Illinois General Assembly - Full Text of Public Act 094-0100
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Public Act 094-0100




Public Act 094-0100
HB2572 Enrolled LRB094 11168 RXD 41821 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the
Brominated Fire Retardant Prevention Act.
    Section 5. Legislative findings.
    (a) Chemicals known as brominated flame retardants (BFR's)
are widely used in the United States. To meet stringent fire
standards, manufacturers add BFR's to a multitude of products,
including plastic housing of electronics and computers,
circuit boards, and the foam and textiles used in furniture.
    (b) Polybrominated diphenyl ether (PBDE), which is a
subcategory of BFR's, has increased forty-fold in human breast
milk since the 1970s.
    (c) PBDE has the potential to disrupt thyroid hormone
balance and contribute to a variety of developmental deficits,
including low intelligence and learning disabilities. PBDE may
also have the potential to cause cancer.
    (d) Substantial efforts to eliminate BFR's from products
have been made throughout the world, including private and
public sectors. These efforts have made available numerous
alternatives safe to human health while meeting stringent fire
standards. To meet market demand, it is in the interest of
State manufacturers to eliminate the use of BFR's.
    (e) In order to protect the public health and the
environment, the General Assembly believes it is necessary for
the State to develop a precautionary approach regarding the
production, use, storage, and disposal of products containing
brominated fire retardants.
    Section 10. Definitions. In this Act:
    "DecaBDE" means decabromodiphenyl ether.
    "OctaBDE" means octabromodiphenyl ether.
    "PBDE" means polybrominated diphenyl ether.
    "PentaBDE" means pentabromodiphenyl ether.
    Section 15. Regulation of brominated flame retardant.
    (a) 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.
    (b) Subsection (a) of this Section does not apply to the
        (1) The sale by a business, charity, or private party
    of any used product containing PBDE.
        (2) The distribution in commerce of original equipment
    manufacturer replacement service parts manufactured prior
    to the effective date of this Act.
        (3) The processing of recycled material containing
    pentaBDE or octaBDE in compliance with applicable State and
    federal laws.
    Section 20. Penalty. A person who violates Section 15 of
this Act is guilty of a business offense and upon conviction
shall be subject to a fine of not less than $10,000 and not
more than $25,000 for each violation.
    Section 25. DecaBDE Study. By January 2, 2006, the Illinois
Environmental Protection Agency, shall submit to the General
Assembly and the Governor a report that reviews the latest
available scientific research to address the following issues:
        (1) whether decaBDE is bio-accumulating in humans and
    the environment, and if so, whether the levels of decaBDE
    are increasing, decreasing, or staying the same;
        (2) how are humans exposed to decaBDE;
        (3) what health effects could result from exposure to
    decaBDE, and are current levels of exposure at levels that
    could produce these effects;
        (4) whether decaBDE breaks down into more harmful
    chemicals that could damage public health; and
        (5) whether effective flame retardants are available
    for decaBDE uses, and whether the use of available
    alternatives reduce health risks while still maintaining
    an adequate level of flame retardant performance.
    Section 30. Review of decaBDE study. By February 28, 2006,
the Illinois Department of Public Health, shall submit to the
General Assembly and the Governor a report that reviews the
Illinois Environmental Protection Agency's decaBDE study. In
addition to a review of any public health implications the
Department of Public Health believes would result from exposure
to decaBDE, it shall also comment on the following:
        (1) the known exposure pathways for humans to decaBDE;
        (2) what scientific evidence exists to demonstrate
    that decaBDE breaks down into other chemicals that could
    pose public health concerns; and
        (3) what research and analysis exists on the potential
    human health effects of flame retardants that could be used
    as alternatives to decaBDE.
    Section 35. Transportation of products containing PBDEs.
Nothing in this Act restricts a manufacturer, importer, or
distributor from transporting products containing PBDEs
through this State or storing PBDEs in this State for further
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/1/2005