Connecticut 2020 Regular Session

Connecticut Senate Bill SB00242 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1450 1 of 4
4	4
5	5	General Assembly Raised Bill No. 242
6	6	February Session, 2020
7	7	LCO No. 1450
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9	9
10	10	Referred to Committee on PUBLIC HEALTH
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12	12
13	13	Introduced by:
14	14	(PH)
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19	19	AN ACT PROHIBITING THE SALE OF GOODS AND USE OF
20	20	BUILDING MATERIALS CONTAINING ASBESTOS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective October 1, 2020) (a) The following acts and 1
25	25	the causing thereof are prohibited: (1) The introduction or delivery for 2
26	26	introduction into commerce of any item containing asbestos, except 3
27	27	when such item is introduced or delivered for introduction into 4
28	28	commerce as part of the sale or rental of real property; and (2) the use of 5
29	29	any materials containing asbestos in the construction or repair of a 6
30	30	structure. 7
31	31	(b) Any person who violates the provisions of subsection (a) of this 8
32	32	section shall be guilty of a class B misdemeanor but an offense 9
33	33	committed with intent to defraud or mislead, or a second or subsequent 10
34	34	offense, shall be an unclassified misdemeanor for which the penalty 11
35	35	shall be imprisonment for not more than one year, or a fine of not more 12
36	36	than five thousand dollars or both such imprisonment and fine. 13
37	37	Sec. 2. Subsection (a) of section 21a-337 of the general statutes is 14
38	38	repealed and the following is substituted in lieu thereof (Effective October 15 Raised Bill No. 242
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40	40
41	41
42	42	LCO No. 1450 2 of 4
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44	44	1, 2020): 16
45	45	(a) The following acts and the causing thereof are prohibited: (1) The 17
46	46	introduction or delivery for introduction into commerce of any 18
47	47	misbranded hazardous substance or banned hazardous substance; (2) 19
48	48	the manufacturing, distributing, selling at wholesale or retail, 20
49	49	contracting to sell or resell, lease, sublet or otherwise place in the stream 21
50	50	of commerce: (A) Any children's product that has been designated a 22
51	51	banned hazardous substance under this chapter or the federal 23
52	52	Hazardous Substances Act; (B) any children's product, except for an 24
53	53	article described in 21 USC 321(g), as amended from time to time; that 25
54	54	is the subject of voluntary or mandatory corrective action taken under 26
55	55	the direction of or in cooperation with an agency of the federal 27
56	56	government but the defect in such children's product has not been so 28
57	57	corrected; or (C) any children's product that is not otherwise in 29
58	58	conformity with applicable consumer safety product standards under 30
59	59	this chapter, or any similar rule under another chapter of the general 31
60	60	statutes or any federal laws or regulations; (3) the alteration, mutilation, 32
61	61	destruction, obliteration or removal of the whole or any part of the label 33
62	62	of, or the doing of any other act with respect to, a hazardous substance 34
63	63	if such act is done while the substance is in commerce, or while the 35
64	64	substance is held for sale, whether or not the first sale, after shipment in 36
65	65	commerce, and results in the hazardous substance being a misbranded 37
66	66	hazardous substance or a banned hazardous substance; (4) the receipt 38
67	67	in commerce of any misbranded hazardous substance or banned 39
68	68	hazardous substance and the delivery or proffered delivery thereof for 40
69	69	pay or otherwise; (5) the giving of a guarantee or undertaking referred 41
70	70	to in subdivision (2) of subsection (b) of section 21a-338 which guarantee 42
71	71	or undertaking is false, except by a person who relied upon a guarantee 43
72	72	or undertaking to the same effect signed by, and containing the name 44
73	73	and address of, the person residing in the United States from whom he 45
74	74	received in good faith the hazardous substance; (6) the failure to permit 46
75	75	entry or inspection as authorized by subsection (a) of section 21a-343 or 47
76	76	to permit access to and copying of any record as authorized by section 48
77	77	21a-344; (7) the introduction or delivery for introduction into commerce, 49 Raised Bill No. 242
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79	79
80	80
81	81	LCO No. 1450 3 of 4
82	82
83	83	or the receipt in commerce and subsequent delivery or proffered 50
84	84	delivery for pay or otherwise, of a hazardous substance in a reused food, 51
85	85	drug or cosmetic container or in a container which, though not a reused 52
