Illinois General Assembly - Full Text of HB5040
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Full Text of HB5040  96th General Assembly


Rep. Naomi D. Jakobsson

Filed: 3/22/2010





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2     AMENDMENT NO. ______. Amend House Bill 5040, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 1. Short title. This Act may be cited as the
6 Cadmium-Safe Kids Act.
7     Section 5. Legislative findings. The General Assembly
8 finds:
9     (1) Children's jewelry that could expose children to high
10 levels of accessible cadmium could cause potential harm to
11 children's health and the environment.
12     (2) Because children's bodies are growing and developing,
13 they are especially vulnerable to the effects of toxic
14 chemicals.
15     (3) To protect children's health, it is important to limit
16 children's exposure to accessible cadmium in children's



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1 jewelry and to determine whether further action is required.
2     Section 10. Definitions. In this Act:
3     "Agency" means the Illinois Environmental Protection
4 Agency.
5     "Body piercing jewelry" means any part of jewelry that is
6 manufactured or sold for placement in a new piercing or a
7 mucous membrane, but does not include any part of that jewelry
8 that is not placed within a new piercing or a mucous membrane.
9     "Children's jewelry" means jewelry that is made, marketed,
10 or designed for or intended primarily for use by children under
11 the age of 12 and includes jewelry that meets any of the
12 following conditions:
13         (1) represented in its packaging, display, or
14     advertising as appropriate for use by children under the
15     age of 12;
16         (2) sold in conjunction with, attached to, or packaged
17     together with other products that are packaged, displayed,
18     or advertised as appropriate for use by children;
19         (3) sized for children and not intended for use by
20     adults; or
21         (4) sold in any of the following:
22             (i) a vending machine;
23             (ii) a retail store, catalogue, or online web site,
24         in which a person exclusively offers for sale products
25         that are packaged, displayed, or advertised as



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1         appropriate for use by children; or
2             (iii) a discrete portion of a retail store,
3         catalogue, or online web site, in which a person offers
4         for sale products that are packaged, displayed, or
5         advertised as appropriate for use by children.
6     "Children's jewelry" does not include any product category
7 for which an existing federal standard regulates cadmium
8 exposure in surface coatings and accessible substance
9 materials as required under ASTM International Consumer Safety
10 Specification for Toy Safety, ASTM Standard F-963, or
11 subsequent versions of this standard.
12     "Distributor" means a person who sells products to retail
13 establishments on a wholesale basis.
14     "Jewelry" means any of the following ornaments worn by a
15 person:
16         (A) Ankle bracelet.
17         (B) Arm cuff.
18         (C) Bracelet.
19         (D) Brooch.
20         (E) Chain.
21         (F) Crown.
22         (G) Cuff link.
23         (H) Hair accessory.
24         (I) Earring.
25         (J) Necklace.
26         (K) Decorative pin.



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1         (L) Ring.
2         (M) Body piercing jewelry.
3         (N) Jewelry placed in the mouth for display ornament.
4         (O) Charm, bead, chain, link, pendant, or any other
5     component of the items listed in this definition.
6         (M) Charm, bead, chain, link, pendant, or any other
7     attachment to shoes or clothing that can be removed and may
8     be used as a component of an item listed in this
9     definition.
10         (Q) Watch, if the timepiece is a component of an item
11     list in this definition, excluding the timepiece itself if
12     the timepiece can be removed from the ornament.
13     "Manufacturer" means the person who manufactured a final
14 product or whose brand name is affixed to the product. In the
15 case of a product that was imported into the United States,
16 "manufacturer" includes the importer or domestic distributor
17 of the product if the person who manufactured or assembled the
18 product does not have a presence in the United States.
19     Section 15. Regulation of cadmium in children's jewelry. No
20 person may manufacture, knowingly sell, offer for sale,
21 distribute for sale, or distribute for use in this State
22 children's jewelry containing cadmium in any paint or surface
23 coating or accessible substrate that exceeds 75 parts per
24 million, as determined through solubility testing for heavy
25 metals defined in the ASTM International Safety Specification



