General Assembly Substitute Bill No. 5130
February Session, 2010 *_____HB05130ENV___031610____*
General Assembly
Substitute Bill No. 5130
February Session, 2010
*_____HB05130ENV___031610____*
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) Not later than July 1, 2011, the Commissioner of Public Health, in consultation with the Commissioners of Environmental Protection and Consumer Protection, shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to: (1) Establish a list of not less than five priority chemicals in accordance with this subsection that are of high concern to children's health and development due to the fact that credible scientific evidence indicates such chemical is a carcinogen, a reproductive or developmental toxicant, an endocrine disruptor, a persistent bioaccumulative toxin or a very persistent, very bioaccumulative toxin; and (2) to prohibit any manufacturer, distributor, wholesaler or retailer from manufacturing, knowingly selling, distributing for sale or distributing for use in this state any children's product, as defined in section 21a-335 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 subdivision (1) of this section.
(b) Any chemical listed on the priority chemical list pursuant to subdivision (1) of subsection (a) of this section shall meet one or more of the following criteria: (1) Such chemical, as determined by biomonitoring studies, is present in human umbilical cord blood, human breast milk, human blood or other bodily tissues or fluids; (2) 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 (3) such chemical is added to or present in a consumer product that is present in the home environment. In determining which chemicals to list as priority chemicals pursuant to subdivision (1) of subsection (a) of this section, the Commissioner of Public Health shall consider inclusion of those chemicals designated as chemicals of high concern by the interstate clearinghouse concerning chemicals, as described in section 22a-902 of the general statutes. Not later than July 1, 2012, and each year thereafter, the Commissioner of Public Health, in consultation with the Commissioners of Environmental Protection and Consumer Protection, shall amend such regulations to add additional chemicals to such priority chemical list as necessary.
(c) Regulations adopted pursuant to subdivision (2) of subsection (a) of this section may authorize the commissioner to require such manufacturer, distributor, wholesaler or retailer, as applicable, to provide a certificate of independent, third-party testing to determine whether such children's product contains any such priority chemical. Such regulations shall not prohibit the manufacture, sale, distribution for sale or distribution for use of a children's product on the sole basis that such children's product contains a priority chemical in: (1) A de minimis amount that does not exceed a harmful level; or (2) a component of such children's product, provided such component is not accessible to a child because such component is covered or contained in a casing and will not become physically exposed through the normal and reasonably foreseeable use and abuse of such children's product. No regulation adopted pursuant to subdivision (2) of subsection (a) of this section shall prohibit the manufacture, sale, distribution for sale or distribution for use of any chemical present in or used in the production or packaging of any drug intended for use in humans or animals, as defined in 21 USC 321, that is manufactured or distributed in a manner consistent with the requirements of the federal Food, Drug and Cosmetic Act or the Public Health Service Act.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
New section
ENV Joint Favorable Subst.
ENV
Joint Favorable Subst.