General Assembly Substitute Bill No. 6743
January Session, 2015 *_____HB06743GL____031615____*
General Assembly
Substitute Bill No. 6743
January Session, 2015
*_____HB06743GL____031615____*
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE TASK FORCE ON CADMIUM IN CHILDREN'S JEWELRY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2015, and applicable to violations occurring on or after said date) (a) As used in this section:
(1) "Cadmium" means elemental cadmium and any compounds or alloys which contain cadmium;
(2) "Children's jewelry" means any jewelry, including charms, bracelets, pendants, necklaces, earrings or rings, and any component thereof, that is designed or intended to be worn by children twelve years of age or younger; and
(3) "Commissioner" means the Commissioner of Consumer Protection.
(b) Each person who manufactures children's jewelry for sale or distribution in this state and each person who distributes children's jewelry in this state shall register with the Department of Consumer Protection on a form prescribed by the commissioner and pay an annual registration fee of fifty dollars. The commissioner shall develop a testing compliance form to be completed by all such registered manufacturers and distributors.
(c) No person shall manufacture for sale in this state or distribute in this state any children's jewelry that contains cadmium at more than the amounts specified in subsection (d) or (e) of this section.
(d) The commissioner shall require manufacturers and distributors to certify in writing on a compliance form developed by the commissioner that all children's jewelry manufactured for distribution in this state or for sale in this state has been tested for cadmium using a total content test. The passing standard for such total content test shall be not more than .03 per cent by weight. Total content test methods shall be applied separately to each component part of such jewelry and may include, but shall not be limited to, x-ray fluorescence spectrometry analysis or total digestion testing, as specified by the latest ASTM standards. The commissioner shall not require leaching or extraction (solubility) testing for children's jewelry that has not met the total content test passing standard.
(e) In addition to the total content test required pursuant to subsection (d) of this section, the commissioner, in the commissioner's discretion, may require written verification from such manufacturers and distributors of a surface coating test for cadmium in children's jewelry that contains paint or any other surface coating. The passing standard for such surface coating test shall be not more than .0075 per cent by weight.
(f) (1) (A) Except as provided in subparagraph (B) of this subdivision, any person who violates subsection (c) of this section shall be guilty of a class B misdemeanor.
(B) For any offense committed with intent to defraud or mislead, or for any second or subsequent offense, any person who violates subsection (c) of this section shall be guilty of a class A misdemeanor, except that such person may be fined not more than five thousand dollars.
(2) No person shall be subject to the penalties set forth in subdivision (1) of this subsection if such person received, delivered or proffered delivery of the children's jewelry in good faith. Any person claiming a good faith defense under this subdivision shall furnish, on request of an officer or employee duly designated by the commissioner, the name and address of the individual or entity from whom such person purchased or received such children's jewelry, and shall also furnish copies of all documents in the possession of such person, if any, pertaining to the delivery of the children's jewelry to such person.
(g) A violation of subsection (c) of this section shall be an unfair or deceptive act or practice in the conduct of trade or commerce pursuant to subsection (a) of section 42-110b of the general statutes.
(h) Any person required by an order of the commissioner to pay a fine, cease and desist from using any method, act or practice declared unlawful pursuant to section 42-110b of the general statutes or to make restitution may appeal from such order in accordance with the provisions of section 4-183 of the general statutes. Any appeal brought under this subsection shall be privileged with respect to assignment for trial.
(i) The commissioner, after consultation with the Commissioner of Public Health, shall develop and provide information to the public on the Department of Consumer Protection's Internet web site regarding safety issues related to cadmium in children's jewelry and recommended precautions parents may take to reduce or eliminate such safety issues.
Sec. 2. Section 21a-12d of the general statutes is repealed. (Effective October 1, 2015)
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2015, and applicable to violations occurring on or after said date New section
Sec. 2 October 1, 2015 Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2015, and applicable to violations occurring on or after said date
New section
Sec. 2
October 1, 2015
Repealer section
GL Joint Favorable Subst.
GL
Joint Favorable Subst.