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1 on Toy Safety, ASTM Standard F-963, and subsequent versions of
2 this standard, unless superseded by a federal standard
3 applicable to children's jewelry. This Section only applies to
4 products that are manufactured after July 1, 2011.
5     Section 20. Interstate clearinghouse. The Agency is
6 authorized to participate, along with other states and
7 governmental entities, in an interstate clearinghouse to
8 promote safer chemicals in consumer products. The Agency may
9 cooperate with the interstate clearinghouse to (i) organize and
10 manage available data on chemicals, including information on
11 uses, hazards, environmental concerns, safer alternatives, and
12 model policies and programs, (ii) provide technical assistance
13 regarding chemical safety to businesses, consumers, and policy
14 makers, and (iii) undertake other activities in support of
15 State programs to promote chemical safety.
16     Section 25. Implementation and exemption.
17     (a) A manufacturer of children's jewelry restricted under
18 this Act must notify persons that sell the manufacturer's
19 products in this State about the provisions of this Act no less
20 than 90 days before the effective date of the restrictions. A
21 manufacturer that sells or distributes children's jewelry
22 prohibited from sale or distribution under this Act shall
23 recall the product and reimburse the retailer or any other
24 purchaser for the product.



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1     (b) A retailer who unknowingly sells a product that is
2 restricted from sale under this Act is not liable under this
3 Act.
4     Section 30. Enforcement and penalties.
5     (a) The Attorney General is responsible for administering
6 and ensuring compliance with this Act, including the
7 development and adoption of any rules, if necessary, for the
8 implementation and enforcement of this Act.
9     (b) The Attorney General shall develop and implement a
10 process for receiving and handling complaints from individuals
11 regarding possible violations of this Act.
12     (c) The Attorney General may conduct any investigation
13 deemed necessary regarding possible violations of this Act
14 including, without limitation, the issuance of subpoenas to:
15 (i) require the filing of a statement or report or answer
16 interrogatories in writing as to all information relevant to
17 the alleged violations; (ii) examine under oath any person who
18 possesses knowledge or information directly related to the
19 alleged violations; and (iii) examine any record, book,
20 document, account, or paper necessary to investigate the
21 alleged violation.
22     (d) Service by the Attorney General of any notice requiring
23 a person to file a statement or report, or of a subpoena upon
24 any person, shall be made:
25         (1) personally by delivery of a duly executed copy



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1     thereof to the person to be served or, if a person is not a
2     natural person, in the manner provided in the Code of Civil
3     Procedure when a complaint is filed; or
4         (2) by mailing by certified mail a duly executed copy
5     thereof to the person to be served at his or her last known
6     abode or principal place of business within this State.
7     (e) If the Attorney General determines that there is a
8 reason to believe that a violation of the Act has occurred,
9 then the Attorney General may bring an action in the name of
10 the People of the State to obtain temporary, preliminary, or
11 permanent injunctive relief for any act, policy, or practice
12 that violates this Act.
13     (f) If any person fails or refuses to file any statement or
14 report, or obey any subpoena, issued pursuant to subsection (c)
15 of this Section, then the Attorney General may proceed to
16 initiate a civil action pursuant to subsection (e) of this
17 Section, or file a complaint in the circuit court for the
18 granting of injunctive relief, including restraining the
19 conduct that is alleged to violate this Act until the person
20 files the statement or report, or obeys the subpoena.
21     (g) Relief that may be granted.
22         (1) In any civil action brought pursuant to subsection
23     (e) of this Section, the Attorney General may obtain as a
24     remedy, equitable relief (including any permanent or
25     preliminary injunction, temporary restraining order, or
26     other order, including an order enjoining the defendant



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1     from engaging in a violation or ordering any action as may
2     be appropriate). In addition, the Attorney General may
3     request and the Court may impose a civil penalty in an
4     amount not to exceed $50,000 for each violation. For
5     purposes of this subsection, each item and each standard
6     constitutes a separate violation.
7         (2) A civil penalty imposed or a settlement or other
8     payment made pursuant to this Act shall be made payable to
9     the Attorney General's State Projects and Court Ordered
10     Distribution Fund, which is created as a special fund in
11     the State Treasury. Money in the Fund shall be used,
12     subject to appropriation, for the performance of any
13     function pertaining to the exercise of the duties of the
14     Attorney General including but not limited to enforcement
15     of any law of this State, product testing, and conducting
16     public education programs.
17         (3) Any funds collected under this Section in an action
18     in which the State's Attorney has prevailed shall be
19     retained by the county in which he or she serves.
20     (h) The penalties and injunctions provided in this Act are
21 in addition to any penalties, injunctions, or other relief
22 provided under any other law. Nothing in this Act shall bar a
23 cause of action by the State for any other penalty, injunction,
24 or relief provided by any other law.
25     Section 90. The State Finance Act is amended by adding



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1 Section 5.756 as follows:
2     (30 ILCS 105/5.756 new)
3     Sec. 5.756. The Attorney General's State Projects and Court
4 Ordered Distribution Fund.
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".