98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5885
 
Introduced , by Rep. Martin J. Moylan
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Formaldehyde Banned in Children's Products Act. Provides that no manufacturer, wholesaler, or retailer may sell or offer for
sale in this State a children's product that intentionally contains (1) formaldehyde, including formaldehyde contained in a solution, or (2) ingredients that chemically degrade under normal conditions of temperature and
pressure to release formaldehyde. Provides that a manufacturer shall not replace a chemical whose use is prohibited by the Act with a chemical known to the manufacturer to have been identified on the basis
of credible scientific evidence by a state, federal, or international agency as being known
or suspected with a high degree of probability to cause certain harm.
  


LRB098 18088 RPM 53217 b

 
 
A BILL FOR
 

  
HB5885LRB098 18088 RPM 53217 b


  
1    AN ACT concerning public health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the 
5Formaldehyde Banned in Children's Products Act.
 
6    Section 5. Definitions. In this Act:
7        "Child" means a person under 8 years of age.
8        "Children's product" means a product primarily 
9    designed or intended by a
manufacturer to be physically 
10    applied to or introduced into a child's body, including any

11    article used as a component of such a product and excluding 
12    a food, beverage, dietary
supplement, pharmaceutical or 
13    biological product, a children's toy that is covered by the

14    ASTM International F963 standard for Toy Safety, or a 
15    medical device as defined in
the federal Food, Drug, and 
16    Cosmetic Act, United States Code, Title 21, Section 321(h),

17    as amended through February 15, 2013.
 
18    Section 10. Formaldehyde in children's products; ban. No 
19manufacturer, wholesaler, or retailer may sell or offer for

20sale in this State a children's product that intentionally 
21contains:

22        (1) formaldehyde, including formaldehyde contained in 
 
 
HB5885- 2 -LRB098 18088 RPM 53217 b

1    a solution; or
2        (2) ingredients that chemically degrade under normal 
3    conditions of temperature and
pressure to release 
4    formaldehyde.

 
5    Section 15. Formaldehyde replacement chemicals.
6    (a) A manufacturer shall not replace a chemical whose use 
7is prohibited in Section
10 of this Act with a chemical known 
8to the manufacturer to have been identified on the basis
of 
9credible scientific evidence by a state, federal, or 
10international agency as being known
or suspected with a high 
11degree of probability to:
12        (1) harm the normal development of a fetus or child or 
13    cause other developmental
toxicity;
14        (2) cause cancer, genetic damage, or reproductive 
15    harm;
16        (3) disrupt the endocrine or hormone system; or
17        (4) damage the nervous system, immune system, or organs 
18    or cause other systemic
toxicity.
19    (b) For the purposes of this Section, "international 
20agency" does not include an agency
affiliated with a country on 
21the U.S. Department of State list of state sponsors of 
22terrorism
or the U.S. Department of Treasury list of countries 
23with trade restrictions or sanctions.