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General Assembly Substitute Bill No. 47
January Session, 2019
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, except 3
when such item is introduced or delivered for introduction into 4
commerce as part of the sale or rental of real property; and (2) the use 5
of any materials containing asbestos in the construction or repair of a 6
structure. 7
(b) Any person who violates the provisions of subsection (a) of this 8
section shall be guilty of a class B misdemeanor but an offense 9
committed with intent to defraud or mislead, or a second or 10
subsequent offense, shall be an unclassified misdemeanor for which 11
the penalty shall be imprisonment for not more than one year, or a fine 12
of not more than five thousand dollars or both such imprisonment and 13
fine. 14
Sec. 2. Subsection (a) of section 21a-337 of the general statutes is 15
repealed and the following is substituted in lieu thereof (Effective 16
October 1, 2019): 17
(a) The following acts and the causing thereof are prohibited: (1) 18 Substitute Bill No. 47
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The introduction or delivery for introduction into commerce of any 19
misbranded hazardous substance or banned hazardous substance; (2) 20
the manufacturing, distributing, selling at wholesale or retail, 21
contracting to sell or resell, lease, sublet or otherwise place in the 22
stream of commerce: (A) Any children's product that has been 23
designated a banned hazardous substance under this chapter or the 24
federal Hazardous Substances Act; (B) any children's product, except 25
for an article described in 21 USC 321(g), as amended from time to 26
time; that is the subject of voluntary or mandatory corrective action 27
taken under the direction of or in cooperation with an agency of the 28
federal government but the defect in such children's product has not 29
been so corrected; or (C) any children's product that is not otherwise in 30
conformity with applicable consumer safety product standards under 31
this chapter, or any similar rule under another chapter of the general 32
statutes or any federal laws or regulations; (3) the alteration, 33
mutilation, destruction, obliteration or removal of the whole or any 34
part of the label of, or the doing of any other act with respect to, a 35
hazardous substance if such act is done while the substance is in 36
commerce, or while the substance is held for sale, whether or not the 37
first sale, after shipment in commerce, and results in the hazardous 38
substance being a misbranded hazardous substance or a banned 39
hazardous substance; (4) the receipt in commerce of any misbranded 40
hazardous substance or banned hazardous substance and the delivery 41
or proffered delivery thereof for pay or otherwise; (5) the giving of a 42
guarantee or undertaking referred to in subdivision (2) of subsection 43
(b) of section 21a-338 which guarantee or undertaking is false, except 44
by a person who relied upon a guarantee or undertaking to the same 45
effect signed by, and containing the name and address of, the person 46
residing in the United States from whom he received in good faith the 47
hazardous substance; (6) the failure to permit entry or inspection as 48
authorized by subsection (a) of section 21a-343 or to permit access to 49
and copying of any record as authorized by section 21a-344; (7) the 50
introduction or delivery for introduction into commerce, or the receipt 51
in commerce and subsequent delivery or proffered delivery for pay or 52
otherwise, of a hazardous substance in a reused food, drug or cosmetic 53 Substitute Bill No. 47
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container or in a container which, though not a reused container, is 54
identifiable as a food, drug or cosmetic container by its labeling or by 55
other identification. The reuse of a food, drug or cosmetic container as 56
a container for a hazardous substance shall be deemed to be an act 57
which results in the hazardous substance being a misbranded 58
hazardous substance. As used in this subdivision, "food", "drug" and 59
"cosmetic" have the same meanings as in the Connecticut Food, Drug 60
and Cosmetic Act; (8) the use by any person to his own advantage, or 61
revealing other than to the administrator or officers or employees of 62
the agency, or to the courts when relevant in any judicial proceeding 63
under sections 21a-335 to 21a-346, inclusive, of any information 64
acquired under authority of section 21a-343 concerning any method of 65
process which as a trade secret is entitled to protection; (9) the 66
introduction or delivery for introduction into commerce of any item 67
containing asbestos, [which reasonably may be expected to be used in 68
the construction or repair of structures, without clearly indicating by 69
labeling thereon that the item contains asbestos and that asbestos may 70
cause cancer when inhaled, or the introduction or delivery for 71
introduction into commerce of any toy or other article for sale in this 72
state marketed for the use of children under the age of sixteen 73
containing asbestos] except when such item is introduced or delivered 74
for introduction into commerce as part of the sale or rental of real 75
property; (10) the alteration or removal of any item upon which the 76
commissioner or his authorized agent has placed an embargo prior to 77
the time the commissioner, such agent or a court permits the alteration 78
or removal of such item; (11) the introduction or delivery for 79
introduction into commerce, after December 31, 1992, of any toy or 80
other article for sale in this state and marketed for the use of children 81
between the ages of three and seven, or determined to be for the use of 82
children between the ages of three and seven by the federal Consumer 83
Product Safety Commission pursuant to 16 CFR Part 1500 et seq., as 84
published in the Code of Federal Regulations Revised to January 1, 85
1991, and as from time to time amended, or the Commissioner of 86
Consumer Protection pursuant to sections 21a-335 to 21a-346, 87
inclusive, which would be classified as a banned hazardous substance 88 Substitute Bill No. 47
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under 16 CFR Part 1501.4(b)(1) of said code and does not bear a 89
conspicuous warning label that clearly and specifically communicates 90
that the contents include small parts which pose a hazard for children 91
under the age of three, except that any toy or other article that 92
contains, as of December 31, 1992, a safety warning label in substantial 93
compliance with the requirements of this subdivision shall be 94
determined by the commissioner to be in compliance with this 95
subdivision until October 1, 1993. As used in this subdivision, 96
"conspicuous" has the same meaning and characteristics regarding 97
type size as in 16 CFR Part 1500.121(c)(2) of said code; and (12) the 98
introduction or delivery for introduction into commerce, or the 99
distribution or sale, of a drying oil or drying oil product, manufactured 100
after December 31, 1994, which does not bear a conspicuous warning 101
label on a side or back panel of such product stating: "DANGER - 102
RAGS, STEEL WOOL OR WASTE SOAKED WITH .... (INSERT 103
PRODUCT NAME) MAY SPONTANEOUSLY CATCH FIRE IF 104
IMPROPERLY DISCARDED. IMMEDIATELY AFTER USE, PLACE 105
RAGS, STEEL WOOL OR WASTE IN A SEALED WATER -FILLED 106
METAL CONTAINER." As used in this subdivision, "conspicuous" has 107
the same meaning and characteristics regarding type size as in 16 CFR 108
Part 1500.121(c)(2) of said code. 109
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)
PH Joint Favorable Subst.