Rep. Elaine Nekritz
Filed: 3/26/2009
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1 | AMENDMENT TO HOUSE BILL 2485
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2 | AMENDMENT NO. ______. Amend House Bill 2485 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Child-Safe Chemicals Act. | ||||||
6 | Section 5. Legislative findings. The General Assembly | ||||||
7 | finds that: | ||||||
8 | (a) The incidence of some diseases and disorders that have | ||||||
9 | been linked to chemical exposures is on the rise. | ||||||
10 | (b) The metabolism, physiology, and exposure patterns of | ||||||
11 | developing fetuses, infants, and children to toxic chemicals | ||||||
12 | differ from those of adults, which makes children more | ||||||
13 | vulnerable than adults to the harmful effects of exposure to | ||||||
14 | some synthetic chemicals. | ||||||
15 | (c) Unlike pharmaceuticals and pesticides, manufacturers | ||||||
16 | of most chemical substances are not required under current law |
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1 | to supply human or environmental toxicity information before | ||||||
2 | selling their products to the public. Consequently, the vast | ||||||
3 | majority of chemicals used in consumer products have never had | ||||||
4 | any federal or state government review to evaluate potential | ||||||
5 | toxicity to the environment, infants, children, developing | ||||||
6 | fetuses, or adults. | ||||||
7 | (d) To protect children's health, it is important to reduce | ||||||
8 | or eliminate exposures to certain chemicals that are present in | ||||||
9 | children's products or that may be reasonably anticipated to | ||||||
10 | result in children's exposure or be placed in the mouths of | ||||||
11 | children. | ||||||
12 | Section 10. Definitions. | ||||||
13 | "Agency" means the Illinois Environmental Protection | ||||||
14 | Agency. | ||||||
15 | "Manufacturer" means a person who manufactured a final | ||||||
16 | product or whose brand name is affixed to a product. In the | ||||||
17 | case of a product that was imported into the United States, | ||||||
18 | "manufacturer" includes the importer or domestic distributor | ||||||
19 | of the product if the person who manufactured or assembled the | ||||||
20 | product or whose brand name is affixed to it does not have a | ||||||
21 | presence in the United States. | ||||||
22 | "Metal can" means a single-walled container that is (i) | ||||||
23 | manufactured from a metal substrate equal to or thinner than | ||||||
24 | 0.0149 inches, (ii) designed to hold or pack any food or | ||||||
25 | beverage, and (iii) sealed by can ends manufactured from metal |
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1 | substrate that is equal to or thinner than 0.0149 inches. | ||||||
2 | "Person" means any individual, partnership, | ||||||
3 | co-partnership, firm, company, limited liability company, | ||||||
4 | corporation, association, joint stock company, trust, estate, | ||||||
5 | political subdivision, state agency, or any other legal entity, | ||||||
6 | or his, her, or its legal representative, agent, or assigns. | ||||||
7 | Section 15. Bisphenol A ban. | ||||||
8 | (a) Beginning July 1, 2010, no person shall sell, offer to | ||||||
9 | sell, distribute, or offer to distribute any of the following: | ||||||
10 | (1) Any children's food container, including any baby | ||||||
11 | bottle or sippy cup, that contains bisphenol A if that | ||||||
12 | container (i) is designed, intended, or marketed to be | ||||||
13 | filled with any food or beverage primarily for consumption | ||||||
14 | by children 3 years of age or younger and (ii) is sold or | ||||||
15 | distributed at retail without containing any liquid, food, | ||||||
16 | or beverage. | ||||||
17 | (2) Any sports water bottle that contains bisphenol A. | ||||||
18 | (b) This Section does not apply to the sale, offer to sell, | ||||||
19 | distribution, or offer to distribute metal cans. | ||||||
20 | Section 20. Interstate clearinghouse. The Illinois | ||||||
21 | Environmental Protection Agency and Illinois Department of | ||||||
22 | Public Health are authorized to participate in an interstate | ||||||
23 | clearinghouse to promote safer chemicals in consumer products | ||||||
24 | in cooperation with other states and governmental entities. The |
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1 | Agency and Department may cooperate with the interstate | ||||||
2 | clearinghouse to organize and manage available data on | ||||||
3 | chemicals, including information on uses, hazards, | ||||||
4 | environmental concerns, safer alternatives, and model policies | ||||||
5 | and programs; to provide technical assistance to businesses, | ||||||
6 | consumers, and policy makers related to safer chemicals; and to | ||||||
7 | undertake other activities in support of State programs to | ||||||
8 | promote safer chemicals. | ||||||
9 | Section 25. Implementation and exemption. | ||||||
10 | (a) A manufacturer of products restricted under this Act | ||||||
11 | must notify persons that sell the manufacturer's products in | ||||||
12 | this State about the provisions of this Act no less than 90 | ||||||
13 | days before the effective date of the restrictions. A | ||||||
14 | manufacturer that sells or distributes a product prohibited | ||||||
15 | from sale or distribution under this Act shall recall the | ||||||
16 | product and reimburse the retailer or any other purchaser for | ||||||
17 | the product. | ||||||
18 | (b) A retailer who unknowingly sells a product that is | ||||||
19 | restricted from sale under this Act is not liable under this | ||||||
20 | Act. | ||||||
21 | Section 30. Enforcement and penalties. | ||||||
22 | (a) The Attorney General is responsible for administering | ||||||
23 | and ensuring compliance with this Act, including the | ||||||
24 | development and adoption of any rules, if necessary, for the |
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1 | implementation and enforcement of this Act.
