Rep. Naomi D. Jakobsson

Filed: 5/24/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1943

2    AMENDMENT NO. ______. Amend Senate Bill 1943, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Lead Poisoning Prevention Act is amended by
6changing Section 6 as follows:
 
7    (410 ILCS 45/6)  (from Ch. 111 1/2, par. 1306)
8    Sec. 6. Warning statement.
9    (a) Definitions. As used in this Section:
10    "Body piercing jewelry" means any part of jewelry that is
11manufactured or sold for placement in a new piercing or a
12mucous membrane, but does not include any part of that jewelry
13that is not placed within a new piercing or a mucous membrane.
14    "Children's jewelry" means jewelry that is made for,
15marketed for use by, or marketed to children under the age of
1612 and includes jewelry that meets any of the following

 

 

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1conditions:
2        (1) represented in its packaging, display, or
3    advertising as appropriate for use by children under the
4    age of 12;
5        (2) sold in conjunction with, attached to, or packaged
6    together with other products that are packaged, displayed,
7    or advertised as appropriate for use by children under 12;
8        (3) sized for children and not intended for use by
9    adults; or
10        (4) sold in any of the following places: a vending
11    machine; a retail store, catalogue, or online Web site in
12    which a person exclusively offers for sale products that
13    are packaged, displayed, or advertised as appropriate for
14    use by children; or a discrete portion of a retail store,
15    catalogue, or online Web site in which a person offers for
16    sale products that are packaged, displayed or advertised as
17    appropriate for use by children.
18    "Child care article" means an item that is designed or
19intended by the manufacturer to facilitate the sleep,
20relaxation, or feeding of children under the age of 6 or to
21help with children under the age of 6 who are sucking or
22teething. An item meets this definition if it is (i) designed
23or intended to be used directly in the mouth by the child or
24(ii) is used to facilitate sleep, relaxation, or feeding of
25children under the age of 6 or help with children under the age
26of 6 who are sucking or teething and, because of its proximity

 

 

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1to the child, is likely to be mouthed, chewed, sucked, or
2licked.
3    "Jewelry" means any of the following ornaments worn by a
4person:
5        (A) Ankle bracelet.
6        (B) Arm cuff.
7        (C) Bracelet.
8        (D) Brooch.
9        (E) Chain.
10        (F) Crown.
11        (G) Cuff link.
12        (H) Hair accessory.
13        (I) Earring.
14        (J) Necklace.
15        (K) Decorative pin.
16        (L) Ring.
17        (M) Body piercing jewelry.
18        (N) Jewelry placed in the mouth for display or
19    ornament.
20        (O) Any charm, bead, chain, link, pendant, or other
21    component of the items listed in this definition.
22        (P) A charm, bead, chain, link, pendant, or other
23    attachment to shoes or clothing that can be removed and may
24    be used as a component of an item listed in this
25    definition.
26        (Q) A watch in which a timepiece is a component of an

 

 

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1    item listed in this definition, excluding the timepiece
2    itself if the timepiece can be removed from the ornament.
3    "Toy containing paint" means a painted toy with an
4accessible component containing any external coating,
5including, but not limited to, paint, ink, lacquer, or screen
6printing, designed for or intended for use by children under
7the age of 12 at play. For the purposes of this Section, "toy"
8is any object designed, manufactured, or marketed as a
9plaything for children under the age of 12 and is excluded from
10the definitions of "child care article" and "jewelry". In
11determining whether a toy containing paint is designed for or
12intended for use by children under the age of 12, the following
13factors shall be considered:
14        (i) a statement by a manufacturer about the intended
15    use of the product, including a label on the product, if
16    such statement is reasonable;
17        (ii) whether the product is represented in its
18    packaging, display, promotion, or advertising as
19    appropriate for children under the age of 12; and
20        (iii) whether the product is commonly recognized by
21    consumers as being intended for use by a child under the
22    age of 12.
23    (b) Children's products. Effective January 1, 2010, no
24person, firm, or corporation shall sell, have, offer for sale,
25or transfer the items listed in this Section that contain a
26total lead content in any component part of the item that is

