Connecticut Seal

General Assembly

 

Raised Bill No. 5650

February Session, 2008

 

LCO No. 2159

 

*02159_______KID*

Referred to Committee on Select Committee on Children

 

Introduced by:

 

(KID)

 

AN ACT CONCERNING CHILD PRODUCT SAFETY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (p) of section 21a-335 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(p) "Banned hazardous substance" means (A) any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted; (B) any children's product with greater than forty parts per million total lead content by weight for any part of the product; (C) any children's product with lead-containing paint greater than forty parts per million total lead content or .004 milligrams per centimeter squared; (D) any hazardous substance intended, or packaged in a form suitable, for use in a household, classified, pursuant to section 21a-336 or pursuant to federal regulations adopted under authority of the federal Hazardous Substances Act (15 USC 1261 et seq.), as a "banned hazardous substance" that, notwithstanding such cautionary labeling as is or may be required under this section and sections 21a-336 to 21a-346, inclusive, for that substance, the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping such substance, when so intended or packaged, out of the channels of commerce; provided the administrator, by regulations adopted in accordance with chapter 54, shall exempt from subparagraph (A) of this subdivision articles, such as chemical sets, which by reason of their functional purpose require the inclusion of the hazardous substance involved or necessarily present in electrical, mechanical or thermal hazard and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings; [(C)] (E) any new wood-burning stove, coal-burning stove, solid fuel add-on units or combination of such stoves and units, which is offered for sale or installed in any building, dwelling or structure in this state on or after July 1, 1985, and which has not been tested in accordance with Underwriter's Laboratory Standard Number 1482; [(D)] (F) any new unvented fuel-burning room heater offered for sale or use in any building, dwelling or structure in this state on or after July 1, 1985, which has not been tested in accordance with Underwriter's Laboratory Standard Number 647 for unvented kerosene heaters and American National Standards Institute Standard Number Z21.11.2 for unvented gas heaters.

Sec. 2. Section 21a-335 of the general statutes is amended by adding subsections (v), (w), (x) and (y) as follows (Effective October 1, 2008):

(NEW) (v) "Children's product" means a consumer product designed or intended primarily for children under age twelve, including, but not limited to, clothing, accessories, jewelry, decorative object, candy, food, dietary supplements or other edible or chewable items, toys, furniture or other articles used by or intended to be used by children.

(NEW) (w) "Consumer product" means any article used primarily for personal, family or household purposes.

(NEW) (x) "Paint and other similar surface-coating materials" means a fluid, semi-fluid or other material, with or without a suspension of finely divided coloring matter, which changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic or other surface. The term does not include printing inks or those materials that actually become a part of the substrate, such as the pigment in a plastic article, or those materials that are actually bonded to the substrate, such as by electroplating or ceramic glazing.

(NEW) (y) "Lead-containing paint" means paint or other similar surface coating materials containing any detectable amount of lead or lead compounds.

Sec. 3. Section 21a-337 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

The following acts and the causing thereof are prohibited: (1) The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance; (2) the manufacturing, remanufacturing, retrofitting, distributing, selling at wholesale or retail, contracting to sell or resell, lease, sublet or otherwise place in the stream of commerce: (A) Any children's product that has been designated a banned hazardous substance under this chapter or the Federal Hazardous Substances Act; (B) any children's product that has been subject to voluntary corrective action taken by the manufacturer, wholesaler, distributor or importer, or has been recalled by the manufacturer, wholesaler, distributor or importer in cooperation with an agency of the federal government and the recall has not been rescinded; or (C) any children's product that is not otherwise in conformity with applicable consumer safety product standards under this chapter, or any similar rule under another chapter of the general statutes or any federal laws or regulations; (3) the alteration, mutilation, destruction, obliteration or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance if such act is done while the substance is in commerce, or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance; [(3)] (4) the receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise; [(4)] (5) the giving of a guarantee or undertaking referred to in subdivision (2) of subsection (b) of section 21a-338 which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance; [(5)] (6) the failure to permit entry or inspection as authorized by subsection (a) of section 21a-343 or to permit access to and copying of any record as authorized by section 21a-344; [(6)] (7) the introduction or delivery for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug or cosmetic container by its labeling or by other identification. The reuse of a food, drug or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this subdivision, the terms "food", "drug" and "cosmetic" shall have the same meanings as in the Connecticut Food, Drug and Cosmetic Act; [(7)] (8) the use by any person to his own advantage, or revealing other than to the administrator or officers or employees of the agency, or to the courts when relevant in any judicial proceeding under sections 21a-335 to 21a-346, inclusive, of any information acquired under authority of section 21a-343 concerning any method of process which as a trade secret is entitled to protection; [(8)] (9) the introduction or delivery for introduction into commerce of any item containing asbestos which reasonably may be expected to be used in the construction or repair of structures, without clearly indicating by labeling thereon that the item contains asbestos and that asbestos may cause cancer when inhaled; [(9)] (10) the alteration or removal of any item upon which the commissioner or his authorized agent has placed an embargo prior to the time the commissioner, such agent or a court permits the alteration or removal of such item; [(10)] (11) the introduction or delivery for introduction into commerce, after December 31, 1992, of any toy or other article for sale in this state and marketed for the use of children between the ages of three and seven, or determined to be for the use of children between the ages of three and seven by the federal Consumer Product Safety Commission pursuant to 16 CFR Part 1500 et seq., as published in the Code of Federal Regulations Revised to January 1, 1991, and as from time to time amended, or the Commissioner of Consumer Protection pursuant to sections 21a-335 to 21a-346, inclusive, which would be classified as a banned hazardous substance under 16 CFR Part 1501.4(b)(1) of said code and does not bear a conspicuous warning label that clearly and specifically communicates that the contents include small parts which pose a hazard for children under the age of three, except that any toy or other article that contains, as of December 31, 1992, a safety warning label in substantial compliance with the requirements of this subdivision shall be determined by the commissioner to be in compliance with this subdivision until October 1, 1993. As used in this subdivision, "conspicuous" has the same meaning and characteristics regarding type size as in 16 CFR Part 1500.121(c)(2) of said code; and [(11)] (12) the introduction or delivery for introduction into commerce, or the distribution or sale, of a drying oil or drying oil product, manufactured after December 31, 1994, which does not bear a conspicuous warning label on a side or back panel of such product stating: "DANGER - RAGS, STEEL WOOL OR WASTE SOAKED WITH .... (INSERT PRODUCT NAME) MAY SPONTANEOUSLY CATCH FIRE IF IMPROPERLY DISCARDED. IMMEDIATELY AFTER USE, PLACE RAGS, STEEL WOOL OR WASTE IN A SEALED WATER-FILLED METAL CONTAINER." As used in this subdivision, "conspicuous" has the same meaning and characteristics regarding type size as in 16 CFR Part 1500.121 (c)(2) of said code.