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2 | (b) The Attorney General shall develop and implement a | ||||||
3 | process for receiving and handling complaints from individuals | ||||||
4 | regarding possible violations of this Act. | ||||||
5 | (c) The Attorney General may conduct any investigation | ||||||
6 | deemed necessary regarding possible violations of this Act | ||||||
7 | including, without limitation, the issuance of subpoenas to: | ||||||
8 | (i) require the filing of a statement or report or answer | ||||||
9 | interrogatories in writing as to all information relevant to | ||||||
10 | the alleged violations; (ii) examine under oath any person who | ||||||
11 | possesses knowledge or information directly related to the | ||||||
12 | alleged violations; and (iii) examine any record, book, | ||||||
13 | document, account, or paper necessary to investigate the | ||||||
14 | alleged violation. | ||||||
15 | (d) Service by the Attorney General of any notice requiring | ||||||
16 | a person to file a statement or report, or of a subpoena upon | ||||||
17 | any person, shall be made: | ||||||
18 | (1) personally by delivery of a duly executed copy | ||||||
19 | thereof to the person to be served or, if a person is not a | ||||||
20 | natural person, in the manner provided in the Code of Civil | ||||||
21 | Procedure when a complaint is filed; or | ||||||
22 | (2) by mailing by certified mail a duly executed copy | ||||||
23 | thereof to the person to be served at his or her last known | ||||||
24 | abode or principal place of business within this State. | ||||||
25 | (e) In lieu of a civil action, the individual or entity | ||||||
26 | alleged to have engaged in a pattern or practice deemed |
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1 | violative of this Act may enter into an Assurance of Voluntary | ||||||
2 | Compliance with respect to the alleged pattern or practice | ||||||
3 | violation. | ||||||
4 | (f) If the Attorney General determines that there is a | ||||||
5 | reason to believe that a violation of the Act has occurred, the | ||||||
6 | Attorney General may bring an action in the name of the People | ||||||
7 | of the State to obtain temporary, preliminary, or permanent | ||||||
8 | injunctive relief for any act, policy, or practice that | ||||||
9 | violates this Act. | ||||||
10 | (g) If any person fails or refuses to file any statement or | ||||||
11 | report, or obey any subpoena, issued pursuant to subsection (c) | ||||||
12 | of this Section, the Attorney General may proceed to initiate a | ||||||
13 | civil action pursuant to subsection (f) of this Section, or | ||||||
14 | file a complaint in the circuit court for the granting of | ||||||
15 | injunctive relief, including restraining the conduct that is | ||||||
16 | alleged to violate this Act until the person files the | ||||||
17 | statement or report, or obeys the subpoena.
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18 | (h) Relief that may be granted. | ||||||
19 | (1) In any civil action brought pursuant to subsection | ||||||
20 | (f) of this Section, the Attorney General may obtain as a | ||||||
21 | remedy, equitable relief (including any permanent or | ||||||
22 | preliminary injunction, temporary restraining order, or | ||||||
23 | other order, including an order enjoining the defendant | ||||||
24 | from engaging in a violation or ordering any action as may | ||||||
25 | be appropriate). In addition, the Attorney General may | ||||||
26 | request and the Court may impose a civil penalty in an |
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1 | amount not to exceed $50,000 for each violation. For | ||||||
2 | purposes of this subsection, each item and each standard | ||||||
3 | constitutes a separate violation. | ||||||
4 | (2) A civil penalty imposed or a settlement or other | ||||||
5 | payment made pursuant to this Act shall be made payable to | ||||||
6 | the Attorney General's State Projects and Court Ordered | ||||||
7 | Distribution Fund, which is created as a special fund in | ||||||
8 | the State Treasury. Moneys in the Fund shall be used, | ||||||
9 | subject to appropriation, for the performance of any | ||||||
10 | function pertaining to the exercise of the duties of the | ||||||
11 | Attorney General including but not limited to enforcement | ||||||
12 | of any law of this State, product testing, and conducting | ||||||
13 | public education programs. | ||||||
14 | (3) Any funds collected under this Section in an action | ||||||
15 | in which the State's Attorney has prevailed shall be | ||||||
16 | retained by the county in which he or she serves.
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17 | (i) The penalties and injunctions provided in this Act are | ||||||
18 | in addition to any penalties, injunctions, or other relief | ||||||
19 | provided under any other law. Nothing in this Act
shall bar a | ||||||
20 | cause of action by the State for any other penalty, injunction, | ||||||
21 | or relief
provided by any other law.
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22 | Section 90. The State Finance Act is amended by adding | ||||||
23 | Section 5.719 as follows: | ||||||
24 | (30 ILCS 105/5.719 new) |
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1 | Sec. 5.719. The Attorney General's State Projects and Court | ||||||
2 | Ordered Distribution Fund. ".
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