BILL NUMBER: SB 1365INTRODUCED BILL TEXT INTRODUCED BY Senator Corbett FEBRUARY 19, 2010 An act to amend Section 108555 of the Health and Safety Code, relating to public safety. LEGISLATIVE COUNSEL'S DIGEST SB 1365, as introduced, Corbett. Public safety: consumer products. Existing law provides no person shall manufacture, sell, or exchange, have in his or her possession with intent to sell or exchange, or expose or offer for sale or exchange to any retailer, any toy that is contaminated with any toxic substance, as provided. Existing law provides for enforcement of these provisions by the State Department of Public Health and local health officers. This bill would also allow the Department of Toxic Substances Control to enforce these provisions if existing resources exist. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 108555 of the Health and Safety Code is amended to read: 108555. (a) No person shall manufacture, sell, or exchange, have in his or her possession with intent to sell or exchange, or expose or offer for sale or exchange to any retailer, any toy that is contaminated with any toxic substance or that is any of the following: (1) Is coated with paints and lacquers containing compounds of lead of which the lead content (calculated as Pb) is in excess of that permitted by federal regulations contained in Section 1500.17 of Title 16 of the Code of Federal Regulations adopted pursuant to the Federal Hazardous Substances Act, Chapter 30 (commencing with Section 1261) of Title 15 of the United States Code, or soluble compounds of antimony, arsenic, cadmium, mercury, selenium or barium, introduced as such. Compounds shall be considered soluble if quantities in excess of 0.1 percent are dissolved by 5 percent hydrochloric acid after stirring for 10 minutes at room temperature. (2) Consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance. (3) Has been produced, prepared, packed, shipped, or held under unsanitary or other conditions whereby it may have become contaminated with filth or hazardous materials or otherwise rendered injurious to health. (4) Is stuffed, padded, or lined with materials that are toxic or that would otherwise be hazardous if ingested, inhaled, or contacted. (5) Is a stuffed, padded, or lined toy that is not securely wrapped or packaged. (b) The department and local health officers shall enforce this article. The Department of Toxic Substances Control may also enforce this article if existing resources are available. (c) Violation of this section is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) for each violation or by imprisonment in the county jail for a period not exceeding one year, or both.