Connecticut Seal

General Assembly

Amendment

 

February Session, 2008

LCO No. 5203

   
 

*HB0565005203HDO*

Offered by:

 

REP. MCMAHON, 15th Dist.

 

To: Subst. House Bill No. 5650

File No. 238

Cal. No. 142

Strike lines 158 to 162, inclusive, in their entirety and insert the following in lieu thereof: "entrusted; (B) (i) for the period commencing July 1, 2009, and ending June 30, 2011, any children's product with greater than three hundred parts per million total lead content by weight for any part of the product; and (ii) on and after July 1, 2011, any children's product with greater than one hundred parts per million total lead content by weight for any part of the product, or such stricter standard established in regulation adopted pursuant to section 21a-342; (C) on and after July 1, 2009, any children's product with lead-containing paint greater than ninety parts per million total lead content; (D) on and after July 1, 2009, any children's product with lead-containing paint greater than .009 milligrams of lead per centimeter squared; (E) any"

In line 242, strike "remanufacturing, retrofitting,"

Strike lines 247 to 251, inclusive, in their entirety and insert the following in lieu thereof: "product that is the subject of voluntary or mandatory corrective action taken under the direction of or in cooperation with an agency of the federal government but the defect in such children's product has not been so"

In line 293, after "inhaled" insert ", or the introduction or delivery for introduction into commerce of any toy or other article for sale in this state marketed for the use of children under the age of sixteen containing asbestos"

In line 333, strike "sealed"

In line 343, strike "October 1, 2008" and insert the following in lieu thereof "July 1, 2009"

In line 379, strike "Commissioner of Public Health" and insert in lieu thereof "Commissioners of Public Health and Environmental Protection"

In line 381, strike "in parts per million total content"

In line 382, strike "should not be used" and insert in lieu thereof "may exist"

Strike lines 385 to 398, inclusive, in their entirety and insert the following in lieu thereof:

"Sec. 5. (NEW) (Effective from passage) (a) Not later than October 1, 2008, the administrator, as defined in section 21a-335 of the general statutes, as amended by this act, shall develop a certificate of disposition for retailers and wholesalers prohibited from selling or otherwise placing any children's product subject to a recall or voluntary corrective action into the stream of commerce pursuant to section 21a-337 of the general statutes, as amended by this act. Such certificate of disposition shall (1) require such retailers and wholesalers to specify the make, model, type, quantity and final disposition of such children's products, (2) contain any other information required by the administrator, and (3) require such retailers and wholesalers to sign an affidavit verifying the authenticity of the information provided in the certificate.

(b) Upon notification or receipt of information that a children's product has been recalled, a retailer or wholesaler shall inspect its premises and immediately dispose of all such products in possession of such retailer or wholesaler. Upon notification or receipt of information that a children's product has been subject to voluntary corrective action, a retailer or wholesaler shall inspect its premises and immediately return to the manufacturer or distributor all such products in possession of such retailer or wholesaler. Retailers and wholesalers shall complete the certificate of disposition form developed pursuant to subsection (a) of this section no later than seven calendar days after the date of notification or receipt of information of a recall or voluntary corrective action. Signed and dated certificate of disposition forms shall be maintained by the retailer or wholesaler and shall be subject to inspection by the administrator or the administrator's designated agent for a period of not less than three years.

(c) A retailer or wholesaler who violates subsection (b) of this section shall be subject to the penalties of section 21a-338 of the general statutes, as amended by this act. "

Strike lines 399 to 407, inclusive, in their entirety and insert the following in lieu thereof:

"Sec. 6. (NEW) (Effective October 1, 2008) (a) Subject to the provisions of subsection (b) of this section, the administrator, as defined in section 21a-335 of the general statutes, as amended by this act, may adopt regulations, in accordance with chapter 54 of the general statutes, to require certain consumer products determined by the administrator that bear lead-containing paint or that have lead in any part of the product and that a child may reasonably or foreseeably come into contact with, to carry a warning label described in this section. If the administrator adopts such regulations, no person, firm or corporation engaged in commerce shall have, offer for sale, sell or give away any consumer product, identified in such regulations, that may be used by the general public unless it bears a warning statement prescribed by federal regulations or, if no warning statement is prescribed by federal regulations, bears a warning statement that meets the requirements of subdivision (1) or (2) of this section, as appropriate. (1) The warning statement shall be as"

Strike lines 414 and 415 in their entirety and insert the following in lieu thereof: "OUT OF THE REACH OF CHILDREN. ". (2) The warning statement shall be as follows"

After line 421, insert the following:

"(b) The provisions of this section shall not apply to children's products, and those consumer products with lead-containing components, but whose lead-containing components are not accessible to a child because they are not physically exposed by reason of a covering or casing and they will not become physically exposed through normal and reasonably foreseeable use and abuse of the product. "

Strike lines 422 to 440, inclusive, in their entirety and insert the following in lieu thereof:

"Sec. 7. Section 21a-338 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Any person who violates any of the provisions of section 21a-337, as amended by this act, shall be guilty of a class [C] B misdemeanor but an offense committed with intent to defraud or mislead, or a second or subsequent offense, shall be an unclassified misdemeanor for which the penalty shall be imprisonment for not more than one year, or a fine of not more than [three] five thousand dollars or both such imprisonment and fine.

