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                                                      PRINTER'S NO. 2182

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1489 Session of 2008


        INTRODUCED BY O'PAKE, MELLOW, COSTA, STOUT, TARTAGLIONE,
           LAVALLE, FERLO, FONTANA, RAFFERTY, DINNIMAN, MUSTO, BOSCOLA,
           LOGAN AND BROWNE, JUNE 16, 2008

        REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 16, 2008

                                     AN ACT

     1  Amending Title 35 (Health and Safety) of the Pennsylvania
     2     Consolidated Statutes, regulating toxic chemicals found in
     3     products specifically designed for and commercially marketed
     4     toward children; and providing for penalties.

     5     The General Assembly finds and declares as follows:
     6     Research shows that many children's products contain toxic
     7  chemicals, such as lead, cadmium and phthalates that have been
     8  shown to cause harm to children's health and the environment.
     9  These chemicals have been linked to long-term health impacts,
    10  such as birth defects, reproductive harm, impaired learning,
    11  liver toxicity and cancer. Because children's bodies are growing
    12  and developing, they are especially vulnerable to the effects of
    13  toxic chemicals. Regulation of toxic chemicals in children's
    14  toys and other products is woefully inadequate. To protect
    15  children's health, it is important to phase out the use of lead,
    16  cadmium and phthalates in children's products and to begin
    17  collecting information on other chemicals that are present in
    18  these products to determine whether further action is required.


     1     The General Assembly of the Commonwealth of Pennsylvania
     2  hereby enacts as follows:
     3     Section 1.  Title 35 of the Pennsylvania Consolidated
     4  Statutes is amended by adding a part to read:
     5                              PART IV
     6                           PRODUCT SAFETY
     7  Chapter
     8    53.  Children's Safe Products
     9                             CHAPTER 53
    10                      CHILDREN'S SAFE PRODUCTS
    11  Sec.
    12  5301.  Short title of chapter.
    13  5302.  Definitions.
    14  5303.  Prohibited acts.
    15  5304.  Chemicals of concern.
    16  5305.  Civil penalties.
    17  § 5301.  Short title of chapter.
    18     This chapter shall be known and may be cited as the
    19  Children's Safe Products Act.
    20  § 5302.  Definitions.
    21     The following words and phrases when used in this chapter
    22  shall have the meanings given to them in this section unless the
    23  context clearly indicates otherwise:
    24     "Chemicals of concern."  A chemical identified by Federal law
    25  or regulation or that is established by the weight of credible
    26  scientific research as causing harm to the development of a
    27  fetus or child, causing cancer, genetic damage or reproductive
    28  harm or disrupting or injuring the human endocrine system,
    29  nervous system, immune system or organs or that otherwise causes
    30  or increases physiological toxicity; or that is persistent,
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     1  bioaccumulative and toxic.
     2     "Children."  Individuals under eight years of age.
     3     "Children's product."  A product designed or intended to
     4  facilitate the sleep, relaxation or feeding of children or to
     5  help children with sucking or teething; a toy designed and
     6  intended primarily for the amusement of children; cosmetics and
     7  jewelry marketed primarily for children; and household goods and
     8  clothing, including child car seats and carriers of any sort,
     9  designed and intended primarily for use by children.
    10     "Department."  The Department of Health of the Commonwealth.
    11     "Phthalates."  Di-(2-ethylhexyl) phthalate (DEHP), dibutyl
    12  phthalate (DBP), benzyl butyl phthalate (BBP), di-isonoyl
    13  phthalate (DINP), diisodecyl phthalate (DIDP) or di-n-octyl
    14  phthalate (DnOP).
    15  § 5303.  Prohibited acts.
    16     (a)  Prohibition.--Except for toys sold as collectibles that
    17  are not marketed for use by children, no manufacturer,
    18  wholesaler or retailer may manufacture, knowingly sell, offer
    19  for sale, distribute for sale or distribute for use in this
    20  Commonwealth a children's product or product component
    21  containing the following:
    22         (1)  Lead at more than 0.009% by weight (90 parts per
    23     million).
    24         (2)  Cadmium at more than 0.004% by weight (40 parts per
    25     million).
    26         (3)  Phthalates, individually or in combination, at more
    27     than 0.1% by weight (1,000 parts per million).
    28     (b)  Violations.--Violations shall be subject to the fines
    29  and sanctions set forth in section 5305 (relating to civil
    30  penalties).
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     1     (c)  Disposition of fines.--All fines collected shall be paid
     2  into a Children's Environmental Health Account separately
     3  reserved for enforcement of the provisions of this chapter.
     4  § 5304.  Chemicals of concern.
     5     (a)  List.--The department shall annually publish a list of
     6  chemicals known to present a special risk to children from
     7  exposure through umbilical cord blood, human breast milk, human
     8  urine or other human tissue or fluids; or through household
     9  dust, indoor air, drinking water or other elements of a
    10  household environment, including consumer products designed or
    11  marketed for common household use.
    12     (b)  Notification to department.--A manufacturer of a
    13  children's product marketed in this Commonwealth that contains a
    14  listed chemical of concern shall notify the department within 90
    15  days of publication of the list or the introduction of such
    16  product, whichever comes first, and provide in a format set by
    17  the department the following:
    18         (1)  The chemical name and its chemical abstracts service
    19     registry number.
    20         (2)  A description of the product or product component
    21     containing the chemical.
    22         (3)  The amount of the chemical present per product unit.
    23         (4)  Other information as required by the department.
    24     (c)  Information available to public.--The department shall
    25  maintain and make reasonably available to the public information
    26  on children's products that are the subject of a Federal safety
    27  recall or that contain chemicals of concern.
    28  § 5305.  Civil penalties.
    29     (a)  General rule.--Each separate violation of this chapter
    30  shall be subject to the following fines:
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     1         (1)  For a first offense, not less than $100 nor more
     2     than $1,000.
     3         (2)  For a second offense, not less than $250 nor more
     4     than $2,500.
     5         (3)  For a third or subsequent offense, not less than
     6     $500 nor more than $5,000.
     7     (b)  Good faith attempt.--No fine shall be levied where a
     8  person attempted in good faith to comply with the requirements
     9  of this chapter and promptly remediated any noncompliance on its
    10  part upon its discovery.
    11     (c)  Treble damages.--Any person deliberately violating this
    12  section shall be liable for treble damages in any civil lawsuit
    13  brought for injury caused by the violation.
    14     Section 2.  This act shall take effect in 60 days.











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