Full Text of SB0944 95th General Assembly
SB0944sam001 95TH GENERAL ASSEMBLY
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Sen. Dan Kotowski
Filed: 5/20/2008
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| AMENDMENT TO SENATE BILL 944
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| AMENDMENT NO. ______. Amend Senate Bill 944 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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: | 8 |
| (1) Research shows that many toys, children's products, and | 9 |
| other consumer products contain lead, cadmium, phthalates, | 10 |
| bisphenol A, and other chemicals that have been shown to cause | 11 |
| harm to children's health and the environment. These chemicals, | 12 |
| and others like them, have been linked to long-term health | 13 |
| impacts such as birth defects, reproductive harm, impaired | 14 |
| learning, liver toxicity, and cancer. | 15 |
| (2) The scientific literature provides extensive evidence | 16 |
| that bisphenol-A and pththalates are hormone-disrupting |
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| chemicals, that these chemicals are found in humans at levels | 2 |
| associated with adverse effects, and that lead and cadmium are | 3 |
| dangerous neurotoxicants that can damage the human brains, | 4 |
| internal organs, and nervous systems. | 5 |
| (3) Because children's bodies are growing and developing, | 6 |
| they are especially vulnerable to the effects of toxic | 7 |
| chemicals. | 8 |
| (4) To protect children's health, it is important to phase | 9 |
| out the use of lead, cadmium, phthalates, and bisphenol A in | 10 |
| children's toys and to collect information on other hazardous | 11 |
| chemicals that are present in toys and other products to | 12 |
| determine whether further action is required. | 13 |
| Section 10. Definitions. In this Act: | 14 |
| "Agency" means the Illinois Environmental Protection | 15 |
| Agency. | 16 |
| "Alternative" means a substitute process, product, | 17 |
| material, chemical, strategy, or combination of these that | 18 |
| serves a functionally equivalent purpose to a chemical in a | 19 |
| consumer product. | 20 |
| "Children's jewelry" means jewelry that is made for, | 21 |
| marketed for use by, or marketed to children under the age of | 22 |
| 12 and includes jewelry that meets any of the following | 23 |
| conditions: | 24 |
| (1) represented in its packaging, display, or | 25 |
| advertising as appropriate for use by children under the |
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| age of 12; | 2 |
| (2) sold in conjunction with, attached to, or packaged | 3 |
| together with other products that are packaged, displayed, | 4 |
| or advertised as appropriate for use by children; | 5 |
| (3) sized for children and not intended for use by | 6 |
| adults; or | 7 |
| (4) sold in any of the following: | 8 |
| (i) a vending machine; | 9 |
| (ii) a retail store, catalogue, or online web site, | 10 |
| in which a person exclusively offers for sale products | 11 |
| that are packaged, displayed, or advertised as | 12 |
| appropriate for use by children; or | 13 |
| (iii) a discrete portion of a retail store, | 14 |
| catalogue, or online web site, in which a person offers | 15 |
| for sale products that are packaged, displayed, or | 16 |
| advertised as appropriate for use by children. | 17 |
| "Children's product" includes any of the following: | 18 |
| (1) toys; | 19 |
| (2) cosmetics intended for children under the age of | 20 |
| 12; | 21 |
| (3) children's jewelry; | 22 |
| (4) a product designed or intended by the manufacturer | 23 |
| to help a child with sucking or teething, to facilitate | 24 |
| sleep, relaxation, or the feeding of a child, or to be worn | 25 |
| as clothing by children; or | 26 |
| (5) child car seats. |
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| "Chemical of high concern" means a chemical identified by | 2 |
| an authoritative government entity on the basis of credible | 3 |
| scientific evidence as known to: | 4 |
| (1) harm the normal development of a fetus or child or | 5 |
| cause other developmental toxicity; | 6 |
| (2) cause cancer, genetic damage, or reproductive | 7 |
| harm; | 8 |
| (3) disrupt the endocrine or hormone system; | 9 |
| (4) damage the nervous system, immune system, or organs | 10 |
| or cause other systemic toxicity; | 11 |
| (5) be persistent, bioaccumulative, and toxic; or | 12 |
| (6) be very persistent and very bioaccumulative. | 13 |
| "Chemical of low concern" means a chemical for which | 14 |
| adequate toxicity and environmental data are available to | 15 |
| determine that it is not a chemical of high concern, a chemical | 16 |
| of moderate concern, or a chemical of unknown concern. | 17 |
| "Chemical of moderate concern" means a chemical identified | 18 |
