Bill Text: IL SB3607 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Lead Poisoning Prevention Act. In the provision concerning warning statements, includes items that are intended to be placed in a child's mouth in the definition of "child care article". Provides that an entity is in compliance with the provision concerning warning statements for children's products if a warning statement is provided on a legible sign or shelf tag placed in close proximity to where the product is displayed. Provides that the warning statement is not required if any component part of the item containing lead is not accessible to a child through normal and reasonably foreseeable use and abuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-27 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3607 Detail]

Download: Illinois-2009-SB3607-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3607 Introduced 2/11/2010, by Sen. A. J. Wilhelmi SYNOPSIS AS INTRODUCED:
410 ILCS 45/6 from Ch. 111 1/2, par. 1306
Amends the Lead Poisoning Prevention Act. In the provision concerning warning statements, includes items that are intended to be placed in a child's mouth in the definition of "child care article". Provides that an entity is in compliance with the provision concerning warning statements for children's products if a warning statement is provided on a legible sign or shelf tag placed in close proximity to where the product is displayed. Provides that the warning statement is not required if any component part of the item containing lead is not accessible to a child through normal and reasonably foreseeable use and abuse.
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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 Lead Poisoning Prevention Act is amended by
changing Section 6 as follows:
(410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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 intended to be
placed in a child's mouth and 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
or on a legible sign or shelf tag placed in close proximity to
where the product is displayed such that consumers are likely
to see the warning when it is examined under retail conditions.
This subsection (b) does not apply to any product for which
federal law governs warning in a manner that preempts State
authority.
The warning statement required under this subsection (b) is
not required if any component part of the item containing lead
is not accessible to a child through normal and reasonably
foreseeable use and abuse as defined by the United States
Consumer Product Safety Commission.

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(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
LEAD. 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.". 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.".
For the purposes of this subsection (c), the generic term
of a product, such as "paint" may be substituted for the word
"substance" in the above labeling.
(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 or, for items covered under

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subsection (b) of this Section, on a legible sign or shelf
tag placed in close proximity to where the item or package
is displayed 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
(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,

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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.
(Source: P.A. 94-879, eff. 6-20-06; 95-1019, eff. 6-1-09.)