Bill Text: MI HB6020 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Environmental protection; hazardous products; lead-containing paint; prohibit manufacture, receiving for sale, or use of. Amends sec. 5481 of 1978 PA 368 (MCL 333.5481) & adds sec. 5485b.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-11-10 - Bill Electronically Reproduced 11/09/2016 [HB6020 Detail]

Download: Michigan-2015-HB6020-Introduced.html

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HOUSE BILL No. 6020

 

 

November 9, 2016, Introduced by Rep. Irwin and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 5481 (MCL 333.5481), as added by 2007 PA 161,

 

and by adding section 5485b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5481. As used in this part:

 

     (a) "Children" means individuals who are 7 years old or

 

younger.

 

     (b) "Consumer" means that term as used in the consumer product

 

safety act, 15 USC 2051 to 2085.2089.

 

     (c) "Children's jewelry" means jewelry that is made for,

 

marketed for use by, or marketed to children, including, but not

 

limited to, the following:

     (i) Jewelry represented in its packaging, display, or

 

advertising as appropriate for use by children.

 

     (ii) Jewelry sold in conjunction with, attached to, or

 

packaged together with other products that are packaged, displayed,

 

or advertised as appropriate for use by children.

 

     (iii) Jewelry sized for children and not intended for use by

 

adults.

 

     (iv) Jewelry sold in a vending machine.

 

     (v) Jewelry sold in a retail store, catalog, or online website

 

in which a person exclusively offers for sale products that are

 

packaged, displayed, or advertised as appropriate for use by

 

children.

 

     (vi) Jewelry sold in a discrete portion of a retail store,

 

catalog, or online website in which a person offers for sale

 

products that are packaged, displayed, or advertised as appropriate

 

for use by children.

 

     (d) "Lead-bearing substance" means an item or substance that

 

contains lead, or a coating on an item that contains lead, so that

 

the lead content is more than 0.06% 0.009% of the total weight.

 

Lead-bearing substance does not include glass or crystal decorative

 

components.

 

     (e) "Lead-containing paint" means paint or another similar

 

surface-coating material containing lead or lead compounds and in

 

which the lead content (calculated as lead metal) is more than

 

0.009 percent by weight of the total nonvolatile content of the

 

surface-coating material or the weight of the dried film of the

 

surface-coating material. Lead-containing paint does not include an

artists' paint.

 

     (f) "Paint or another similar surface-coating material" means

 

a fluid, semi-fluid, or other material, with or without a

 

suspension of finely divided coloring matter, that changes to a

 

solid film when a thin layer is applied to a surface. This term

 

does not include printing ink or another material that actually

 

becomes a part of the substrate, such as the pigment in a plastic

 

article, or a material that is actually bonded to the substrate,

 

such as by electroplating or ceramic glazing.

 

     (g) (e) "Person" means an individual, partnership,

 

corporation, association, governmental entity, or other legal

 

entity.

 

     Sec. 5485b. (1) Effective January 1, 2017, a person shall not

 

manufacture for sale a lead-containing paint.

 

     (2) Effective June 1, 2017, a person shall not receive for

 

sale a lead-containing paint.

 

     (3) Effective January 1, 2018, a person shall not apply lead-

 

containing paint.