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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Lead Poisoning Prevention Act is amended by | |||||||||||||||||||
5 | changing Section 6 as follows:
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6 | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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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 | |||||||||||||||||||
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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1 | 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 intended to be | ||||||
7 | placed in a child's mouth and is designed or intended by the | ||||||
8 | manufacturer to facilitate the sleep, relaxation, or feeding of | ||||||
9 | children under the age of 6 or to help with children under the | ||||||
10 | age of 6 who are sucking or 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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1 | 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 | ||||||
16 | or on a legible sign or shelf tag placed in close proximity to | ||||||
17 | where the product is displayed such that consumers are likely | ||||||
18 | to see the warning when it is examined under retail conditions .
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19 | This subsection (b) does not apply to any product for which | ||||||
20 | federal law governs warning in a manner that preempts State | ||||||
21 | authority. | ||||||
22 | The warning statement required under this subsection (b) is | ||||||
23 | not required if any component part of the item containing lead | ||||||
24 | is not accessible to a child through normal and reasonably | ||||||
25 | foreseeable use and abuse as defined by the United States | ||||||
26 | Consumer Product Safety Commission. |
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1 | (c) Other lead bearing substance. No person, firm, or | ||||||
2 | corporation shall have,
offer for sale, sell, or give away any | ||||||
3 | lead bearing substance that may be
used by the general public, | ||||||
4 | except as otherwise provided in subsection (b) of this Section, | ||||||
5 | unless it bears the warning statement as
prescribed by federal | ||||||
6 | regulation. If no regulation is prescribed the
warning | ||||||
7 | statement shall be as follows when the lead bearing substance | ||||||
8 | is a lead-based paint or surface coating: "WARNING--CONTAINS | ||||||
9 | LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
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10 | (Side or Back) Panel. Do not apply on toys, or other children's | ||||||
11 | articles,
furniture, or interior, or exterior exposed surfaces | ||||||
12 | of any residential
building or facility that may be occupied or | ||||||
13 | used by children. KEEP OUT OF
THE REACH OF CHILDREN.". If no | ||||||
14 | regulation is prescribed the warning statement shall be as | ||||||
15 | follows when the lead bearing substance contains lead-based | ||||||
16 | paint or a form of lead other than lead-based paint: "WARNING | ||||||
17 | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE | ||||||
18 | DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
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19 | For the purposes of this subsection (c), the generic term | ||||||
20 | of a product, such as "paint" may be substituted
for the word | ||||||
21 | "substance" in the above labeling.
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22 | (d) The warning statements on items covered in subsections | ||||||
23 | (a), (b), and (c) of this Section shall be in accordance with, | ||||||
24 | or substantially similar to, the following: | ||||||
25 | (1) the statement shall be located in a prominent place | ||||||
26 | on the item or package or, for items covered under |
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1 | subsection (b) of this Section, on a legible sign or shelf | ||||||
2 | tag placed in close proximity to where the item or package | ||||||
3 | is displayed such that consumers are likely to see the | ||||||
4 | statement when it is examined under retail 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.
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7 | (Source: P.A. 94-879, eff. 6-20-06; 95-1019, eff. 6-1-09 .)
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