Full Text of SB1943 97th General Assembly
SB1943enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Lead Poisoning Prevention Act is amended by | 5 | | changing Section 6 as follows:
| 6 | | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
| 7 | | Sec. 6. Warning statement. | 8 | | (a) Definitions. As used in this Section: | 9 | | "Body piercing jewelry" means any part of jewelry that is
| 10 | | manufactured or sold for placement in a new piercing or a | 11 | | mucous
membrane, but does not include any part of that jewelry | 12 | | that is not
placed within a new piercing or a mucous membrane. | 13 | | "Children's jewelry" means jewelry that is made for, | 14 | | marketed for use by, or marketed to children under the age of | 15 | | 12 and includes jewelry that meets any of the following | 16 | | conditions: | 17 | | (1) represented in its packaging, display, or | 18 | | advertising as appropriate for use by children under the | 19 | | age of 12; | 20 | | (2) sold in conjunction with, attached to, or packaged | 21 | | together with other products that are packaged, displayed, | 22 | | or advertised as appropriate for use by children under 12; | 23 | | (3) sized for children and not intended for use by |
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| 1 | | adults; or | 2 | | (4) sold in any of the following places: a vending | 3 | | machine; a retail store, catalogue, or online Web site in | 4 | | which a person exclusively offers for sale products that | 5 | | are packaged, displayed, or advertised as appropriate for | 6 | | use by children; or a discrete portion of a retail store, | 7 | | catalogue, or online Web site in which a person offers for | 8 | | sale products that are packaged, displayed or advertised as | 9 | | appropriate for use by children. | 10 | | "Child care article" means an item that is designed or | 11 | | intended by the manufacturer to facilitate the sleep, | 12 | | relaxation, or feeding of children under the age of 6 or to | 13 | | help with children under the age of 6 who are sucking or | 14 | | teething. An item meets this definition if it is (i) designed | 15 | | or intended to be used directly in the mouth by the child or | 16 | | (ii) is used to facilitate sleep, relaxation, or feeding of | 17 | | children under the age of 6 or help with children under the age | 18 | | of 6 who are sucking or teething and, because of its proximity | 19 | | to the child, is likely to be mouthed, chewed, sucked, or | 20 | | licked. | 21 | | "Jewelry" means any of the following ornaments worn by a | 22 | | person: | 23 | | (A) Ankle bracelet. | 24 | | (B) Arm cuff. | 25 | | (C) Bracelet. | 26 | | (D) Brooch. |
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| 1 | | (E) Chain. | 2 | | (F) Crown. | 3 | | (G) Cuff link. | 4 | | (H) Hair accessory. | 5 | | (I) Earring. | 6 | | (J) Necklace. | 7 | | (K) Decorative pin. | 8 | | (L) Ring. | 9 | | (M) Body piercing jewelry. | 10 | | (N) Jewelry placed in the mouth for display or | 11 | | ornament. | 12 | | (O) Any charm, bead, chain, link, pendant, or other | 13 | | component of the items listed in this definition. | 14 | | (P) A charm, bead, chain, link, pendant, or other | 15 | | attachment to
shoes or clothing that can be removed and may | 16 | | be used as a component
of an item listed in this | 17 | | definition. | 18 | | (Q) A watch in which a timepiece is a component of an | 19 | | item
listed in this definition, excluding the timepiece | 20 | | itself if the
timepiece can be removed from the ornament. | 21 | | "Toy containing paint" means a painted toy with an | 22 | | accessible component containing any external coating, | 23 | | including, but not limited to, paint, ink, lacquer, or screen | 24 | | printing, designed for or intended for use by children under | 25 | | the age of 12 at play. For the purposes of this Section, "toy" | 26 | | is any object designed, manufactured, or marketed as a |
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| 1 | | plaything for children under the age of 12 and is excluded from | 2 | | the definitions of "child care article" and "jewelry". In | 3 | | determining whether a toy containing paint is designed for or | 4 | | intended for use by children under the age of 12, the following | 5 | | factors shall be considered: | 6 | | (i) a statement by a manufacturer about the intended | 7 | | use of the product, including a label on the product, if | 8 | | such statement is reasonable; | 9 | | (ii) whether the product is represented in its | 10 | | packaging, display, promotion, or advertising as | 11 | | appropriate for children under the age of 12; and | 12 | | (iii) whether the product is commonly recognized by | 13 | | consumers as being intended for use by a child under the | 14 | | age of 12. | 15 | | (b) Children's products. Effective January 1, 2010, no | 16 | | person, firm, or corporation shall sell, have, offer for sale, | 17 | | or transfer the items listed in this Section that contain a | 18 | | total lead content in any component part of the item that is | 19 | | more than 0.004% (40 parts per million) but less than 0.06% | 20 | | (600 parts per million) by total weight or a lower standard for | 21 | | lead content as may be established by federal or State law or | 22 | | regulation unless that item bears a warning statement that | 23 | | indicates that at least one component part of the item contains | 24 | | lead. | 25 | | The warning statement for items covered under this | 26 | | subsection (b) shall contain at least the following: "WARNING: |
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| 1 | | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH | 2 | | FEDERAL STANDARDS.". "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF | 3 | | EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD." | 4 | | An entity is in compliance with this subsection (b) if the | 5 | | warning statement is provided on the children's product or on | 6 | | the label on the immediate container of the children's product.
