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General Assembly Committee Bill No. 47
January Session, 2019
LCO No. 3541
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT PROHIBITING THE SALE OF GOODS AND USE OF
BUILDING MATERIALS CONTAINING ASBESTOS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) The following acts 1
and the causing thereof are prohibited: (1) The introduction or delivery 2
for introduction into commerce of any item containing asbestos; and 3
(2) the use of any materials containing asbestos in the construction or 4
repair of a structure. 5
(b) Any person who violates the provisions of subsection (a) of this 6
section shall be guilty of a class B misdemeanor but an offense 7
committed with intent to defraud or mislead, or a second or 8
subsequent offense, shall be an unclassified misdemeanor for which 9
the penalty shall be imprisonment for not more than one year, or a fine 10
of not more than five thousand dollars or both such imprisonment and 11
fine. 12
Sec. 2. Subsection (a) of section 21a-337 of the general statutes is 13
repealed and the following is substituted in lieu thereof (Effective 14
October 1, 2019): 15
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(a) The following acts and the causing thereof are prohibited: (1) 16
The introduction or delivery for introduction into commerce of any 17
misbranded hazardous substance or banned hazardous substance; (2) 18
the manufacturing, distributing, selling at wholesale or retail, 19
contracting to sell or resell, lease, sublet or otherwise place in the 20
stream of commerce: (A) Any children's product that has been 21
designated a banned hazardous substance under this chapter or the 22
federal Hazardous Substances Act; (B) any children's product, except 23
for an article described in 21 USC 321(g), as amended from time to 24
time; that is the subject of voluntary or mandatory corrective action 25
taken under the direction of or in cooperation with an agency of the 26
federal government but the defect in such children's product has not 27
been so corrected; or (C) any children's product that is not otherwise in 28
conformity with applicable consumer safety product standards under 29
this chapter, or any similar rule under another chapter of the general 30
statutes or any federal laws or regulations; (3) the alteration, 31
mutilation, destruction, obliteration or removal of the whole or any 32
part of the label of, or the doing of any other act with respect to, a 33
hazardous substance if such act is done while the substance is in 34
commerce, or while the substance is held for sale, whether or not the 35
first sale, after shipment in commerce, and results in the hazardous 36
substance being a misbranded hazardous substance or a banned 37
hazardous substance; (4) the receipt in commerce of any misbranded 38
hazardous substance or banned hazardous substance and the delivery 39
or proffered delivery thereof for pay or otherwise; (5) the giving of a 40
guarantee or undertaking referred to in subdivision (2) of subsection 41
(b) of section 21a-338 which guarantee or undertaking is false, except 42
by a person who relied upon a guarantee or undertaking to the same 43
effect signed by, and containing the name and address of, the person 44
residing in the United States from whom he received in good faith the 45
hazardous substance; (6) the failure to permit entry or inspection as 46
authorized by subsection (a) of section 21a-343 or to permit access to 47
and copying of any record as authorized by section 21a-344; (7) the 48
introduction or delivery for introduction into commerce, or the receipt 49
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in commerce and subsequent delivery or proffered delivery for pay or 50
otherwise, of a hazardous substance in a reused food, drug or cosmetic 51
container or in a container which, though not a reused container, is 52
identifiable as a food, drug or cosmetic container by its labeling or by 53
other identification. The reuse of a food, drug or cosmetic container as 54
a container for a hazardous substance shall be deemed to be an act 55
which results in the hazardous substance being a misbranded 56
hazardous substance. As used in this subdivision, "food", "drug" and 57
"cosmetic" have the same meanings as in the Connecticut Food, Drug 58
and Cosmetic Act; (8) the use by any person to his own advantage, or 59
revealing other than to the administrator or officers or employees of 60
the agency, or to the courts when relevant in any judicial proceeding 61
under sections 21a-335 to 21a-346, inclusive, of any information 62
acquired under authority of section 21a-343 concerning any method of 63
process which as a trade secret is entitled to protection; (9) the 64
introduction or delivery for introduction into commerce of any item 65
containing asbestos; [which reasonably may be expected to be used in 66
the construction or repair of structures, without clearly indicating by 67
labeling thereon that the item contains asbestos and that asbestos may 68
cause cancer when inhaled, or the introduction or delivery for 69
introduction into commerce of any toy or other article for sale in this 70
state marketed for the use of children under the age of sixteen 71
containing asbestos;] (10) the alteration or removal of any item upon 72
which the commissioner or his authorized agent has placed an 73
embargo prior to the time the commissioner, such agent or a court 74
permits the alteration or removal of such item; (11) the introduction or 75
delivery for introduction into commerce, after December 31, 1992, of 76
any toy or other article for sale in this state and marketed for the use of 77
children between the ages of three and seven, or determined to be for 78
the use of children between the ages of three and seven by the federal 79
Consumer Product Safety Commission pursuant to 16 CFR Part 1500 et 80
seq., as published in the Code of Federal Regulations Revised to 81
January 1, 1991, and as from time to time amended, or the 82
Commissioner of Consumer Protection pursuant to sections 21a-335 to 83
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21a-346, inclusive, which would be classified as a banned hazardous 84
substance under 16 CFR Part 1501.4(b)(1) of said code and does not 85
bear a conspicuous warning label that clearly and specifically 86
communicates that the contents include small parts which pose a 87
hazard for children under the age of three, except that any toy or other 88
article that contains, as of December 31, 1992, a safety warning label in 89
substantial compliance with the requirements of this subdivision shall 90
be determined by the commissioner to be in compliance with this 91
subdivision until October 1, 1993. As used in this subdivision, 92
"conspicuous" has the same meaning and characteristics regarding 93
type size as in 16 CFR Part 1500.121(c)(2) of said code; and (12) the 94
introduction or delivery for introduction into commerce, or the 95
distribution or sale, of a drying oil or drying oil product, manufactured 96
after December 31, 1994, which does not bear a conspicuous warning 97
label on a side or back panel of such product stating: "DANGER - 98
RAGS, STEEL WOOL OR WASTE SOAKED WITH .... (INSERT 99
PRODUCT NAME) MAY SPONTANEOUSLY CATCH FIRE IF 100
IMPROPERLY DISCARDED. IMMEDIATELY AFTER USE, PLACE 101
RAGS, STEEL WOOL OR WASTE IN A SEALED WATER -FILLED 102
METAL CONTAINER." As used in this subdivision, "conspicuous" has 103
the same meaning and characteristics regarding type size as in 16 CFR 104
Part 1500.121(c)(2) of said code. 105
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
Sec. 2 October 1, 2019 21a-337(a)
Statement of Purpose:
To protect the public's health by banning asbestos.
[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.]
Co-Sponsors: SEN. LESSER, 9th Dist.
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S.B. 47