Full Text of SB2860 95th General Assembly
SB2860enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Lead Poisoning Prevention Act is amended by | 5 |
| changing Section 6 as follows:
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| (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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| Sec. 6. Warning statement. | 8 |
| (a) Definitions. As used in this Section: | 9 |
| "Children's jewelry" means jewelry that is made for, | 10 |
| marketed for use by, or marketed to children under the age of | 11 |
| 12 and includes jewelry that meets any of the following | 12 |
| conditions: | 13 |
| (1) represented in its packaging, display, or | 14 |
| advertising as appropriate for use by children under the | 15 |
| age of 12; | 16 |
| (2) sold in conjunction with, attached to, or packaged | 17 |
| together with other products that are packaged, displayed, | 18 |
| or advertised as appropriate for use by children under 12; | 19 |
| (3) sized for children and not intended for use by | 20 |
| adults; or | 21 |
| (4) sold in any of the following places: a vending | 22 |
| machine; a retail store, catalogue, or online Web site in | 23 |
| which a person exclusively offers for sale products that |
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| are packaged, displayed, or advertised as appropriate for | 2 |
| use by children; or a discrete portion of a retail store, | 3 |
| catalogue, or online Web site in which a person offers for | 4 |
| sale products that are packaged, displayed or advertised as | 5 |
| appropriate for use by children. | 6 |
| "Child care article" means an item that is designed or | 7 |
| intended by the manufacturer to facilitate the sleep, | 8 |
| relaxation, or feeding of children under the age of 6 or to | 9 |
| help with children under the age of 6 who are sucking or | 10 |
| teething. | 11 |
| "Toy containing paint" means a painted toy designed for or | 12 |
| intended for use by children under the age of 12 at play. In | 13 |
| determining whether a toy containing paint is designed for or | 14 |
| intended for use by children under the age of 12, the following | 15 |
| factors shall be considered: | 16 |
| (i) a statement by a manufacturer about the intended | 17 |
| use of the product, including a label on the product, if | 18 |
| such statement is reasonable; | 19 |
| (ii) whether the product is represented in its | 20 |
| packaging, display, promotion, or advertising as | 21 |
| appropriate for children under the age of 12; and | 22 |
| (iii) whether the product is commonly recognized by | 23 |
| consumers as being intended for use by a child under the | 24 |
| age of 12. | 25 |
| (b) Children's products. Effective January 1, 2010, no | 26 |
| person, firm, or corporation shall sell, have, offer for sale, |
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| or transfer the items listed in this Section that contain a | 2 |
| total lead content in any component part of the item that is | 3 |
| more than 0.004% (40 parts per million) but less than 0.06% | 4 |
| (600 parts per million) by total weight or a lower standard for | 5 |
| lead content as may be established by federal or State law or | 6 |
| regulation unless that item bears a warning statement that | 7 |
| indicates that at least one component part of the item contains | 8 |
| lead. | 9 |
| The warning statement for items covered under this | 10 |
| subsection (b) shall contain at least the following: "WARNING: | 11 |
| CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE | 12 |
| DUST CONTAINING LEAD." | 13 |
| An entity is in compliance with this subsection (b) if the | 14 |
| warning statement is provided on the children's product or on | 15 |
| the label on the immediate container of the children's product.
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| This subsection (b) does not apply to any product for which | 17 |
| federal law governs warning in a manner that preempts State | 18 |
| authority. | 19 |
| (c) Other lead bearing substance. No person, firm, or | 20 |
| corporation shall have,
offer for sale, sell, or give away any | 21 |
| lead bearing substance that may be
used by the general public , | 22 |
| except as otherwise provided in subsection (b) of this Section, | 23 |
| unless it bears the warning statement as
prescribed by federal | 24 |
| regulation. If no regulation is prescribed the
warning | 25 |
| statement shall be as follows when the lead bearing substance | 26 |
| is a lead-based paint or surface coating: "WARNING--CONTAINS |
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| LEAD. DRIED FILM
OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR | 2 |
| CHEWED. See Other Cautions on
(Side or Back) Panel. Do not | 3 |
| apply on toys, or other children's articles,
furniture, or | 4 |
| interior, or exterior exposed surfaces of any residential
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| building or facility that may be occupied or used by children. | 6 |
| KEEP OUT OF
THE REACH OF CHILDREN.". If no regulation is | 7 |
| prescribed the warning statement shall be as follows when the | 8 |
| lead bearing substance contains lead-based paint or a form of | 9 |
| lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY | 10 |
| BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING | 11 |
| LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
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| For the purposes of this subsection (c), the (a) The | 13 |
| generic term of a product, such as "paint" may be substituted
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| for the word "substance" in the above labeling.
