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| Public Act 097-0612 | ||||
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Lead Poisoning Prevention Act is amended by | ||||
changing Section 6 as follows:
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(410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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Sec. 6. Warning statement. | ||||
(a) Definitions. As used in this Section: | ||||
"Body piercing jewelry" means any part of jewelry that is
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manufactured or sold for placement in a new piercing or a | ||||
mucous
membrane, but does not include any part of that jewelry | ||||
that is not
placed within a new piercing or a mucous membrane. | ||||
"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. An item meets this definition if it is (i) designed | ||
or intended to be used directly in the mouth by the child or | ||
(ii) is used to facilitate sleep, relaxation, or feeding of | ||
children under the age of 6 or help with children under the age | ||
of 6 who are sucking or teething and, because of its proximity | ||
to the child, is likely to be mouthed, chewed, sucked, or | ||
licked. | ||
"Jewelry" means any of the following ornaments worn by a | ||
person: | ||
(A) Ankle bracelet. | ||
(B) Arm cuff. | ||
(C) Bracelet. | ||
(D) Brooch. | ||
(E) Chain. | ||
(F) Crown. | ||
(G) Cuff link. | ||
(H) Hair accessory. | ||
(I) Earring. | ||
(J) Necklace. | ||
(K) Decorative pin. | ||
(L) Ring. | ||
(M) Body piercing jewelry. | ||
(N) Jewelry placed in the mouth for display or | ||
ornament. | ||
(O) Any charm, bead, chain, link, pendant, or other | ||
component of the items listed in this definition. | ||
(P) A charm, bead, chain, link, pendant, or other | ||
attachment to
shoes or clothing that can be removed and may | ||
be used as a component
of an item listed in this | ||
definition. | ||
(Q) A watch in which a timepiece is a component of an | ||
item
listed in this definition, excluding the timepiece | ||
itself if the
timepiece can be removed from the ornament. | ||
"Toy containing paint" means a painted toy with an | ||
accessible component containing any external coating, | ||
including, but not limited to, paint, ink, lacquer, or screen | ||
printing, designed for or intended for use by children under | ||
the age of 12 at play. For the purposes of this Section, "toy" | ||
is any object designed, manufactured, or marketed as a | ||
plaything for children under the age of 12 and is excluded from | ||
the definitions of "child care article" and "jewelry". 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. COMPLIES WITH | ||
FEDERAL STANDARDS.". "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.
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This subsection (b) does not apply to any product for which | ||
federal law governs warning in a manner that preempts State | ||
authority. | ||
The warning statement required under this subsection (b) is | ||
not required if the component parts of the item containing lead | ||
are inaccessible to a child through normal and reasonably | ||
foreseeable use and abuse as defined by the United States | ||
Consumer Product Safety Commission. | ||
The warning statement required under this subsection (b) is | ||
not required if the component parts in question are exempt from | ||
third-party testing as determined by the United States Consumer | ||
Product Safety Commission. | ||
(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. (i) 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. MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
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(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.". (ii) 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.".
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For the purposes of this subsection (c), the generic term | ||
of a product, such as "paint" may be substituted
for the word | ||
"substance" in the above labeling.
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(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.
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(Source: P.A. 94-879, eff. 6-20-06; 95-1019, eff. 6-1-09.)
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