| by an authoritative governmental entity on the basis of | 19 |
| credible scientific evidence as being suspected of causing an | 20 |
| adverse health or environmental effect listed in the definition | 21 |
| of "chemicals of high concern." | 22 |
| "Chemical of unknown concern" means a chemical for which | 23 |
| insufficient data are available to classify it as a chemical of | 24 |
| high concern, a chemical of moderate concern, or a chemical of | 25 |
| low concern. | 26 |
| "Consumer product" means any item sold for residential or |
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| commercial use, including any component parts and packaging. | 2 |
| For purposes of this Act, a consumer product does not include a | 3 |
| drug or biologic regulated by the U.S. Food and Drug | 4 |
| Administration, a food or beverage or additives thereto, | 5 |
| tobacco products, or a pesticide regulated by the U.S. | 6 |
| Environmental Protection Agency, except that a consumer | 7 |
| product may include a container or packaging in which those | 8 |
| products are sold. | 9 |
| "Cosmetics" includes articles intended to be rubbed, | 10 |
| poured, sprinkled, or sprayed on, introduced into, or otherwise | 11 |
| applied to the human body or any part thereof for cleansing, | 12 |
| beautifying, promoting attractiveness, or altering the | 13 |
| appearance, and articles intended for use as a component of | 14 |
| such an article. | 15 |
| "Distributor" means a person who sells products to retail | 16 |
| establishments on a wholesale basis. | 17 |
| "Manufacturer" means the person who manufactured a final | 18 |
| product or whose brand name is affixed to the product. In the | 19 |
| case of a product that was imported into the United States, | 20 |
| "manufacturer" includes the importer or domestic distributor | 21 |
| of the product if the person who manufactured or assembled the | 22 |
| product or whose brand name is affixed to the product does not | 23 |
| have a presence in the United States. | 24 |
| "Priority chemical" means a chemical designated as such | 25 |
| pursuant to Section 20 of this Act. | 26 |
| "Phthalates" means di-(2-ethylhexyl) phthalate (DEHP), |
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| dibutyl 34 phthalate (DBP), benzyl butyl phthalate (BBP), | 2 |
| diisonoyl phthalate 35 (DINP), diisodecyl phthalate (DIDP), or | 3 |
| di-n-octyl phthalate (DnOP). | 4 |
| "Safer alternative" means an alternative that, when | 5 |
| compared to a priority chemical that it could replace, would | 6 |
| reduce the potential for harm to human health or the | 7 |
| environment or that has not been shown to pose the same or | 8 |
| greater potential for harm to human health or the environment | 9 |
| as that priority chemical. | 10 |
| "Toy" means a product designed or intended by the | 11 |
| manufacturer to be used by a child at play. | 12 |
| "Trade association" means a membership organization of | 13 |
| persons engaging in a similar or related line of commerce, | 14 |
| organized to promote and improve business conditions in that | 15 |
| line of commerce and not to engage in a regular business of a | 16 |
| kind ordinarily carried on for profit. | 17 |
| Section 15. Regulation of toxic chemicals in children's | 18 |
| products. | 19 |
| (a) Beginning July 1, 2009, no person may manufacture, | 20 |
| knowingly sell, offer for sale, distribute for sale, or | 21 |
| distribute for use in this State a children's product or | 22 |
| product component containing the following: | 23 |
| (i) lead or cadmium at more than 0.004 percent by | 24 |
| weight (40 parts per million); or | 25 |
| (ii) phthalates, individually or in combination, at |
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| more than 0.01 percent by weight (100 parts per million). | 2 |
| (b) Beginning July 1, 2009, no person may manufacture, | 3 |
| knowingly sell, offer for sale, distribute for sale, or | 4 |
| distribute for use in this State a children's product intended | 5 |
| for a child under 3 years of age if that product contains or | 6 |
| leaches bisphenol A. | 7 |
| Section 20. Chemicals of high concern to children | 8 |
| designated as priority chemicals. | 9 |
| (a) Lead, cadmium, phthalates, and bisphenol A are hereby | 10 |
| designated priority chemicals. | 11 |
| (b) The Agency may designate chemicals of high concern as | 12 |
| additional priority chemicals after considering a child's or | 13 |
| developing fetus's potential for exposure to the chemical based | 14 |
| on credible scientific evidence of any one or more of the | 15 |
| following: | 16 |
| (i) the chemical has been found through biomonitoring | 17 |
| to be present in human blood, including umbilical cord | 18 |
| blood, breast milk, urine, or other bodily tissues or | 19 |
| fluids; | 20 |
| (ii) the chemical has been found through sampling and | 21 |