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| (b) The placement, conspicuousness, and contrast of the | 16 |
| above labeling
shall be in accordance with 16 C.F.R. 1500.121. | 17 |
| (d) The warning statements on items covered in subsections | 18 |
| (a), (b), and (c) of this Section shall be in accordance with, | 19 |
| or substantially similar to, the following: | 20 |
| (1) the statement shall be located in a prominent place | 21 |
| on the item or package such that consumers are likely to | 22 |
| see the statement when it is examined under retail | 23 |
| conditions; | 24 |
| (2) the statement shall be conspicuous and not obscured | 25 |
| by other written matter; | 26 |
| (3) the statement shall be legible; and |
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| (4) the statement shall contrast with the typography, | 2 |
| layout and color of the other printed matter. | 3 |
| Compliance with 16 C.F.R. 1500.121 adopted under the | 4 |
| Federal Hazardous Substances Act constitutes compliance with | 5 |
| this subsection (d). | 6 |
| (e) The manufacturer or importer of record shall be | 7 |
| responsible for compliance with this Section. | 8 |
| (f) Subsection (c) of this Section does not apply to any | 9 |
| component part of a consumer electronic product, including, but | 10 |
| not limited to, personal computers, audio and video equipment, | 11 |
| calculators, wireless phones, game consoles, and handheld | 12 |
| devices incorporating a video screen used to access interactive | 13 |
| software and their associated peripherals, that is not | 14 |
| accessible to a child through normal and reasonably foreseeable | 15 |
| use of the product. A component part is not accessible under | 16 |
| this subsection (f) if the component part is not physically | 17 |
| exposed by reason of a sealed covering or casing and does not | 18 |
| become physically exposed through reasonably foreseeable use | 19 |
| and abuse of the product. Paint, coatings, and electroplating, | 20 |
| singularly or in any combination, are not sufficient to | 21 |
| constitute a sealed covering or casing for purposes of this | 22 |
| Section. Coatings and electroplating are sufficient to | 23 |
| constitute a sealed covering for connectors, power cords, USB | 24 |
| cables, or other similar devices or components used in consumer | 25 |
| electronics products.
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| (Source: P.A. 94-879, eff. 6-20-06.)
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| Section 10. The Mercury-added Product Prohibition Act is | 2 |
| amended by adding Sections 22 and 23 and by changing Section 30 | 3 |
| as follows: | 4 |
| (410 ILCS 46/22 new)
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| Sec. 22. Sale and distribution of cosmetics, toiletries, or | 6 |
| fragrances containing mercury. No person shall distribute or | 7 |
| sell any cosmetics, toiletries, or fragrances containing | 8 |
| mercury. Any person who knowingly sells or distributes | 9 |
| mercury-containing cosmetics, toiletries, or fragrances in | 10 |
| this State is guilty of a petty offense and shall be fined an | 11 |
| amount not to exceed $500. | 12 |
| (410 ILCS 46/23 new)
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| Sec. 23. Disclosure. Any person in this State manufacturing | 14 |
| cosmetics, toiletries, or fragrances containing mercury must | 15 |
| disclose the level of mercury in the product. A manufacturer | 16 |
| who fails to disclose the level of mercury in its cosmetics, | 17 |
| toiletries, or fragrances is guilty of a business offense and | 18 |
| shall be fined $10,000.
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| (410 ILCS 46/30)
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| Sec. 30. Penalty for violation. Except as provided in | 21 |
| Sections 22 and 23 of this Act, a A person who violates this | 22 |
| Act shall be
guilty of a petty offense and upon conviction |
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| shall be subject to a fine of not
less than $50 and not more | 2 |
| than $200 for each violation.
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| (Source: P.A. 93-165, eff. 1-1-04.)
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