Full Text of HB5338 096th General Assembly
HB5338 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5338
Introduced 2/5/2010, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
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Creates the Toxin-Free Kids Act. Provides that by July 1, 2010, the Department of Public Health shall, after consultation with the Environmental Protection Agency,
generate a list of chemicals of high concern. Sets forth the conditions under which the Department, after consultation with the Agency, may designate a chemical of
high concern as a priority chemical. Sets forth the applicability of the Act. Authorizes the Director of the Environmental Protection Agency to accept donations, grants, and other funds in order to carry out the
purposes of the Act. Provides that the State may cooperate with other states in an interstate chemicals clearinghouse
regarding chemicals in consumer products. Effective immediately.
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A BILL FOR
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HB5338 |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Toxin-Free Kids Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Agency" means the Environmental Protection Agency. | 8 |
| "Alternative" means a substitute process, product, | 9 |
| material, chemical, strategy,
or combination of these that is | 10 |
| technically feasible and serves a functionally equivalent
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| purpose to a chemical in a children's product.
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| "Chemical" means a substance with a distinct molecular | 13 |
| composition or a group
of structurally related substances and | 14 |
| includes the breakdown products of the substance or
substances | 15 |
| that form through decomposition, degradation, or metabolism.
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| "Chemical of high concern" means a chemical identified on | 17 |
| the basis of credible
scientific evidence by a state, federal, | 18 |
| or international agency as being known or suspected
with a high | 19 |
| degree of probability to:
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| (1) harm the normal development of a fetus or child or | 21 |
| cause other developmental
toxicity;
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| (2) cause cancer, genetic damage, or reproductive | 23 |
| harm; |
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| (3) disrupt the endocrine or hormone system; | 2 |
| (4) damage the nervous system, immune system, or organs | 3 |
| or cause other systemic
toxicity; or
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| (5) be toxic or have the likelihood of accumulating | 5 |
| toxic substances. | 6 |
| "Child" means a person under 12 years of age. | 7 |
| "Children's product" means a consumer product intended for | 8 |
| use by children, including, but not limited to, baby products, | 9 |
| toys, car seats, personal care products, and clothing. | 10 |
| "Director" means the Director of the Environmental | 11 |
| Protection Agency. | 12 |
| "Department" means the Department of Public Health. | 13 |
| "Distributor" means a person who sells consumer products to | 14 |
| retail establishments
on a wholesale basis.
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| "Green chemistry" means an approach to designing and | 16 |
| manufacturing products
that minimizes the use and generation of | 17 |
| toxic substances.
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| "Manufacturer" means any person who manufactures a final | 19 |
| consumer product
sold at retail or whose brand name is affixed | 20 |
| to the consumer product. In the case of a
consumer product | 21 |
| imported into the United States, "manufacturer" includes the | 22 |
| importer
or domestic distributor of the consumer product if the | 23 |
| person who manufactured or
assembled the consumer product or | 24 |
| whose brand name is affixed to the consumer product
does not | 25 |
| have a presence in the United States.
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| "Priority chemical" means a chemical identified by the |
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| Department of Public Health as a chemical of high concern that | 2 |
| meets the criteria set forth in Section 10 of this Act. | 3 |
| "Safer alternative" means an alternative whose potential | 4 |
| to harm human health is
less than that of the use of a priority | 5 |
| chemical that it could replace.
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| Section 10. Identification of chemicals of high concern. | 7 |
| (a) By July 1, 2010, the Department shall, after | 8 |
| consultation with the Agency,
generate a list of chemicals of | 9 |
| high concern.
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| (b) The Department must periodically review and revise the | 11 |
| list of chemicals of high
concern at least once every 3 years. | 12 |
| The Department may add chemicals to the list if the
chemicals | 13 |
| meet one or more of the criteria listed under the definition of | 14 |
| "chemical of high concern" as set forth in Section 5 of this | 15 |
| Act.
