HB5885 98TH GENERAL ASSEMBLY

LRB098 18088 RPM 53217 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5885

Introduced , by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

New Act

Creates the Formaldehyde Banned in Children's Products Act. Provides that no manufacturer, wholesaler, or retailer may sell or offer for sale in this State a children's product that intentionally contains (1) formaldehyde, including formaldehyde contained in a solution, or (2) ingredients that chemically degrade under normal conditions of temperature and pressure to release formaldehyde. Provides that a manufacturer shall not replace a chemical whose use is prohibited by the Act with a chemical known to the manufacturer to have been identified on the basis of credible scientific evidence by a state, federal, or international agency as being known or suspected with a high degree of probability to cause certain harm.

A BILL FOR

AN ACT concerning public health.

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 Formaldehyde Banned in Children's Products Act.

Section 5. Definitions. In this Act:

"Child" means a person under 8 years of age.

"Children's product" means a product primarily designed or intended by a manufacturer to be physically applied to or introduced into a child's body, including any article used as a component of such a product and excluding a food, beverage, dietary supplement, pharmaceutical or biological product, a children's toy that is covered by the ASTM International F963 standard for Toy Safety, or a medical device as defined in the federal Food, Drug, and Cosmetic Act, United States Code, Title 21, Section 321(h), as amended through February 15, 2013.

Section 10. Formaldehyde in children's products; ban. No manufacturer, wholesaler, or retailer may sell or offer for sale in this State a children's product that intentionally contains:

(1) formaldehyde, including formaldehyde contained in a solution; or

(2) ingredients that chemically degrade under normal conditions of temperature and pressure to release formaldehyde.

Section 15. Formaldehyde replacement chemicals.

(a) A manufacturer shall not replace a chemical whose use is prohibited in Section 10 of this Act with a chemical known to the manufacturer to have been identified on the basis of credible scientific evidence by a state, federal, or international agency as being known or suspected with a high degree of probability to:

(1) harm the normal development of a fetus or child or cause other developmental toxicity;

(2) cause cancer, genetic damage, or reproductive harm;

(3) disrupt the endocrine or hormone system; or

(4) damage the nervous system, immune system, or organs or cause other systemic toxicity.

(b) For the purposes of this Section, "international agency" does not include an agency affiliated with a country on the U.S. Department of State list of state sponsors of terrorism or the U.S. Department of Treasury list of countries with trade restrictions or sanctions.