PA 08-122—HB 5025

Select Committee on Children

General Law Committee

AN ACT AMENDING AN ACT CONCERNING CHILD PRODUCT SAFETY

SUMMARY: This act amends PA 08-106 to (1) require the Department of Consumer Protection (DCP) to implement that act's requirements within available appropriations; (2) require DCP to fulfill an existing statutory duty to tag misbranded hazardous substances only within available appropriations; (3) exempt certain drugs from the recall provision; and (4) revise a list of toxic substances that must be compiled by the commissioners of consumer protection, environmental protection, and public health.

EFFECTIVE DATE: October 1, 2008

IMPLEMENTING WITHIN AVAILABLE APPROPRIATIONS

The act requires DCP to implement the following provisions of PA 08-106 within available appropriations:

1. adopt regulations phasing in limits for lead in children's products that are electronic products and requiring warning labels on certain consumer products;

2. compile a list of toys and other articles that are intended for use by children and that are banned hazardous substances and post it on the agency's website;

3. compile a list of other toxic substances in consultation with the commissioners of the departments of Public Health (DPH) and Environmental Protection (DEP);

4. compile, and from time to time amend, a list of safer alternatives to the above substances; and

5. develop a certificate of disposition for retailers and wholesalers to account for any children's product that is subject to a recall or voluntary corrective action.

TAGGING MISBRANDED HAZARDOUS SUBSTANCES

Under prior law, whenever a DCP inspector found, or had probable cause to believe, that a hazardous substance was misbranded or banned, he or she was required to put an embargo tag on it. The tag gives notice that the substance is detained or embargoed. The act instead requires inspectors to tag items only within available appropriations.

RECALL

PA 08-106 prohibits placing in the stream of commerce a children's product that is subject to voluntary or mandatory corrective action taken under the direction of or in cooperation with the federal government and the defect in the product has not been corrected. This act exempts articles described in the federal Food, Drug and Cosmetic Act (21 USC 321(g)).

LIST OF TOXIC SUBSTANCES IN CHILDREN'S PRODUCTS

PA 08-106 requires the DCP commissioner, in consultation with the commissioners of DPH and DEP, to compile a list of toxic substances and the recommended maximum amount that may be present in children's products. This act, in addition to requiring that the list be compiled within available appropriations, instead requires the list to be of toxic substances that potentially should not exist in children's products.

BACKGROUND

Food, Drug and Cosmetic Act

The federal act defines “drug” to mean the following articles, with certain exceptions:

1. articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or their supplements;

2. articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

3. articles (other than food) intended to affect the structure or any function of the body of man or other animals; and

4. articles intended for use as a component of any of the above.

OLR Tracking: KS: JK: JL: ts