| analysis to be present in household dust, indoor air, | 22 |
| drinking water, or elsewhere in the home environment; | 23 |
| (iii) the chemical has been added to or is present in a | 24 |
| consumer product used or present in the home; or | 25 |
| (iv) the chemical has been identified as a high |
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| production volume chemical by the U.S. Environmental | 2 |
| Protection Agency. | 3 |
| Section 25. Reporting of priority chemicals in consumer | 4 |
| products. | 5 |
| (a) Six months after a chemical is identified as a priority | 6 |
| chemical pursuant to Section 20 of this Act, a manufacturer of | 7 |
| a consumer product containing a priority chemical, or a trade | 8 |
| association on behalf of its members, shall provide notice to | 9 |
| the Agency that the manufacturer's product contains a priority | 10 |
| chemical. The notice shall be in electronic format. The notice | 11 |
| must be filed annually with the Agency and shall include the | 12 |
| following information: | 13 |
| (i) the name and a brief description of the product; | 14 |
| (ii) the name of the priority chemical; | 15 |
| (iii) the amount of the chemical in each unit of the | 16 |
| product; | 17 |
| (iv) the total amount of the chemical in all units of | 18 |
| the product sold in Illinois and the United States during | 19 |
| the most recent calendar year for which sales figures are | 20 |
| available; | 21 |
| (v) the intended purpose of the chemical in the | 22 |
| product; | 23 |
| (vi) the name and address of the manufacturer and the | 24 |
| name, address, and phone number of a contact person for the | 25 |
| manufacturer of the product; and |
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| (vii) a statement of the manufacturer's policy | 2 |
| regarding the use of priority chemicals in consumer | 3 |
| products. | 4 |
| (b) The Agency may waive the notification requirement under | 5 |
| subsection (a) of this Section for one or more specified uses | 6 |
| of a priority chemical if the Agency determines that | 7 |
| substantially equivalent information is already publicly | 8 |
| available or that the specified use or uses are minor in volume | 9 |
| and very unlikely to result in exposure of a child or fetus to | 10 |
| the chemical. The Agency may grant an extension of the deadline | 11 |
| for submission of the required information for one or more | 12 |
| specified uses of a priority chemical in a consumer product if | 13 |
| it determines that more time is needed by the manufacturer. | 14 |
| Section 30. Other authorities and responsibilities of the | 15 |
| Agency. | 16 |
| (a) The Agency shall develop, publish, and maintain a web | 17 |
| site that includes a list of priority chemicals, with | 18 |
| explanations for why they are so designated, and provides | 19 |
| consumers with information on consumer products that contain | 20 |
| priority chemicals and available information on safer | 21 |
| alternatives to the priority chemical. | 22 |
| (b) By January 15 2009, and January 15 of every subsequent | 23 |
| 2-year period in which one or more chemicals has been | 24 |
| designated a priority chemical pursuant to Section 20 of this | 25 |
| Act, the Agency shall submit a report on priority chemicals in |
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| consumer products to the committees of the legislature having | 2 |
| jurisdiction over environmental health matters. The report | 3 |
| shall identify consumer products or product categories that may | 4 |
| contain priority chemicals, available information on safer | 5 |
| alternatives to those chemicals, and a list of and | 6 |
| recommendations regarding policy options for addressing | 7 |
| consumer products that contain priority chemicals, including, | 8 |
| but not limited to, policies that phase out existing and | 9 |
| prevent new uses of priority chemicals in consumer products, | 10 |
| policies to facilitate the identification or development of | 11 |
| safer alternatives, and ways to inform consumers about toxic | 12 |
| chemicals in products, including labeling. | 13 |
| (c) The Agency may assess fees, not to exceed $250 for a | 14 |
| manufacturer or $10,000 for a trade association, payable upon | 15 |
| submission of notice of priority chemical use, to cover the | 16 |
| Agency's reasonable costs, including hiring staff, in | 17 |
| complying with the requirements of this Act. | 18 |
| (d) The Agency has the authority to require that a | 19 |
| manufacturer of a children's product containing a priority | 20 |
| chemical, or a trade association on its member's behalf, | 21 |
| prepare and submit a report acceptable to the Agency that | 22 |
| assesses the availability of safer alternatives to that | 23 |
| chemical. The Agency shall the allow the manufacturer or trade | 24 |
