Full Text of HB5789 95th General Assembly
HB5789 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5789
Introduced , by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
|
410 ILCS 45/6 |
from Ch. 111 1/2, par. 1306 |
410 ILCS 45/12 |
from Ch. 111 1/2, par. 1312 |
|
Amends the Lead Poisoning Prevention Act. Provides that no person, firm, or corporation shall sell, have, offer for sale, or transfer toys, furniture, clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, or other articles used by or intended to be chewable by children that contain a total lead content in any component part of the item that is more than 0.004% (40 parts per million) by total weight unless that item bears a warning statement that indicates that at least one component part of the item contains lead. Provides that an entity is not required to separately warn each exposed individual. Provides that an entity is in compliance with the provision if the warning statement is provided by general methods such as on a label on the immediate container of any consumer product, posting of notices in public places in prominent locations, placing notices in public news media, and the like, provided that the warning accomplished is clear and reasonable. Makes other changes. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB5789 |
|
LRB095 19904 KBJ 46320 b |
|
| 1 |
| AN ACT concerning 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 Sections 6 and 12 as follows:
| 6 |
| (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
| 7 |
| Sec. 6. Warning statement. | 8 |
| (a) Children's products. No person, firm, or corporation | 9 |
| shall sell, have, offer for sale, or transfer toys, furniture, | 10 |
| clothing, accessories, jewelry, decorative objects, edible | 11 |
| items, candy, food, dietary supplements, or other articles used | 12 |
| by or intended to be chewable by children that contain a total | 13 |
| lead content in any component part of the item that is more | 14 |
| than 0.004% (40 parts per million) by total weight unless that | 15 |
| item bears a warning statement that indicates that at least one | 16 |
| component part of the item contains lead. | 17 |
| The warning statement shall be as follows: "WARNING: | 18 |
| CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE | 19 |
| DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
| 20 |
| This subsection does not require an entity to separately | 21 |
| warn each exposed individual. An entity is in compliance with | 22 |
| this subsection if the warning statement is provided by general | 23 |
| methods such as on a label on the immediate container of any |
|
|
|
HB5789 |
- 2 - |
LRB095 19904 KBJ 46320 b |
|
| 1 |
| consumer product, posting of notices in public places in | 2 |
| prominent locations, placing notices in public news media, and | 3 |
| the like, provided that the warning accomplished is clear and | 4 |
| reasonable. In order to minimize the burden on retailer sellers | 5 |
| of consumer products, to the extent practical, the entity | 6 |
| responsible for the warning statement shall provide such | 7 |
| warning statement on the product itself.
This subsection does | 8 |
| not apply to any product for which federal law governs warning | 9 |
| in a manner that preempts State authority. | 10 |
| (b) Other leadbearing substances. No person, firm, or | 11 |
| corporation shall have,
offer for sale, sell, or give away any | 12 |
| lead bearing substance that may be
used by the general public , | 13 |
| except as otherwise required in subsection (a), unless it bears | 14 |
| the warning statement as
prescribed by federal regulation. If | 15 |
| no regulation is prescribed the
warning statement shall be as | 16 |
| follows when the lead bearing substance is a lead-based paint | 17 |
| or surface coating: "WARNING--CONTAINS LEAD. DRIED FILM
OF THIS | 18 |
| SUBSTANCE MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions | 19 |
| on
(Side or Back) Panel. Do not apply on toys, or other | 20 |
| children's articles,
furniture, or interior, or exterior | 21 |
| exposed surfaces of any residential
building or facility that | 22 |
| may be occupied or used by children. KEEP OUT OF
THE REACH OF | 23 |
| CHILDREN.". If no regulation is prescribed the warning | 24 |
| statement shall be as follows when the lead bearing substance | 25 |
| contains lead-based paint or a form of lead other than | 26 |
| lead-based paint: "WARNING CONTAINS LEAD. MAY BE HARMFUL IF |
|
|
|
HB5789 |
- 3 - |
LRB095 19904 KBJ 46320 b |
|
| 1 |
| EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF | 2 |
| THE REACH OF CHILDREN.".