(b) No person shall be subject to the penalties of subsection (a) of this section, (1) for having violated subdivision [(3)] (4) of section 21a-337, as amended by this act, if the receipt, delivery or proffered delivery of the hazardous substance was made in good faith, unless [he] such person refuses to furnish, on request of an officer or employee duly designated by the administrator, the name and address of the [person] individual or entity from whom [he] such person purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to [him] such person; or (2) for having violated subdivision (1) of said section 21a-337, if [he] such person establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom [he] such person received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in sections 21a-335 to 21a-346, inclusive, as amended by this act.

Sec. 8. Section 21a-336 of the general statutes is amended by adding subsection (d) as follows (Effective October 1, 2008):

(NEW) (d) On and after July 1, 2011, if the administrator determines that a standard stricter than one hundred parts per million total lead content by weight for any part of a children's product is feasible, the administrator may adopt regulations, in accordance with chapter 54 to establish such stricter standard pursuant to subparagraph (B) of subsection (p) of section 21a-335, as amended by this act, that is as low as forty parts per million total lead content by weight for any part of such product.

Sec. 9. Section 21a-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Whenever a duly authorized agent of the administrator finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, within the meaning of sections 21a-335 to 21a-346, inclusive, [he] as amended by this act, such agent shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, misbranded or is a banned hazardous substance and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. No person shall remove or dispose of such detained or embargoed article by sale or otherwise without such permission. The administrator may, after notice and hearing, impose a civil penalty of not more than five hundred dollars for each separate offense on any person who removes, without such permission, any tag or other appropriate marking affixed to any article which has been detained or embargoed in accordance with the provisions of this subsection. Such penalty shall be deposited into the consumer protection enforcement account established pursuant to section 21a-8a.

(b) When an article detained or embargoed under subsection (a) has been found by such agent to be misbranded or a banned hazardous substance, [he] such agent shall petition the superior court in whose jurisdiction the article is detained or embargoed or any judge thereof for a libel of condemnation of such article. When such agent has found that an article so detained or embargoed is not misbranded or a banned hazardous substance, [he] such agent shall remove the tag or other marking.

(c) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under supervision of such agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of such article or his agent; except that, if the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling under the supervision of an agent of the administrator. The expense of such supervision shall be paid by the claimant. The article shall be returned to the claimant on the representation to the court by the administrator that the article is no longer in violation of sections 21a-335 to 21a-346, inclusive, as amended by this act, and that the expenses of such supervision have been paid.

Sec. 10. (NEW) (Effective October 1, 2008) In addition to the criminal penalties and remedies set forth in chapter 420d of the general statutes, the administrator may, after notice and hearing pursuant to chapter 54 of the general statutes, levy a civil penalty of not more than one hundred dollars for a violation of any of the provisions of chapter 420d of the general statutes, except for section 21a-340 of the general statutes, as amended by this act. Each such violation of said chapter shall be a separate and distinct offense and each day's continuance thereof shall be deemed to be a separate and distinct offense. Such penalty shall be deposited into the consumer protection enforcement account established pursuant to section 21a-8a of the general statutes.

Sec. 11. Section 21a-343 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) For the purposes of enforcement of sections 21a-335 to 21a-346, inclusive, as amended by this act officers or employees duly designated by the administrator, upon presenting appropriate credentials to the owner, operator or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse or establishment in which hazardous substances are manufactured, processed, packed or held for introduction into commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such hazardous substances in commerce; (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling therein; and (3) to obtain samples of such materials or packages thereof, or of such labeling.

(b) If the officer or employee obtains any sample, prior to leaving the premises, [he] such officer or employee shall pay or offer to pay the owner, operator or agent in charge for such sample and give a receipt describing the samples obtained.

(c) Failure to permit entry or inspection as authorized by subsection (a) of this section shall be deemed an unfair or deceptive trade practice pursuant to section 42-110b.

Sec. 12. Section 21a-345 of the general statutes is amended by adding subsection (c) as follows (Effective October 1, 2008):

(NEW) (c) The administrator may require that retail stores post a notice making the general public aware of the administrator's decision that an article has been designated a banned hazardous substance, pursuant to regulations adopted under section 21a-336, as amended by this act. Such notices shall be posted in a location visible to the general public and shall be posted for a duration of a time specified by the administrator. Violations of this subsection shall be deemed an unfair or deceptive trade practice pursuant to section 42-110b.

Sec. 13. (NEW) (Effective from passage) The Commissioner of Environmental Protection may, within available appropriations, participate in an interstate clearinghouse to (1) classify chemicals existing in commercial goods into one of the following four categories: (A) High concern, (B) moderate concern, (C) low concern, or (D) unknown concern; (2) organize and manage available data on chemicals, including, but not limited to, information on uses, hazards and environmental concerns associated with chemicals; (3) produce and inventory information on safer alternatives for specific uses of chemicals and model policies and programs related to such alternatives; (4) provide technical assistance to businesses and consumers relating to safer chemicals; and (5) other activities related to this section. "