HB4351 95TH GENERAL ASSEMBLY

LRB095 15999 KBJ 42013 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4351

Introduced , by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

New Act

Creates the Children's Products Safety Act. Provides that no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent. Provides that no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under 3 years of age if that product can be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent. Provides that manufacturers shall use the least toxic alternative when replacing phthalates in accordance with the Act. Provides that manufacturers shall not replace phthalates with carcinogens rated by the United States Environmental Protection Agency as A, B, or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens. Provides that manufacturers shall not replace phthalates with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency. Effective January 1, 2009.

A BILL FOR

AN ACT concerning public health.

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 Children's Products Safety Act.

Section 5. Findings. The General Assembly finds all of the following:

(a) Phthalates are a class of chemicals used in polyvinyl chloride (PVC) plastic to improve its flexibility and in cosmetics to bind fragrance to the product. Phthalates are used in many products intended for use by young children, including, but not limited to, teethers, toys, and soft plastic books.

(b) There is extensive scientific literature reporting the hormone-disrupting effects of phthalates and substantial evidence that levels of the phthalates of concern are found in humans at levels associated with adverse effects. Population studies show that virtually everyone carries some level of phthalates in their body. For the general population, the oral route of exposure to phthalates is considered the primary route of exposure leading to levels of phthalates in the body.

Section 10. Definitions. In this Act:

"Child care article" means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

"Toy" means all products designed or intended by the manufacturer to be used by children when they play.

Section 15. Regulation of phthalates.

(a) No person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent.

(b) No person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under 3 years of age if that product can be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.

(c) Manufacturers shall use the least toxic alternative when replacing phthalates in accordance with this Act.

(d) Manufacturers shall not replace phthalates with carcinogens rated by the United States Environmental Protection Agency as A, B, or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the "List of Chemicals Evaluated for Carcinogenic Potential".

(e) Manufacturers shall not replace phthalates, pursuant to this Act, with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency.

Section 99. Effective date. This Act takes effect January 1, 2009.