| association reasonable time to complete the report. If a report | 25 |
| acceptable to the Agency is not timely submitted, the Agency | 26 |
| may assess a fee on the manufacturer or distributor to cover |
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| the costs to prepare an independent report on the availability | 2 |
| of safer alternatives by Agency staff or a contractor of the | 3 |
| Agency's choice. | 4 |
| Section 35. Exemptions. The following are exempt from the | 5 |
| reporting and requirements in Section 20 of this Act. | 6 |
| (a) Industry. The requirements of this Act do not apply to | 7 |
| the use of priority chemicals for industrial or manufacturing | 8 |
| purposes if that use does not result in the priority chemicals | 9 |
| inclusion in a consumer product. | 10 |
| (b) Transportation. The requirements of this Act do not | 11 |
| apply to transportation vehicles or their component parts, | 12 |
| except that the use of priority chemicals in detachable car | 13 |
| seats is not exempt. | 14 |
| (c) Combustion. The requirements of this Act do not apply | 15 |
| to priority chemicals generated solely as combustion | 16 |
| byproducts or that are present in combustible fuels. | 17 |
| (d) Retailers. Retailers are exempt from the requirements | 18 |
| of this Act, except if they knowingly sell a consumer product | 19 |
| containing a priority chemical after the effective date of its | 20 |
| prohibition under this Act for which they have received prior | 21 |
| notification from a manufacturer, trade association, or the | 22 |
| State. | 23 |
| Section 40. Interstate clearinghouse. The Agency is | 24 |
| authorized to participate in an interstate clearinghouse to |
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| promote safer chemicals in consumer products in cooperation | 2 |
| with other states and governmental entities. The Agency may | 3 |
| cooperate with the interstate clearinghouse to organize and | 4 |
| manage available data on chemicals, including information on | 5 |
| uses, hazards, and environmental concerns; to produce an | 6 |
| inventory of information on safer alternatives to specific uses | 7 |
| of chemicals of high concern, and on model policies and | 8 |
| programs; to provide technical assistance to business and | 9 |
| consumers related to safer chemicals; and to undertake other | 10 |
| activities in support of State programs to promote safer | 11 |
| chemicals. The Agency may provide the interstate clearinghouse | 12 |
| with product information submitted to the Agency in accordance | 13 |
| with this Act. | 14 |
| Section 45. Enforcement and implementation. | 15 |
| (a) A consumer product containing a priority chemical may | 16 |
| not be knowingly offered for final sale, use, or distribution | 17 |
| after the effective date of this Act unless the manufacturer of | 18 |
| that product is in compliance with the requirements of this | 19 |
| Act. | 20 |
| (b) A manufacturer of consumer products that are restricted | 21 |
| under this Act must notify persons that sell the manufacturer's | 22 |
| products in this State about the provisions of this Act no less | 23 |
| than 90 days prior to the effective date of the restrictions. A | 24 |
| manufacturer that produces, sells, or distributes a consumer | 25 |
| product prohibited from manufacture, sale, or distribution in |
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| this Act shall recall the product and reimburse the retailer or | 2 |
| any other purchaser for the product. | 3 |
| (c) A manufacturer of consumer products in violation of | 4 |
| this Act is subject to a civil penalty not to exceed $5,000 for | 5 |
| each violation in the case of a first offense. Manufacturers | 6 |
| who are repeat violators are subject to a civil penalty not to | 7 |
| exceed $10,000 for each repeat offense. Penalties collected | 8 |
| under this Section shall be allocated to the Agency to help | 9 |
| cover the Agency's reasonable costs in complying with the | 10 |
| requirements of this Act. | 11 |
| (d) If there are grounds to suspect that a product is being | 12 |
| offered for sale, use, or distribution in violation of this | 13 |
| Act, the Agency may request the manufacturer to provide a | 14 |
| certificate of compliance. Within 10 days after receipt of a | 15 |
| request, the manufacturer shall: | 16 |
| (i) provide the Agency with a certificate attesting | 17 |
| that the product complies with the requirements of this | 18 |
| Section; or | 19 |
| (ii) notify persons who sell the manufacturer's | 20 |
| products in this State that the sale of the product is | 21 |
| prohibited and reimburse them for the product and any | 22 |
| applicable shipping and handling charges for returning the | 23 |
| product.
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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