 

 

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1more than 0.004% (40 parts per million) but less than 0.06%
2(600 parts per million) by total weight or a lower standard for
3lead content as may be established by federal or State law or
4regulation unless that item bears a warning statement that
5indicates that at least one component part of the item contains
6lead.
7    The warning statement for items covered under this
8subsection (b) shall contain at least the following: "WARNING:
9MAY CONTAIN LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES
10WITH FEDERAL STANDARDS.". "WARNING: CONTAINS LEAD. MAY BE
11HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD."
12    An entity is in compliance with this subsection (b) if the
13warning statement is provided on the children's product or on
14the label on the immediate container of the children's product.
15This subsection (b) does not apply to any product for which
16federal law governs warning in a manner that preempts State
17authority.
18    The warning statement required under this subsection (b) is
19not required if the component parts of the item containing lead
20are inaccessible to a child through normal and reasonably
21foreseeable use and abuse as defined by the United States
22Consumer Product Safety Commission.
23    The warning statement required under this subsection (b) is
24not required if the component parts in question are exempt from
25third-party testing as determined by the United States Consumer
26Product Safety Commission.

 

 

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1    (c) Other lead bearing substance. No person, firm, or
2corporation shall have, offer for sale, sell, or give away any
3lead bearing substance that may be used by the general public,
4except as otherwise provided in subsection (b) of this Section,
5unless it bears the warning statement as prescribed by federal
6regulation. (i) If no regulation is prescribed the warning
7statement shall be as follows when the lead bearing substance
8is a lead-based paint or surface coating: "WARNING--CONTAINS
9LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
10(Side or Back) Panel. Do not apply on toys, or other children's
11articles, furniture, or interior, or exterior exposed surfaces
12of any residential building or facility that may be occupied or
13used by children. KEEP OUT OF THE REACH OF CHILDREN.". (ii) If
14no regulation is prescribed the warning statement shall be as
15follows when the lead bearing substance contains lead-based
16paint or a form of lead other than lead-based paint: "WARNING
17CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE
18DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
19    For the purposes of this subsection (c), the generic term
20of a product, such as "paint" may be substituted for the word
21"substance" in the above labeling.
22    (d) The warning statements on items covered in subsections
23(a), (b), and (c) of this Section shall be in accordance with,
24or substantially similar to, the following:
25        (1) the statement shall be located in a prominent place
26    on the item or package such that consumers are likely to

 

 

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1    see the statement when it is examined under retail
2    conditions;
3        (2) the statement shall be conspicuous and not obscured
4    by other written matter;
5        (3) the statement shall be legible; and
6        (4) the statement shall contrast with the typography,
7    layout and color of the other printed matter.
8    Compliance with 16 C.F.R. 1500.121 adopted under the
9Federal Hazardous Substances Act constitutes compliance with
10this subsection (d).
11    (e) The manufacturer or importer of record shall be
12responsible for compliance with this Section.
13    (f) Subsection (c) of this Section does not apply to any
14component part of a consumer electronic product, including, but
15not limited to, personal computers, audio and video equipment,
16calculators, wireless phones, game consoles, and handheld
17devices incorporating a video screen used to access interactive
18software and their associated peripherals, that is not
19accessible to a child through normal and reasonably foreseeable
20use of the product. A component part is not accessible under
21this subsection (f) if the component part is not physically
22exposed by reason of a sealed covering or casing and does not
23become physically exposed through reasonably foreseeable use
24and abuse of the product. Paint, coatings, and electroplating,
25singularly or in any combination, are not sufficient to
26constitute a sealed covering or casing for purposes of this

 

 

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1Section. Coatings and electroplating are sufficient to
2constitute a sealed covering for connectors, power cords, USB
3cables, or other similar devices or components used in consumer
4electronics products.
5(Source: P.A. 94-879, eff. 6-20-06; 95-1019, eff. 6-1-09.)".