Public Act 096-1379
 
HB5040 EnrolledLRB096 17893 RPM 33261 b



    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:







 
    Section 1. Short title. This Act may be cited as the 
Cadmium-Safe Kids Act.
 
    Section 5. Legislative findings. The General Assembly 
finds:
    (1) Children's jewelry that could expose children to high 
levels of accessible cadmium could cause potential harm to 
children's health and the environment.
    (2) Because children's bodies are growing and developing, 
they are especially vulnerable to the effects of toxic 
chemicals. 
    (3) To protect children's health, it is important to limit 
children's exposure to accessible cadmium in children's 
jewelry and to determine whether further action is required.
 
    Section 10. Definitions. In this Act:
    "Agency" means the Illinois Environmental Protection 
Agency.
    "Body piercing jewelry" means any part of jewelry that is 
manufactured or sold for placement in a new piercing or a 
mucous membrane, but does not include any part of that jewelry 
that is not placed within a new piercing or a mucous membrane.
    "Children's jewelry" means jewelry that is made, marketed, 
or designed for or intended primarily for use by 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;
        (3) sized for children and not intended for use by 
    adults; or
        (4) sold in any of the following:
            (i) a vending machine;
            (ii) 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
            (iii) 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.
    "Children's jewelry" does not include any product category 
for which an existing federal standard regulates cadmium 
exposure in surface coatings and accessible substrate 
materials as required under ASTM International Consumer Safety 
Specification for Toy Safety, ASTM Standard F-963, or 
subsequent versions of this standard. 
    "Distributor" means a person who sells products to retail 
establishments on a wholesale basis.
    "Jewelry" means any of the following ornaments worn by a 
person:
        (A) Ankle bracelet.
        (B) Arm cuff.
        (C) Bracelet.
        (D) Brooch.
        (E) Chain.
        (F) Crown.
        (G) Cuff link.
        (H) Hair accessory.
        (I) Earring.
        (J) Necklace.
        (K) Decorative pin.
        (L) Ring.
        (M) Body piercing jewelry.
        (N) Jewelry placed in the mouth for display ornament.
        (O) Charm, bead, chain, link, pendant, or any other 
    component of the items listed in this definition.
        (P) Charm, bead, chain, link, pendant, or any other 
    attachment to shoes or clothing that can be removed and may 
    be used as a component of an item listed in this 
    definition.
        (Q) Watch, if the timepiece is a component of an item 
    list in this definition, excluding the timepiece itself if 
    the timepiece can be removed from the ornament.
    "Manufacturer" means the person who manufactured a final 
product. In the case of a product that was imported into the 
United States, "manufacturer" includes the importer or 
domestic distributor of the product if the person who 
manufactured the product does not have a presence in the United 
States.
 
    Section 15. Regulation of cadmium in children's jewelry. No 
person may manufacture, knowingly sell, offer for sale, 
distribute for sale, or distribute for use in this State 
children's jewelry containing cadmium in any paint or surface 
coating or accessible substrate that exceeds 75 parts per 
million, as determined through solubility testing for heavy 
metals defined in the ASTM International Safety Specification 
on Toy Safety, ASTM  Standard F-963, and subsequent versions of 
this standard, unless superseded by a federal standard 
applicable to children's jewelry. This Section only applies to 
products that are manufactured after July 1, 2011.
 
    Section 20. Interstate clearinghouse. The Agency is 
authorized to participate, along with other states and 
governmental entities, in an interstate clearinghouse to 
promote safer chemicals in consumer products. The Agency may 
cooperate with the interstate clearinghouse to (i) organize and 
manage available data on chemicals, including information on 
uses, hazards, environmental concerns, safer alternatives, and 
model policies and programs, (ii) provide technical assistance 
regarding chemical safety to businesses, consumers, and policy 
makers, and (iii) undertake other activities in support of 
State programs to promote chemical safety. 
 
