Bill Text: IL HB0373 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Brominated Fire Retardant Prevention Act. Changes the short title of the Act to the Toxic Fire Retardant Prevention Act. Makes changes to the legislative findings. Defines "Agency" and "brominated flame retardant". Provides that beginning January 1, 2011, a person may not manufacture, process, or knowingly sell, offer for sale, distribute for sale, or distribute for use any of the following: (1) a mattress, mattress pad, an article of furniture, or any other product intended for indoor residential use if the product has a textile component containing decaBDE; or (2) a television, computer, or other electronic device if the exterior casing of the devices contains decaBDE. Provides that this prohibition does not apply to certain items. Sets forth manufacturer and retailer responsibilities with respect to such products. Provides that the Agency may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of the Act and to help coordinate education and outreach activities, review hazard and alternatives assessments, and any other activities related to the administration of the Act. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0373 Detail]

Download: Illinois-2009-HB0373-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0373 Introduced 1/30/2009, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED:
410 ILCS 48/1
410 ILCS 48/5
410 ILCS 48/10
410 ILCS 48/15
410 ILCS 48/17 new
410 ILCS 48/19 new
Amends the Brominated Fire Retardant Prevention Act. Changes the short title of the Act to the Toxic Fire Retardant Prevention Act. Makes changes to the legislative findings. Defines "Agency" and "brominated flame retardant". Provides that beginning January 1, 2011, a person may not manufacture, process, or knowingly sell, offer for sale, distribute for sale, or distribute for use any of the following: (1) A mattress, mattress pad, an article of furniture, or any other product intended for indoor residential use if the product has a textile component containing decaBDE; or (2) A television, computer, or other electronic device if the exterior casing of the devices contains decaBDE. Provides that this prohibition does not apply to certain items. Sets forth manufacturer and retailer responsibilities with respect to such products. Provides that the Agency may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of the Act and to help coordinate education and outreach activities, review hazard and alternatives assessments, and any other activities related to the administration of the Act. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Brominated Fire Retardant Prevention Act is
amended by changing Sections 1, 5, 10, and 15 and by adding
Sections 17 and 19 as follows:
(410 ILCS 48/1)
Sec. 1. Short title. This Act may be cited as the Toxic
Brominated Fire Retardant Prevention Act.
(Source: P.A. 94-100, eff. 7-1-05.)
(410 ILCS 48/5)
Sec. 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,

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including low intelligence and learning disabilities. PBDE may
also have the potential to cause cancer.
(d) Substantial efforts to eliminate PBDE and 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 PBDE and 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.
(Source: P.A. 94-100, eff. 7-1-05.)
(410 ILCS 48/10)
Sec. 10. Definitions. In this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Brominated flame retardant" (BFR) means any chemical
containing the element bromine that may be added to a plastic,
foam, or textile to inhibit flame formation.
"DecaBDE" means decabromodiphenyl ether.
"OctaBDE" means octabromodiphenyl ether.
"PBDE" means polybrominated diphenyl ether.
"PentaBDE" means pentabromodiphenyl ether.

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(Source: P.A. 94-100, eff. 7-1-05.)
(410 ILCS 48/15)
Sec. 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
following:
(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.
(c) Beginning January 1, 2011, a person may not
manufacture, process, or knowingly sell, offer for sale,
distribute for sale, or distribute for use any of the
following:
(1) A mattress, mattress pad, an article of furniture,
or any other product intended for indoor residential use if
the product has a textile component containing decaBDE.
(2) A television, computer, or other electronic device

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if the exterior casing of the devices contains decaBDE.
(d) Subsection (c) of this Section does not apply to any of
the following:
(1) The processing of recycled material containing
decaBDE in compliance with applicable State and federal
laws.
(2) The sale of used products by a person who is not
engaged in the business of selling the type of producted
involved.
(3) Vehicles used for transportation or products or
parts used in such vehicles.
(4) Medical devices used to help diagnose, care, treat,
or prevent a disease or other health concern.
(Source: P.A. 94-100, eff. 7-1-05.)
(410 ILCS 48/17 new)
Sec. 17. Manufacturer and retailer responsibilities.
(a) A manufacturer of a product restricted under
subsections (c) and (d) of Section 15 of this Act must notify
persons that sell or distribute the manufacturer's product of
the requirements of this Act no later than January 1, 2010.
(b) A retailer who unknowingly sells products in violation
of Section 15 of this Act is not liable under this Act. A
manufacturer who unknowingly produces, sells, or distributes a
product prohibited by this Act must recall the product and
reimburse the retailer or any other purchaser for the product

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and any applicable shipping and handling for returning the
product.
(410 ILCS 48/19 new)
Sec. 19. Interstate clearinghouse. The Agency may
participate in the establishment and implementation of a
regional, multistate clearinghouse to assist in carrying out
the requirements of this Act and to help coordinate education
and outreach activities, review hazard and alternatives
assessments, and any other activities related to the
administration of this Act.
Section 99. Effective date. This Act takes effect upon
becoming law.