86	86	container, is identifiable as a food, drug or cosmetic container by its 53
87	87	labeling or by other identification. The reuse of a food, drug or cosmetic 54
88	88	container as a container for a hazardous substance shall be deemed to 55
89	89	be an act which results in the hazardous substance being a misbranded 56
90	90	hazardous substance. As used in this subdivision, "food", "drug" and 57
91	91	"cosmetic" have the same meanings as in the Connecticut Food, Drug 58
92	92	and Cosmetic Act; (8) the use by any person to his own advantage, or 59
93	93	revealing other than to the administrator or officers or employees of the 60
94	94	agency, or to the courts when relevant in any judicial proceeding under 61
95	95	sections 21a-335 to 21a-346, inclusive, of any information acquired 62
96	96	under authority of section 21a-343 concerning any method of process 63
97	97	which as a trade secret is entitled to protection; (9) the introduction or 64
98	98	delivery for introduction into commerce of any item containing 65
99	99	asbestos, [which reasonably may be expected to be used in the 66
100	100	construction or repair of structures, without clearly indicating by 67
101	101	labeling thereon that the item contains asbestos and that asbestos may 68
102	102	cause cancer when inhaled, or the introduction or delivery for 69
103	103	introduction into commerce of any toy or other article for sale in this 70
104	104	state marketed for the use of children under the age of sixteen 71
105	105	containing asbestos] except when such item is introduced or delivered 72
106	106	for introduction into commerce as part of the sale or rental of real 73
107	107	property; (10) the alteration or removal of any item upon which the 74
108	108	commissioner or his authorized agent has placed an embargo prior to 75
109	109	the time the commissioner, such agent or a court permits the alteration 76
110	110	or removal of such item; (11) the introduction or delivery for 77
111	111	introduction into commerce, after December 31, 1992, of any toy or other 78
112	112	article for sale in this state and marketed for the use of children between 79
113	113	the ages of three and seven, or determined to be for the use of children 80
114	114	between the ages of three and seven by the federal Consumer Product 81
115	115	Safety Commission pursuant to 16 CFR Part 1500 et seq., as published 82
116	116	in the Code of Federal Regulations Revised to January 1, 1991, and as 83
117	117	from time to time amended, or the Commissioner of Consumer 84 Raised Bill No. 242
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121	121	LCO No. 1450 4 of 4
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123	123	Protection pursuant to sections 21a-335 to 21a-346, inclusive, which 85
124	124	would be classified as a banned hazardous substance under 16 CFR Part 86
125	125	1501.4(b)(1) of said code and does not bear a conspicuous warning label 87
126	126	that clearly and specifically communicates that the contents include 88
127	127	small parts which pose a hazard for children under the age of three, 89
128	128	except that any toy or other article that contains, as of December 31, 90
129	129	1992, a safety warning label in substantial compliance with the 91
130	130	requirements of this subdivision shall be determined by the 92
131	131	commissioner to be in compliance with this subdivision until October 1, 93
132	132	1993. As used in this subdivision, "conspicuous" has the same meaning 94
133	133	and characteristics regarding type size as in 16 CFR Part 1500.121(c)(2) 95
134	134	of said code; and (12) the introduction or delivery for introduction into 96
135	135	commerce, or the distribution or sale, of a drying oil or drying oil 97
136	136	product, manufactured after December 31, 1994, which does not bear a 98
137	137	conspicuous warning label on a side or back panel of such product 99
138	138	stating: "DANGER - RAGS, STEEL WOOL OR WASTE SOAKED WITH 100
139	139	.... (INSERT PRODUCT NAME) MAY SPONTANEOUSLY CATCH 101
140	140	FIRE IF IMPROPERLY DISCARDED. IMMEDIATELY AFTER USE, 102
141	141	PLACE RAGS, STEEL WOOL OR WASTE IN A SEALED WATER -103
142	142	FILLED METAL CONTAINER." As used in this subdivis ion, 104
143	143	"conspicuous" has the same meaning and characteristics regarding type 105
144	144	size as in 16 CFR Part 1500.121(c)(2) of said code. 106
145	145	This act shall take effect as follows and shall amend the following
146	146	sections:
147	147
148	148	Section 1 October 1, 2020 New section
149	149	Sec. 2 October 1, 2020 21a-337(a)
150	150
151	151	Statement of Purpose:
152	152	To protect the public's health by banning asbestos.
153	153	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
154	154	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
155	155	underlined.]
156	156