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General Assembly Raised Bill No. 242
February Session, 2020
LCO No. 1450
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, 2020) (a) The following acts and 1
the causing thereof are prohibited: (1) The introduction or delivery for 2
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 of 5
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 subsequent 10
offense, shall be an unclassified misdemeanor for which the penalty 11
shall be imprisonment for not more than one year, or a fine of not more 12
than five thousand dollars or both such imprisonment and fine. 13
Sec. 2. Subsection (a) of section 21a-337 of the general statutes is 14
repealed and the following is substituted in lieu thereof (Effective October 15 Raised Bill No. 242
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1, 2020): 16
(a) The following acts and the causing thereof are prohibited: (1) The 17
introduction or delivery for introduction into commerce of any 18
misbranded hazardous substance or banned hazardous substance; (2) 19
the manufacturing, distributing, selling at wholesale or retail, 20
contracting to sell or resell, lease, sublet or otherwise place in the stream 21
of commerce: (A) Any children's product that has been designated a 22
banned hazardous substance under this chapter or the federal 23
Hazardous Substances Act; (B) any children's product, except for an 24
article described in 21 USC 321(g), as amended from time to time; that 25
is the subject of voluntary or mandatory corrective action taken under 26
the direction of or in cooperation with an agency of the federal 27
government but the defect in such children's product has not been so 28
corrected; or (C) any children's product that is not otherwise in 29
conformity with applicable consumer safety product standards under 30
this chapter, or any similar rule under another chapter of the general 31
statutes or any federal laws or regulations; (3) the alteration, mutilation, 32
destruction, obliteration or removal of the whole or any part of the label 33
of, or the doing of any other act with respect to, a hazardous substance 34
if such act is done while the substance is in commerce, or while the 35
substance is held for sale, whether or not the first sale, after shipment in 36
commerce, and results in the hazardous substance being a misbranded 37
hazardous substance or a banned hazardous substance; (4) the receipt 38
in commerce of any misbranded hazardous substance or banned 39
hazardous substance and the delivery or proffered delivery thereof for 40
pay or otherwise; (5) the giving of a guarantee or undertaking referred 41
to in subdivision (2) of subsection (b) of section 21a-338 which guarantee 42
or undertaking is false, except by a person who relied upon a guarantee 43
or undertaking to the same effect signed by, and containing the name 44
and address of, the person residing in the United States from whom he 45
received in good faith the hazardous substance; (6) the failure to permit 46
entry or inspection as authorized by subsection (a) of section 21a-343 or 47
to permit access to and copying of any record as authorized by section 48
21a-344; (7) the introduction or delivery for introduction into commerce, 49 Raised Bill No. 242
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or the receipt in commerce and subsequent delivery or proffered 50
delivery for pay or otherwise, of a hazardous substance in a reused food, 51
drug or cosmetic container or in a container which, though not a reused 52
container, is identifiable as a food, drug or cosmetic container by its 53
labeling or by other identification. The reuse of a food, drug or cosmetic 54
container as a container for a hazardous substance shall be deemed to 55
be an act 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 the 60
agency, or to the courts when relevant in any judicial proceeding under 61
sections 21a-335 to 21a-346, inclusive, of any information acquired 62
under authority of section 21a-343 concerning any method of process 63
which as a trade secret is entitled to protection; (9) the introduction or 64
delivery for introduction into commerce of any item containing 65
asbestos, [which reasonably may be expected to be used in the 66
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] except when such item is introduced or delivered 72
for introduction into commerce as part of the sale or rental of real 73
property; (10) the alteration or removal of any item upon which the 74
commissioner or his authorized agent has placed an embargo prior to 75
the time the commissioner, such agent or a court permits the alteration 76
or removal of such item; (11) the introduction or delivery for 77
introduction into commerce, after December 31, 1992, of any toy or other 78
article for sale in this state and marketed for the use of children between 79
the ages of three and seven, or determined to be for the use of children 80
between the ages of three and seven by the federal Consumer Product 81
Safety Commission pursuant to 16 CFR Part 1500 et seq., as published 82
in the Code of Federal Regulations Revised to January 1, 1991, and as 83
from time to time amended, or the Commissioner of Consumer 84 Raised Bill No. 242
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Protection pursuant to sections 21a-335 to 21a-346, inclusive, which 85
would be classified as a banned hazardous substance under 16 CFR Part 86
1501.4(b)(1) of said code and does not bear a conspicuous warning label 87
that clearly and specifically communicates that the contents include 88
small parts which pose a hazard for children under the age of three, 89
except that any toy or other article that contains, as of December 31, 90
1992, a safety warning label in substantial compliance with the 91
requirements of this subdivision shall be determined by the 92
commissioner to be in compliance with this subdivision until October 1, 93
1993. As used in this subdivision, "conspicuous" has the same meaning 94
and characteristics regarding type size as in 16 CFR Part 1500.121(c)(2) 95
of said code; and (12) the introduction or delivery for introduction into 96
commerce, or the distribution or sale, of a drying oil or drying oil 97
product, manufactured after December 31, 1994, which does not bear a 98
conspicuous warning label on a side or back panel of such product 99
stating: "DANGER - RAGS, STEEL WOOL OR WASTE SOAKED WITH 100
.... (INSERT PRODUCT NAME) MAY SPONTANEOUSLY CATCH 101
FIRE IF IMPROPERLY DISCARDED. IMMEDIATELY AFTER USE, 102
PLACE RAGS, STEEL WOOL OR WASTE IN A SEALED WATER -103
FILLED METAL CONTAINER." As used in this subdivis ion, 104
"conspicuous" has the same meaning and characteristics regarding type 105
size as in 16 CFR Part 1500.121(c)(2) of said code. 106
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 New section
Sec. 2 October 1, 2020 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.]