    Section 25. Implementation and exemption. 
    (a)        A manufacturer of children's jewelry restricted under 
this Act must notify persons that sell the manufacturer's 
products in this State about the provisions of this Act no less 
than 90 days before the effective date of the restrictions. A 
manufacturer that sells or distributes children's jewelry 
prohibited from sale or distribution under  this Act shall 
recall the product and reimburse the retailer or any other 
purchaser for the product.
    (b)        A retailer who unknowingly sells a product that is 
restricted from sale under this Act is not liable under this 
Act. 
 
    Section 30. Enforcement and penalties. 
    (a) The Attorney General is responsible for administering 
and ensuring compliance with this Act, including the 
development and adoption of any rules, if necessary, for the 
implementation and enforcement of this Act.

    (b) The Attorney General shall develop and implement a 
process for receiving and handling complaints from individuals 
regarding possible violations of this Act.
    (c) The Attorney General may conduct any investigation 
deemed necessary regarding possible violations of this Act 
including, without limitation, the issuance of subpoenas to: 
(i) require the filing of a statement or report or answer 
interrogatories in writing as to all information relevant to 
the alleged violations; (ii)  examine under oath any person who 
possesses knowledge or information directly related to the 
alleged violations; and (iii) examine any record, book, 
document, account, or paper necessary to investigate the 
alleged violation.
    (d) Service by the Attorney General of any notice requiring 
a person to file a statement or report, or of a subpoena upon 
any person, shall be made:
        (1) personally by delivery of a duly executed copy 
    thereof to the person to be served or, if a person is not a 
    natural person, in the manner provided in the Code of Civil 
    Procedure when a complaint is filed; or
        (2) by mailing by certified mail a duly executed copy 
    thereof to the person to be served at his or her last known 
    abode or principal place of business within this State.
    (e) If the Attorney General determines that there is a 
reason to believe that a violation of the Act has occurred, 
then the Attorney General may bring an action in the name of 
the People of the State to obtain temporary, preliminary, or 
permanent injunctive relief for any act, policy, or practice 
that violates this Act.
    (f) If any person fails or refuses to file any statement or 
report, or obey any subpoena, issued pursuant to subsection (c) 
of this Section, then the Attorney General may proceed to 
initiate a civil action pursuant to subsection (e) of this 
Section, or file a complaint in the circuit court for the 
granting of injunctive relief, including restraining the 
conduct that is alleged to violate this Act until the person 
files the statement or report, or obeys the subpoena.

    (g) Relief that may be granted.
        (1) In any civil action brought pursuant to subsection 
    (e) of this Section, the Attorney General may obtain as a 
    remedy, equitable relief (including any permanent or 
    preliminary injunction, temporary restraining order, or 
    other order, including an order enjoining the defendant 
    from engaging in a violation or ordering any action as may 
    be appropriate).  In addition, the Attorney General may 
    request and the Court may impose a civil penalty in an 
    amount not to exceed $50,000 for each violation.  For 
    purposes of this subsection, each item and each standard 
    constitutes a separate violation.
        (2) A civil penalty imposed or a settlement or other 
    payment made pursuant to this Act shall be made payable to 
    the Attorney General's State Projects and Court Ordered 
    Distribution Fund, which is created as a special fund in 
    the State Treasury.  Money in the Fund shall be used, 
    subject to appropriation, for the performance of any 
    function pertaining to the exercise of the duties of the 
    Attorney General including but not limited to enforcement 
    of any law of this State, product testing, and conducting 
    public education programs.
        (3) Any funds collected under this Section in an action 
    in which the State's Attorney has prevailed shall be 
    retained by the county in which he or she serves.
    (h) The penalties and injunctions provided in this Act are 
in addition to any penalties, injunctions, or other relief 
provided under any other law. Nothing in this Act

shall bar a 
cause of action by the State for any other penalty, injunction, 
or relief

provided by any other law.
 
    Section 90. The State Finance Act is amended by adding 
Section 5.756 as follows:
 
    (30 ILCS 105/5.756 new)
    Sec. 5.756. The Attorney General's State Projects and Court 
Ordered Distribution Fund.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.