| 3 |
| (c) (a) The generic term of a product, such as "paint" may | 4 |
| be substituted
for the word "substance" in the above labeling.
| 5 |
| (d) (b) The placement, conspicuousness, and contrast of the | 6 |
| above labeling
shall be in accordance with 16 C.F.R. 1500.121.
| 7 |
| (Source: P.A. 94-879, eff. 6-20-06.)
| 8 |
| (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
| 9 |
| Sec. 12. Violations of Act.
| 10 |
| (a) Violation of any Section of this Act other than Section | 11 |
| 6.01 or Section 7 shall be
punishable as a Class A misdemeanor. | 12 |
| A violation of Section 6.01 shall cause the Department to issue | 13 |
| a written warning for a first offense and shall be a petty | 14 |
| offense for a second or subsequent offense if the violation | 15 |
| occurs at the same location within 12 months after the first | 16 |
| offense.
| 17 |
| (b) In cases where a person is found to have mislabeled,
| 18 |
| possessed, offered for sale or transfer, sold or transferred,
| 19 |
| or given away lead-bearing substances, a representative of the
| 20 |
| Department shall confiscate the lead-bearing substances and
| 21 |
| retain the substances until they are shown to be in compliance
| 22 |
| with this Act.
| 23 |
| (c) In addition to any other penalty provided under this | 24 |
| Act, the court in
an action brought under subsection (f) (e) | 25 |
| may impose upon any person who violates
or does not comply with |
|
|
|
HB5789 |
- 4 - |
LRB095 19904 KBJ 46320 b |
|
| 1 |
| a notice of deficiency and a mitigation order issued
under | 2 |
| subsection (7) of Section 9 of this Act or who fails to comply | 3 |
| with subsection (3) or subsection (5) of Section 9 of this Act | 4 |
| a civil penalty not exceeding
$2,500 for each violation, plus | 5 |
| $250 for each day that the violation continues.
| 6 |
| Any civil penalties collected in a court proceeding shall | 7 |
| be deposited into a
delegated county lead poisoning screening, | 8 |
| prevention, and abatement fund or,
if no delegated county or | 9 |
| lead poisoning screening, prevention, and abatement
fund | 10 |
| exists, into the Lead Poisoning Screening, Prevention, and | 11 |
| Abatement Fund
established under Section 7.2.
| 12 |
| (d) In addition to any other penalty provided under this | 13 |
| Act, the court in an action brought under subsection (f) may | 14 |
| impose a civil penalty not exceeding $2,500 for each violation, | 15 |
| plus $250 for each day the violation continues for any | 16 |
| violation of Section 4, Section 5, or Section 6 of this Act.
| 17 |
| Any penalties collected in a court proceeding shall be | 18 |
| deposited into the Lead Poisoning Screening, Prevention, and | 19 |
| Abatement Fund established under Section 7.2. | 20 |
| (e) (d) Whenever the Department finds that an emergency | 21 |
| exists that requires
immediate action to protect the health of | 22 |
| children under this Act, it may,
without administrative | 23 |
| procedure or notice, cause an action to be brought by
the | 24 |
| Attorney General or the State's Attorney of the county in which | 25 |
| a violation
has occurred for a temporary restraining order or a | 26 |
| preliminary injunction to
require such action as is required to |
|
|
|
HB5789 |
- 5 - |
LRB095 19904 KBJ 46320 b |
|
| 1 |
| meet the emergency and protect the health
of children.
| 2 |
| (f) (e) The State's Attorney of the county in which a | 3 |
| violation occurs or the
Attorney General may bring an action | 4 |
| for the enforcement of this Act and the
rules adopted and | 5 |
| orders issued under this Act, in the name of the People of
the | 6 |
| State of Illinois, and may, in addition to other remedies | 7 |
| provided in
this Act, bring an action for a temporary | 8 |
| restraining order or preliminary
injunction as described in | 9 |
| subsection (e) (d) or an injunction to restrain any
actual or | 10 |
| threatened violation or to impose or collect a civil penalty | 11 |
| for any
violation.
| 12 |
| (Source: P.A. 94-879, eff. 6-20-06.)
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|