| 7 | | This subsection (b) does not apply to any product for which | 8 | | federal law governs warning in a manner that preempts State | 9 | | authority. | 10 | | The warning statement required under this subsection (b) is | 11 | | not required if the component parts of the item containing lead | 12 | | are inaccessible to a child through normal and reasonably | 13 | | foreseeable use and abuse as defined by the United States | 14 | | Consumer Product Safety Commission. | 15 | | The warning statement required under this subsection (b) is | 16 | | not required if the component parts in question are exempt from | 17 | | third-party testing as determined by the United States Consumer | 18 | | Product Safety Commission. | 19 | | (c) Other lead bearing substance. No person, firm, or | 20 | | corporation shall have,
offer for sale, sell, or give away any | 21 | | lead bearing substance that may be
used by the general public, | 22 | | except as otherwise provided in subsection (b) of this Section, | 23 | | unless it bears the warning statement as
prescribed by federal | 24 | | regulation. (i) If no regulation is prescribed the
warning | 25 | | statement shall be as follows when the lead bearing substance | 26 | | is a lead-based paint or surface coating: "WARNING--CONTAINS |
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| 1 | | LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
| 2 | | (Side or Back) Panel. Do not apply on toys, or other children's | 3 | | articles,
furniture, or interior, or exterior exposed surfaces | 4 | | of any residential
building or facility that may be occupied or | 5 | | used by children. KEEP OUT OF
THE REACH OF CHILDREN.". (ii) If | 6 | | no regulation is prescribed the warning statement shall be as | 7 | | follows when the lead bearing substance contains lead-based | 8 | | paint or a form of lead other than lead-based paint: "WARNING | 9 | | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE | 10 | | DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
| 11 | | For the purposes of this subsection (c), the generic term | 12 | | of a product, such as "paint" may be substituted
for the word | 13 | | "substance" in the above labeling.
| 14 | | (d) The warning statements on items covered in subsections | 15 | | (a), (b), and (c) of this Section shall be in accordance with, | 16 | | or substantially similar to, the following: | 17 | | (1) the statement shall be located in a prominent place | 18 | | on the item or package such that consumers are likely to | 19 | | see the statement when it is examined under retail | 20 | | conditions; | 21 | | (2) the statement shall be conspicuous and not obscured | 22 | | by other written matter; | 23 | | (3) the statement shall be legible; and | 24 | | (4) the statement shall contrast with the typography, | 25 | | layout and color of the other printed matter. | 26 | | Compliance with 16 C.F.R. 1500.121 adopted under the |
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| 1 | | Federal Hazardous Substances Act constitutes compliance with | 2 | | this subsection (d). | 3 | | (e) The manufacturer or importer of record shall be | 4 | | responsible for compliance with this Section. | 5 | | (f) Subsection (c) of this Section does not apply to any | 6 | | component part of a consumer electronic product, including, but | 7 | | not limited to, personal computers, audio and video equipment, | 8 | | calculators, wireless phones, game consoles, and handheld | 9 | | devices incorporating a video screen used to access interactive | 10 | | software and their associated peripherals, that is not | 11 | | accessible to a child through normal and reasonably foreseeable | 12 | | use of the product. A component part is not accessible under | 13 | | this subsection (f) if the component part is not physically | 14 | | exposed by reason of a sealed covering or casing and does not | 15 | | become physically exposed through reasonably foreseeable use | 16 | | and abuse of the product. Paint, coatings, and electroplating, | 17 | | singularly or in any combination, are not sufficient to | 18 | | constitute a sealed covering or casing for purposes of this | 19 | | Section. Coatings and electroplating are sufficient to | 20 | | constitute a sealed covering for connectors, power cords, USB | 21 | | cables, or other similar devices or components used in consumer | 22 | | electronics products.
| 23 | | (Source: P.A. 94-879, eff. 6-20-06; 95-1019, eff. 6-1-09 .)
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