94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2572


 
Introduced 02/18/05, by Rep. Elaine Nekritz - Paul D. Froehlich - Elizabeth Coulson - John A. Fritchey - Robin Kelly, et al.
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the Brominated Flame Retardant Prevention Act.  Provides that effective January 1, 2006 a person may not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product containing more than one-tenth of 1% of pentaBDE or octaBDE by mass.   Provides that effective January 1, 2008 a person may not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product containing more than one-tenth of 1% of decaBDE.  Provides penalties for a violation of the Act.    
















LRB094 11168 RXD 41821 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 









HB2572

LRB094 11168 RXD 41821 b






1
    AN ACT concerning safety.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 1. Short title. This Act may be cited as the 
5
Brominated Fire Retardant Prevention Act.
 
6
    Section 5. Legislative findings. 
7
    (a) Chemicals known as brominated flame retardants (BFR's) 
8
are widely used in the United States.  To meet stringent fire 
9
standards, manufacturers add BFR's to a multitude of products, 
10
including plastic housing of electronics and computers, 
11
circuit boards, and the foam and textiles used in furniture.  
12
    (b) Polybrominated diphenyl ether (PBDE), which is a 
13
subcategory of BFR's, has increased forty-fold in human breast 
14
milk since the 1970s.  
15
    (c) PBDE has the potential to disrupt thyroid hormone 
16
balance and contribute to a variety of developmental deficits, 
17
including low intelligence and learning disabilities.  PBDE may 
18
also have the potential to cause cancer.  
19
    (d) Substantial efforts to eliminate BFR's from products 
20
have been made throughout the world, including private and 
21
public sectors.  These efforts have made available numerous 
22
alternatives safe to human health while meeting stringent fire 
23
standards.  To meet market demand, it is in the interest of 
24
State manufacturers to eliminate the use of BFR's.  
25
    (e) In order to protect the public health and the 
26
environment, the General Assembly believes it is necessary  for 
27
the State to develop a precautionary approach regarding the 
28
production, use, storage, and disposal of products containing 
29
brominated fire retardants.  
 
30
    Section 10. Definitions. In this Act:
31
    "DecaBDE" means decabromodiphenyl ether. 
 


 






HB2572
- 2 -
LRB094 11168 RXD 41821 b




1
    "OctaBDE" means octabromodiphenyl ether.  
2
    "PBDE" means polybrominated diphenyl ether.
3
    "PentaBDE" means pentabromodiphenyl ether.  
4
    "Process" does not include the processing of metallic 
5
recyclables containing pentaBDE or octaBDE that is conducted in 
6
compliance with all applicable federal, State, and local laws.  
 
7
    Section 15. Regulation of brominated flame retardant.   
8
    (a) Effective January 1, 2006, a person may not 
9
manufacture, process, or distribute in commerce a product, or a 
10
flame-retarded part of a product containing more than one-tenth 
11
of 1% of pentaBDE or octaBDE by mass.
12
    (b)  Effective January 1, 2008, a person may not 
13
manufacture, process, or distribute in commerce a product, or a 
14
flame-retarded part of a product, containing more than 
15
one-tenth of 1% of decaBDE by mass.  

 
16
    Section 20. Penalty. A person who violates Section 15 of 
17
this Act is guilty of a business offense and upon conviction 
18
shall be subject to a fine of not less than $10,000 and not 
19
more than $25,000 for each violation.