Public Act 095-1019
 		





SB2860 Enrolled
LRB095 19197 KBJ 45443 b






    AN ACT concerning health.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Lead Poisoning Prevention Act is amended  by 
changing Section 6 as follows:
 



    (410 ILCS 45/6)  (from Ch. 111 1/2, par. 1306)


    Sec. 6. Warning statement. 
    (a) Definitions. As used in this Section: 
    "Children's jewelry" means jewelry that is made for, 
marketed for use by, or marketed to children under the age of 
12 and includes jewelry that meets any of the following 
conditions:
        (1) represented in its packaging, display, or 
    advertising as appropriate for use  by children under the 
    age of 12;
        (2) sold in conjunction with, attached to, or packaged 
    together with other products that are packaged, displayed, 
    or advertised as appropriate for use by children under 12;
        (3) sized for children and not intended for use by 
    adults; or
        (4) sold in any of the following places:  a vending 
    machine; a retail store, catalogue, or online Web site in 
    which a person exclusively offers for sale products that 
    are packaged, displayed, or advertised as appropriate for 
    use by children; or a discrete portion of a retail store, 
    catalogue, or online Web site in which a person offers for 
    sale products that are packaged, displayed or advertised as 
    appropriate for use by children.
    "Child care article" means an item that is designed or 
intended by the manufacturer to facilitate the sleep, 
relaxation, or feeding of children under the age of 6 or to 
help with children under the age of 6 who are sucking or 
teething.
    "Toy containing paint" means a painted toy designed for or 
intended for use by children under the age of 12 at play.  In 
determining whether a toy containing paint is designed for or 
intended for use by children under the age of 12, the following 
factors shall be considered:
        (i) a statement by a manufacturer about the intended 
    use of the product, including a label on the product, if 
    such statement is reasonable;
        (ii) whether the product is represented in its 
    packaging, display, promotion, or advertising as 
    appropriate for children under the age of 12; and
        (iii) whether the product is commonly recognized by 
    consumers as being intended for use by a child under the 
    age of 12.
    (b) Children's products. Effective January 1, 2010, no 
person, firm, or corporation shall sell, have, offer for sale, 
or transfer the items listed in this Section that contain a 
total lead content in any component part of the item that is 
more than 0.004% (40 parts per million) but less than 0.06% 
(600 parts per million) by total weight or a lower standard for 
lead content as may be established by federal or State law or 
regulation unless that item bears a warning statement that 
indicates that at least one component part of the item contains 
lead.
    The warning statement for items covered under this 
subsection (b) shall contain at least the following: "WARNING: 
CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE 
DUST CONTAINING LEAD."
    An entity is in compliance with this subsection (b) if the 
warning statement is provided on the children's product or on 
the label on the immediate container of the children's product.

This subsection (b) does not apply to any product for which 
federal law governs warning in a manner that preempts State 
authority.
    (c) Other lead bearing substance. No person, firm, or 
corporation shall have,
offer for sale, sell, or give away any 
lead bearing substance that may be
used by the general public, 
except as otherwise provided in subsection (b) of this Section, 
unless it bears the warning statement as
prescribed by federal 
regulation. If no regulation is prescribed the
warning 
statement shall be as follows when the lead bearing substance 
is a lead-based paint or surface coating: "WARNING--CONTAINS 
LEAD. DRIED FILM
OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR 
CHEWED. See Other Cautions on
(Side or Back) Panel. Do not 
apply on toys, or other children's articles,
furniture, or 
interior, or exterior exposed surfaces of any residential

building or facility that may be occupied or used by children. 
KEEP OUT OF
THE REACH OF CHILDREN.". If no regulation is 
prescribed the warning statement shall be as follows when the 
lead bearing substance contains lead-based paint or a form of 
lead other than lead-based paint: "WARNING  CONTAINS LEAD. MAY 
BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING 
LEAD. KEEP OUT OF THE REACH OF CHILDREN.".

    For the purposes of this subsection (c), the (a) The 
generic term of a product, such as "paint" may be substituted

for the word "substance" in the above labeling.

    (b) The placement, conspicuousness, and contrast of the 
above labeling
shall be in accordance with 16 C.F.R. 1500.121.
    (d) The warning statements on items covered in subsections 
(a), (b), and (c) of this Section shall be in accordance with, 
or substantially similar to, the following:
        (1) the statement shall be located in a prominent place 
    on the item or package such that consumers are likely to 
    see the statement when it is examined under retail 
    conditions;
        (2) the statement shall be conspicuous and not obscured 
    by other written matter;
        (3) the statement shall be legible; and
        (4) the statement shall contrast with the typography, 
    layout and color of the other printed matter.
    Compliance with 16 C.F.R. 1500.121 adopted under the 
Federal Hazardous Substances Act constitutes compliance with 
this subsection (d). 
    (e) The manufacturer or importer of record shall be 
responsible for compliance with this Section.
    (f) Subsection (c) of this Section does not apply to any 
component part of a consumer electronic product, including, but 
not limited to, personal computers, audio and video equipment, 
calculators, wireless phones, game consoles, and handheld 
devices incorporating a video screen used to access interactive 
software and their associated peripherals, that is not 
accessible to a child through normal and reasonably foreseeable 
use of the product. A component part is not accessible under 
this subsection (f) if the component part is not physically 
exposed by reason of a sealed covering or casing and does not 
become physically exposed through reasonably foreseeable use 
and abuse of the product. Paint, coatings, and electroplating, 
singularly or in any combination, are not sufficient to 
constitute a sealed covering or casing for purposes of this 
Section.  Coatings and electroplating are sufficient to 
constitute a sealed covering for connectors, power cords, USB 
cables, or other similar devices or components used in consumer 
electronics products.

(Source: P.A. 94-879, eff. 6-20-06.)


 
    Section 10. The Mercury-added Product Prohibition Act is 
amended  by adding Sections 22 and 23 and by changing Section 30 
as follows:
 
    (410 ILCS 46/22 new)

    Sec. 22. Sale and distribution of cosmetics, toiletries, or 
fragrances containing mercury. No person shall distribute or 
sell any cosmetics, toiletries, or fragrances containing 
mercury. Any person who knowingly sells or distributes 
mercury-containing cosmetics, toiletries, or fragrances in 
this State is guilty of a petty offense and shall be fined an 
amount not to exceed $500.
 
    (410 ILCS 46/23 new)

    Sec. 23. Disclosure. Any person in this State manufacturing 
cosmetics, toiletries, or fragrances containing mercury must 
disclose the level of mercury in the product. A manufacturer 
who fails to disclose the level of mercury in its cosmetics, 
toiletries, or fragrances is guilty of a business offense and 
shall be fined $10,000.
 



    (410 ILCS 46/30)



    Sec. 30. Penalty for violation. Except as provided in 
Sections 22 and 23 of this Act, a A person who violates this 
Act shall be
guilty of a petty offense and upon conviction 
shall be subject to a fine of not
less than $50 and not more 
than $200 for each violation.

(Source: P.A. 93-165, eff. 1-1-04.)