, has the Chemical Abstracts Service

 

 

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1Registry Number 115-96-8; or (iii) TCPP
2(tris(2-chloro-1-methylethyl)phosphate, which, as of the
3effective date of this Section, has the Chemical Abstracts
4Service Registry Number 13674-84-5.
5    "Wholesaler" means a person, other than a manufacturer or
6retailer, who sells or resells or otherwise places into the
7stream of commerce a children's product or residential
8upholstered furniture.
 
9    Section 10. Prohibitions.
10    (a) Beginning July 1, 2014, no manufacturer, wholesaler, or
11retailer may knowingly manufacture, sell, offer for sale,
12distribute for sale, or distribute for use in this State, a
13children's product or residential upholstered furniture,
14containing a component part that has a combined TRIS
15concentration of greater than 50 parts per million.
16    (b) Beginning July 1, 2015, no manufacturer, wholesaler, or
17retailer may knowingly manufacturer, sell, offer for sale,
18distribute for sale, or distribute for use in this State, a
19children's product or residential upholstered furniture,
20containing any flame retardant that is a chemical of high
21concern.
22    (c) The prohibitions in this Section do not apply to the
23resale of a children's product or residential upholstered
24furniture by an end user or non-profit organization.
 

 

 

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1    Section 15. Notifications. By April 1, 2014, each
2manufacturer of products subject to Section 10 of this Act must
3notify wholesalers and retailers in the State about the
4provisions of this Act.
 
5    Section 20. Penalties.
6    (a) The Attorney General is responsible for administering
7and ensuring compliance with this Act, including the
8development and adoption of any rules, if necessary, for the
9implementation and enforcement of this Act.
10    (b) The Attorney General shall develop and implement a
11process for receiving and handling complaints from individuals
12regarding possible violations of this Act.
13    (c) The Attorney General may conduct any investigation
14deemed necessary regarding possible violations of this Act,
15including, without limitation, the issuance of subpoenas to:
16        (1) require the filing of a statement or report or
17    answer interrogatories in writing as to all information
18    relevant to the alleged violations;
19        (2) examine under oath any person who possesses
20    knowledge or information directly related to the alleged
21    violations; and
22        (3) examine any record, book, document, account, or
23    paper necessary to investigate the alleged violation.
24    (d) Service by the Attorney General of any notice requiring
25a person to file a statement or report, or of a subpoena upon

 

 

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1any person, shall be made:
2        (1) personally by delivery of a duly executed copy
3    thereof to the person to be served or, if a person is not a
4    natural person, in the manner provided in the Code of Civil
5    Procedure when a complaint is filed; or
6        (2) by mailing by certified mail a duly executed copy
7    thereof to the person to be served at his or her last known
8    abode or principal place of business within this State.
9    (e) In lieu of a civil action, the individual or entity
10alleged to have engaged in a pattern or practice deemed
11violative of this Act may enter into an Assurance of Voluntary
12Compliance Agreement with respect to the alleged pattern or
13practice violation.
14    (f) If the Attorney General determines that there is a
15reason to believe that a violation of the Act has occurred, the
16Attorney General may bring an action in the name of the People
17of the State to obtain temporary, preliminary, or permanent
18injunctive relief for any act, policy, or practice that
19violates this Act.
20    (g) If any person fails or refuses to file any statement or
21report, or obey any subpoena, issued pursuant to subsection (c)
22of this Section, the Attorney General may proceed to initiate a
23civil action pursuant to subsection (f) of this Section, or
24file a complaint in the circuit court for the granting of
25injunctive relief, including restraining the conduct that is
26alleged to violate this Act until the person files the

 

 

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1statement or report, or obeys the subpoena.
2    (h) In any civil action brought pursuant to subsection (f)
3of this Section, the Attorney General may obtain as a remedy,
4equitable relief (including any permanent or preliminary
5injunction, temporary restraining order, or other order,
6including an order enjoining the defendant from engaging in a
7violation or ordering any action as may be appropriate). In
8addition, the Attorney General may request and the Court may
9impose a civil penalty in an amount not to exceed $50,000 for
10each violation. For purposes of this subsection, each item and
11each standard constitutes a separate violation.
12    A civil penalty imposed or a settlement or other payment
13made pursuant to this Act shall be made payable to the Attorney
14General's State Projects and Court Ordered Distribution Fund.
15Moneys in the Fund shall be used, subject to appropriation, for
16the performance of any function pertaining to the exercise of
17the duties of the Attorney General including but not limited to
18enforcement of any law of this State, product testing, and
19conducting public education programs.
20    Any funds collected under this Section in an action in
21which the State's Attorney has prevailed shall be retained by
22the county in which he or she serves.
23    (i) The penalties and injunctions provided in this Act are
24in addition to any penalties, injunctions, or other relief
25provided under any other law. Nothing in this Act shall bar a
26cause of action by the State for any other penalty, injunction,

 

 

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1or relief provided by any other law.