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Public Act 095-1019


 

Public Act 1019 95TH GENERAL ASSEMBLY



 


 
Public Act 095-1019
 
SB2860 Enrolled LRB095 19197 KBJ 45443 b

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

Effective Date: 6/1/2009