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| (c) The Department shall consider chemicals listed as a | 17 |
| suspected carcinogen,
reproductive or developmental toxicant, | 18 |
| or as being persistent and
toxic or very persistent by a state, | 19 |
| federal, or international
agency. These agencies may include, | 20 |
| but are not limited to, the California Environmental
Protection | 21 |
| Agency, the Washington Department of Ecology, the United States | 22 |
| Department
of Health, the United States Environmental | 23 |
| Protection Agency, the United Nation's World
Health | 24 |
| Organization, and European Parliament Annex XIV concerning the | 25 |
| registration,
evaluation, authorization, and restriction of |
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| chemicals.
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| (d) The Department may consider chemicals listed by another | 3 |
| state as harmful to
human health or the environment for | 4 |
| possible inclusion in the list of chemicals of high
concern.
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| Section 15. Identification of priority chemicals. | 6 |
| (a) The Department, after consultation with the Agency, may | 7 |
| designate a chemical of
high concern as a priority chemical if | 8 |
| the Department finds that the chemical:
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| (1) has been identified as a high-production volume | 10 |
| chemical by the United States
Environmental Protection | 11 |
| Agency; and
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| (2) meets any of the following criteria: | 13 |
| (A) the chemical has been found through | 14 |
| biomonitoring to be present in human blood,
including | 15 |
| umbilical cord blood, breast milk, urine, or other | 16 |
| bodily tissues or fluids;
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| (B) the chemical has been found through sampling | 18 |
| and analysis to be present in
household dust, indoor | 19 |
| air, drinking water, or elsewhere in the home | 20 |
| environment; or
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| (C) the chemical has been found through monitoring | 22 |
| to be present in fish, wildlife,
or the natural | 23 |
| environment.
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| (b) By February 1, 2011, the Department shall publish a | 25 |
| list of priority chemicals in
the Illinois Register and on the |
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| Department's Internet Web site and shall update the published
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| list whenever a new priority chemical is designated.
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| Section 20. Applicability. The requirements of this Act do | 4 |
| not apply to: | 5 |
| (1) chemicals not used in children's products; | 6 |
| (2) priority chemicals used in the manufacturing | 7 |
| process but that are not present
in the final product;
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| (3) priority chemicals used in agricultural | 9 |
| production; | 10 |
| (4) motor vehicles or watercraft or their component | 11 |
| parts, except that the use of priority chemicals in | 12 |
| detachable
car seats is not exempt;
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| (5) priority chemicals generated solely as combustion | 14 |
| by-products or that are present
in combustible fuels;
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| (6) retailers; | 16 |
| (7) pharmaceutical products or biologics; | 17 |
| (8) a medical device as defined in the federal Food, | 18 |
| Drug, and Cosmetic Act, United
States Code, title 21, | 19 |
| section 321(h);
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| (9) food and food or beverage packaging, except a | 21 |
| container containing baby food
or infant formula;
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| (10) consumer electronics products and electronic | 23 |
| components, including, but not
limited to, personal | 24 |
| computers; audio and video equipment; calculators; digital | 25 |
| displays;
wireless phones; cameras; game consoles; |
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| printers; and handheld electronic and electrical
devices | 2 |
| used to access interactive software or their associated | 3 |
| peripherals or products that
comply with the provisions of | 4 |
| directive 2002/95/EC of the European Union, adopted by
the | 5 |
| European Parliament and Council of the European Union as | 6 |
| now or hereafter in effect; or
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| (11) outdoor sport equipment, including snowmobiles, | 8 |
| all-terrain vehicles, personal
watercraft, watercraft and | 9 |
| off-highway motorcycles, and all attachments and repair | 10 |
| parts for such equipment.
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| Section 25. Donations to the State. The Director may accept | 12 |
| donations, grants, and other funds to carry out the
purposes of | 13 |
| this Act. All donations, grants, and other funds must
be | 14 |
| accepted without preconditions regarding the outcomes of the | 15 |
| regulatory oversight
processes set forth in this Act.
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| Section 30. Participation in interstate chemicals | 17 |
| clearinghouse. The State may cooperate with other states in an | 18 |
| interstate chemicals clearinghouse
regarding chemicals in | 19 |
| consumer products, including the classification of priority
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| chemicals in commerce; organizing and managing available data | 21 |
| on chemicals, including
information on uses, hazards, risks, | 22 |
| and environmental and health concerns; and producing
and | 23 |
| evaluating information on safer alternatives to specific uses | 24 |
| of priority chemicals.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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