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Full Text of SB2860  95th General Assembly


Environmental Health Committee

Filed: 5/27/2008





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2     AMENDMENT NO. ______. Amend Senate Bill 2860 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Lead Poisoning Prevention Act is amended by
5 changing Section 6 as follows:
6     (410 ILCS 45/6)  (from Ch. 111 1/2, par. 1306)
7     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



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1     together with other products that are packaged, displayed,
2     or advertised as appropriate for use by children under 12;
3         (3) sized for children and not intended for use by
4     adults; or
5         (4) sold in any of the following places: a vending
6     machine; a retail store, catalogue, or online Web site in
7     which a person exclusively offers for sale products that
8     are packaged, displayed, or advertised as appropriate for
9     use by children; or a discrete portion of a retail store,
10     catalogue, or online Web site in which a person offers for
11     sale products that are packaged, displayed or advertised as
12     appropriate for use by children.
13     "Child care article" means an item that is designed or
14 intended by the manufacturer to facilitate the sleep,
15 relaxation, or feeding of children under the age of 6 or to
16 help with children under the age of 6 who are sucking or
17 teething.
18     "Toy containing paint" means a painted toy designed for or
19 intended for use by children under the age of 12 at play. In
20 determining whether a toy containing paint is designed for or
21 intended for use by children under the age of 12, the following
22 factors shall be considered:
23         (i) a statement by a manufacturer about the intended
24     use of the product, including a label on the product, if
25     such statement is reasonable;
26         (ii) whether the product is represented in its



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1     packaging, display, promotion, or advertising as
2     appropriate for children under the age of 12; and
3         (iii) whether the product is commonly recognized by
4     consumers as being intended for use by a child under the
5     age of 12.
6     (b) Children's products. Effective January 1, 2010, no
7 person, firm, or corporation shall sell, have, offer for sale,
8 or transfer the items listed in this Section that contain a
9 total lead content in any component part of the item that is
10 more than 0.004% (40 parts per million) but less than 0.06%
11 (600 parts per million) by total weight or a lower standard for
12 lead content as may be established by federal or State law or
13 regulation unless that item bears a warning statement that
14 indicates that at least one component part of the item contains
15 lead.
16     The warning statement for items covered under this
17 subsection (b) shall contain at least the following: "WARNING:
20     An entity is in compliance with this subsection (b) if the
21 warning statement is provided on the children's product or on
22 the label on the immediate container of the children's product.
23 This subsection (b) does not apply to any product for which
24 federal law governs warning in a manner that preempts State
25 authority.
26     (c) Other lead bearing substance. No person, firm, or



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1 corporation shall have, offer for sale, sell, or give away any
2 lead bearing substance that may be used by the general public,
3 except as otherwise provided in subsection (b) of this Section,
4 unless it bears the warning statement as prescribed by federal
5 regulation. If no regulation is prescribed the warning
6 statement shall be as follows when the lead bearing substance
7 is a lead-based paint or surface coating: "WARNING--CONTAINS
9 CHEWED. See Other Cautions on (Side or Back) Panel. Do not
10 apply on toys, or other children's articles, furniture, or
11 interior, or exterior exposed surfaces of any residential
12 building or facility that may be occupied or used by children.
13 KEEP OUT OF THE REACH OF CHILDREN.". If no regulation is
14 prescribed the warning statement shall be as follows when the
15 lead bearing substance contains lead-based paint or a form of
16 lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY
19     For the purposes of this subsection (c), the (a) The
20 generic term of a product, such as "paint" may be substituted
21 for the word "substance" in the above labeling.
22     (b) The placement, conspicuousness, and contrast of the
23 above labeling shall be in accordance with 16 C.F.R. 1500.121.
24     (d) The warning statements on items covered in subsections
25 (a), (b), and (c) of this Section shall be in accordance with,
26 or substantially similar to, the following:



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1         (1) the statement shall be located in a prominent place
2     on the item or package such that consumers are likely to
3     see the statement when it is examined under retail
4     conditions;
5         (2) the statement shall be conspicuous and not obscured
6     by other written matter;
7         (3) the statement shall be legible; and
8         (4) the statement shall contrast with the typography,
9     layout and color of the other printed matter.
10     Compliance with 16 C.F.R. 1500.121 adopted under the
11 Federal Hazardous Substances Act constitutes compliance with
12 this subsection (d).
13     (e) The manufacturer or importer of record shall be
14 responsible for compliance with this Section.
15     (f) Subsection (c) of this Section does not apply to any
16 component part of a consumer electronic product, including, but
17 not limited to, personal computers, audio and video equipment,
18 calculators, wireless phones, game consoles, and handheld
19 devices incorporating a video screen used to access interactive
20 software and their associated peripherals, that is not
21 accessible to a child through normal and reasonably foreseeable
22 use of the product. A component part is not accessible under
23 this subsection (f) if the component part is not physically
24 exposed by reason of a sealed covering or casing and does not
25 become physically exposed through reasonably foreseeable use
26 and abuse of the product. Paint, coatings, and electroplating,



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1 singularly or in any combination, are not sufficient to
2 constitute a sealed covering or casing for purposes of this
3 Section. Coatings and electroplating are sufficient to
4 constitute a sealed covering for connectors, power cords, USB
5 cables, or other similar devices or components used in consumer
6 electronics products.
7 (Source: P.A. 94-879, eff. 6-20-06.)
8     Section 10. The Mercury-added Product Prohibition Act is
9 amended by adding Sections 22 and 23 and by changing Section 30
10 as follows:
11     (410 ILCS 46/22 new)
12     Sec. 22. Sale and distribution of cosmetics, toiletries, or
13 fragrances containing mercury. No person shall distribute or
14 sell any cosmetics, toiletries, or fragrances containing
15 mercury. Any person who knowingly sells or distributes
16 mercury-containing cosmetics, toiletries, or fragrances in
17 this State is guilty of a petty offense and shall be fined an
18 amount not to exceed $500.
19     (410 ILCS 46/23 new)
20     Sec. 23. Disclosure. Any person in this State manufacturing
21 cosmetics, toiletries, or fragrances containing mercury must
22 disclose the level of mercury in the product. A manufacturer
23 who fails to disclose the level of mercury in its cosmetics,



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1 toiletries, or fragrances is guilty of a business offense and
2 shall be fined $10,000.
3     (410 ILCS 46/30)
4     Sec. 30. Penalty for violation. Except as provided in
5 Sections 22 and 23 of this Act, a A person who violates this
6 Act shall be guilty of a petty offense and upon conviction
7 shall be subject to a fine of not less than $50 and not more
8 than $200 for each violation.
9 (Source: P.A. 93-165, eff. 1-1-04.)".