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Public Act 095-1019
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| SB2860 Enrolled |
LRB095 19197 KBJ 45443 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Lead Poisoning Prevention Act is amended by |
changing Section 6 as follows:
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(410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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Sec. 6. Warning statement. |
(a) Definitions. As used in this Section: |
"Children's jewelry" means jewelry that is made for, |
marketed for use by, or marketed to children under the age of |
12 and includes jewelry that meets any of the following |
conditions: |
(1) represented in its packaging, display, or |
advertising as appropriate for use by children under the |
age of 12; |
(2) sold in conjunction with, attached to, or packaged |
together with other products that are packaged, displayed, |
or advertised as appropriate for use by children under 12; |
(3) sized for children and not intended for use by |
adults; or |
(4) sold in any of the following places: a vending |
machine; a retail store, catalogue, or online Web site in |
which a person exclusively offers for sale products that |
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are packaged, displayed, or advertised as appropriate for |
use by children; or a discrete portion of a retail store, |
catalogue, or online Web site in which a person offers for |
sale products that are packaged, displayed or advertised as |
appropriate for use by children. |
"Child care article" means an item that is designed or |
intended by the manufacturer to facilitate the sleep, |
relaxation, or feeding of children under the age of 6 or to |
help with children under the age of 6 who are sucking or |
teething. |
"Toy containing paint" means a painted toy designed for or |
intended for use by children under the age of 12 at play. In |
determining whether a toy containing paint is designed for or |
intended for use by children under the age of 12, the following |
factors shall be considered: |
(i) a statement by a manufacturer about the intended |
use of the product, including a label on the product, if |
such statement is reasonable; |
(ii) whether the product is represented in its |
packaging, display, promotion, or advertising as |
appropriate for children under the age of 12; and |
(iii) whether the product is commonly recognized by |
consumers as being intended for use by a child under the |
age of 12. |
(b) Children's products. Effective January 1, 2010, no |
person, firm, or corporation shall sell, have, offer for sale, |
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or transfer the items listed in this Section that contain a |
total lead content in any component part of the item that is |
more than 0.004% (40 parts per million) but less than 0.06% |
(600 parts per million) by total weight or a lower standard for |
lead content as may be established by federal or State law or |
regulation unless that item bears a warning statement that |
indicates that at least one component part of the item contains |
lead. |
The warning statement for items covered under this |
subsection (b) shall contain at least the following: "WARNING: |
CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE |
DUST CONTAINING LEAD." |
An entity is in compliance with this subsection (b) if the |
warning statement is provided on the children's product or on |
the label on the immediate container of the children's product.
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This subsection (b) does not apply to any product for which |
federal law governs warning in a manner that preempts State |
authority. |
(c) Other lead bearing substance. No person, firm, or |
corporation shall have,
offer for sale, sell, or give away any |
lead bearing substance that may be
used by the general public, |
except as otherwise provided in subsection (b) of this Section, |
unless it bears the warning statement as
prescribed by federal |
regulation. If no regulation is prescribed the
warning |
statement shall be as follows when the lead bearing substance |
is a lead-based paint or surface coating: "WARNING--CONTAINS |
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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
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building or facility that may be occupied or used by children. |
KEEP OUT OF
THE REACH OF CHILDREN.". If no regulation is |
prescribed the warning statement shall be as follows when the |
lead bearing substance contains lead-based paint or a form of |
lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY |
BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING |
LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
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For the purposes of this subsection (c), the (a) The |
generic term of a product, such as "paint" may be substituted
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for the word "substance" in the above labeling.
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(b) The placement, conspicuousness, and contrast of the |
above labeling
shall be in accordance with 16 C.F.R. 1500.121. |
(d) The warning statements on items covered in subsections |
(a), (b), and (c) of this Section shall be in accordance with, |
or substantially similar to, the following: |
(1) the statement shall be located in a prominent place |
on the item or package such that consumers are likely to |
see the statement when it is examined under retail |
conditions; |
(2) the statement shall be conspicuous and not obscured |
by other written matter; |
(3) the statement shall be legible; and |
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(4) the statement shall contrast with the typography, |
layout and color of the other printed matter. |
Compliance with 16 C.F.R. 1500.121 adopted under the |
Federal Hazardous Substances Act constitutes compliance with |
this subsection (d). |
(e) The manufacturer or importer of record shall be |
responsible for compliance with this Section. |
(f) Subsection (c) of this Section does not apply to any |
component part of a consumer electronic product, including, but |
not limited to, personal computers, audio and video equipment, |
calculators, wireless phones, game consoles, and handheld |
devices incorporating a video screen used to access interactive |
software and their associated peripherals, that is not |
accessible to a child through normal and reasonably foreseeable |
use of the product. A component part is not accessible under |
this subsection (f) if the component part is not physically |
exposed by reason of a sealed covering or casing and does not |
become physically exposed through reasonably foreseeable use |
and abuse of the product. Paint, coatings, and electroplating, |
singularly or in any combination, are not sufficient to |
constitute a sealed covering or casing for purposes of this |
Section. Coatings and electroplating are sufficient to |
constitute a sealed covering for connectors, power cords, USB |
cables, or other similar devices or components used in consumer |
electronics products.
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(Source: P.A. 94-879, eff. 6-20-06.)
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Section 10. The Mercury-added Product Prohibition Act is |
amended by adding Sections 22 and 23 and by changing Section 30 |
as follows:
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(410 ILCS 46/22 new)
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Sec. 22. Sale and distribution of cosmetics, toiletries, or |
fragrances containing mercury. No person shall distribute or |
sell any cosmetics, toiletries, or fragrances containing |
mercury. Any person who knowingly sells or distributes |
mercury-containing cosmetics, toiletries, or fragrances in |
this State is guilty of a petty offense and shall be fined an |
amount not to exceed $500.
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(410 ILCS 46/23 new)
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Sec. 23. Disclosure. Any person in this State manufacturing |
cosmetics, toiletries, or fragrances containing mercury must |
disclose the level of mercury in the product. A manufacturer |
who fails to disclose the level of mercury in its cosmetics, |
toiletries, or fragrances is guilty of a business offense and |
shall be fined $10,000.
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(410 ILCS 46/30)
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Sec. 30. Penalty for violation. Except as provided in |
Sections 22 and 23 of this Act, a A person who violates this |
Act shall be
guilty of a petty offense and upon conviction |