Sec. 4. Section 21a-336 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Whenever in the judgment of the administrator such action will promote the objectives of sections 21a-335 to 21a-346, inclusive, by avoiding or resolving uncertainty as to application, the administrator may, by regulation, declare to be a hazardous substance, for the purposes of said sections, any substance or mixture of substances which he finds meets the requirements of subdivision (1) of subsection (e) of section 21a-335.

(b) The administrator may, in addition to regulations adopted under subsection (a) of this section, [promulgate] adopt regulations establishing safety requirements, safety standards, banned hazardous substances, labeling requirements and testing procedures for articles subject to sections 21a-335 to 21a-346, inclusive.

(c) If the administrator finds that the hazard of an article subject to sections 21a-335 to 21a-346, inclusive, is such that labeling adequate to protect the public health and safety cannot be devised, or the article presents an imminent danger to the public health and safety, the administrator may by regulation declare such article to be a banned hazardous substance and require its removal from commerce. The administrator [may] shall compile, and from time to time amend, a list of toys and other articles which are intended for use by children and which are classified as banned hazardous substances, and shall post such list in a conspicuous place on the department's web site.

Sec. 5. (NEW) (Effective October 1, 2008) In addition to the list compiled pursuant to section 21a-336 of the general statutes, as amended by this act, the administrator, as defined in section 21a-335 of the general statutes, as amended by this act, shall compile, and from time to time amend, a list of other toxic substances and the recommended maximum amount in parts per million total content of such toxic substances that should not be used in children's products. In addition, the administrator shall compile, and from time to time amend, a list of safer alternatives to using said toxic substances.

Sec. 6. (NEW) (Effective October 1, 2008) All retailers or other businesses in this state shall submit a banned hazardous substance final disposition report to the Department of Consumer Protection indicating the type, make and model, quantity and disposition of any article declared a banned hazardous substance by the administrator. The report shall include, but not be limited to: (1) Information related to how such items have been disposed, including where the products were sent or returned to be destroyed; and (2) a sworn statement indicating that the banned hazardous substances have not been sold or distributed to any other business entity for resale or distribution to the consumer market.

Sec. 7. (NEW) (Effective October 1, 2008) No person, firm or corporation engaged in commerce shall have, offer for sale, sell or give away any consumer product bearing lead-containing paint that may be used by the general public unless it bears the warning statement prescribed by federal regulation. (1) If no such regulation is prescribed, the warning statement shall be as follows when the consumer product bears lead-containing paint: "WARNING--CONTAINS LEAD. DRIED FILM OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on (Side or Back) Panel. Do not apply on toys, or other children's articles, furniture, or interior or exterior exposed surfaces of any residential building or facility that may be occupied or used by children. KEEP OUT OF THE REACH OF CHILDREN.". (2) If no regulation is prescribed, the warning statement shall be as follows when the consumer product bears a form of lead other than lead-containing paint: "WARNING CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.". The placement, conspicuousness and contrast of such labeling shall be in accordance with 16 CFR 1500.121.

Sec. 8. Subsection (b) of section 21a-338 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(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 refuses to furnish, on request of an officer or employee duly designated by the administrator, the name and address of the person from whom he 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; or (2) for having violated subdivision (1) of said section 21a-337, as amended by this act, if he establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he 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.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2008

21a-335(p)

Sec. 2

October 1, 2008

21a-335

Sec. 3

October 1, 2008

21a-337

Sec. 4

October 1, 2008

21a-336

Sec. 5

October 1, 2008

New section

Sec. 6

October 1, 2008

New section

Sec. 7

October 1, 2008

New section

Sec. 8

July 1, 2008

21a-338(b)

Statement of Purpose:

To establish standards governing the maximum allowable amount of lead in children's products.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]