General Assembly Raised Bill No. 5130
February Session, 2010 LCO No. 867
*00867_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)
General Assembly
Raised Bill No. 5130
February Session, 2010
LCO No. 867
*00867_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)
AN ACT CONCERNING CHILD SAFE PRODUCTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) (1) Not later than July 1, 2011, the Commissioner of Environmental Protection, in consultation with the Commissioners of Public Health and Consumer Protection, shall develop a list of not less than five priority chemicals that are of high concern to children's health and development due to the likelihood that children will be exposed to such priority chemicals.
(2) Any chemical listed on such priority chemical list shall meet one or more of the following criteria: (A) Such chemical, as determined by bio-monitoring studies, is present in human umbilical cord blood, human breast milk, human blood or other bodily tissues or fluids; (B) such chemical, as determined by sampling and analysis, is present in household dust, indoor air, drinking water or any area of the home environment; or (C) such chemical is added to or present in a consumer product that is present in the home environment.
(3) In determining which chemicals to designate as priority chemicals, the Commissioner of Environmental Protection shall consider inclusion of those chemicals designated as chemicals of high concern by any of the following: (A) The interstate clearinghouse concerning chemicals, as described in section 22a-902 of the general statutes, (B) the World Health Organization's International Agency for Research on Cancer, (C) the United States Department of Health and Human Services, (D) the United States Environmental Protection Agency, (E) the California Environmental Protection Agency, (F) the Washington Department of Ecology, or (G) the Maine Department of Environmental Protection.
(b) Not later than July 1, 2012, and each year thereafter, the Commissioner of Environmental Protection, in consultation with the Commissioners of Public Health and Consumer Protection, shall make a determination of whether to add more chemicals to such priority chemical list.
(c) The Commissioner of Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes to implement the provisions of this section.
Sec. 2. (NEW) (Effective October 1, 2010) (a) No manufacturer, distributor, wholesaler or retailer shall manufacture, knowingly sell, distribute for sale or distribute for use in this state any children's product, as defined in section 21a-335v of the general statutes, or component of a children's product that contains any chemical that is listed for a period of three years or longer on the priority chemical list developed pursuant to section 1 of this act.
(b) If the Commissioner of Consumer Protection has reasonable grounds to believe that a children's product was manufactured, knowingly sold, distributed for sale or distributed for use in this state in violation of the provisions of subsection (a) of this section, the commissioner may request such manufacturer, distributor, wholesaler or retailer, as applicable, to provide a certificate of independent, third-party testing. Not later than ten days after receipt of any such request for a certificate of independent, third-party testing, such manufacturer, distributor, wholesaler or retailer, as applicable, shall provide the commissioner with a certificate of independent, third-party testing that indicates whether independent, third-party testing of such children's product detected the presence of any priority chemical in such children's product. If such independent, third-party testing detected the presence of any such priority chemical, such manufacturer, distributor, wholesaler or retailer, as applicable, shall be responsible for providing the commissioner with a list of the names and addresses of any person known to such manufacturer, distributor, wholesaler or retailer to sell such children's product in this state.
(c) The Commissioner of Consumer Protection shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes to implement the provisions of this section. Such regulations shall include, but not be limited to: (1) Procedures to prevent the further manufacture, sale and distribution of any children's product in this state that is described in subsection (a) of this section, (2) a schedule of fines to be paid by any manufacturer, distributor, wholesaler or retailer who violates the provisions of this section, and (3) requirements for the performance of any independent, third-party testing, as described in subsection (b) of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
Sec. 2 October 1, 2010 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
New section
Sec. 2
October 1, 2010
New section
Statement of Purpose:
To phase out the use of certain chemicals in children's products.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]