Bill Text: CT HB05130 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning Child Safe Products.
Spectrum: Strong Partisan Bill (Democrat 26-1-1)
Status: (Introduced - Dead) 2010-04-21 - File Number 612 [HB05130 Detail]
Download: Connecticut-2010-HB05130-Comm_Sub.html
General Assembly |
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February Session, 2010 |
*_____HB05130GL____041210____* |
AN ACT CONCERNING CHILD SAFE PRODUCTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) As used in this section and section 2 of this act:
(1) "Priority chemicals" means chemicals identified by a state agency, federal agency, accredited research university or through scientific evidence deemed authoritative by the Commissioner of Public Health known to have one or more of the following characteristics: (A) Causes cancer, genetic damage or reproductive harm; (B) disrupts the endocrine system; (C) is persistent, bioaccumulative and toxic; or (D) is very persistent and very bioaccumulative;
(2) "Persistent" means a substance, including, but not limited to, a heavy metal, that remains unaffected in the environment;
(3) "Bioaccumulative" means a substance that travels up the food chain due to its tendency to be soluble in fat but not in water;
(4) "Toxic" means poisonous to animals, including humans;
(5) "Very persistent" means a substance, including, but not limited to, a heavy metal, that has: (A) A half-life in soil or sediment of greater than one hundred eighty days; or (B) a half-life greater than sixty days in water;
(6) "Very bioaccumulative" means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5.0;
(7) "Background contamination" means the total of the extraneous particles of a priority chemical which are introduced in the process of obtaining, storing, moving, transferring and analyzing a children's product sample.
(b) The Commissioner of Public Health, in consultation with the Commissioners of Environmental Protection and Consumer Protection, may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to: (1) Establish a list of not more than five priority chemicals; and (2) to prohibit any manufacturer, distributor, wholesaler or retailer from manufacturing, knowingly selling, distributing for sale or distributing for use in this state any children's product, as defined in section 21a-335 of the general statutes, or component of a children's product that contains any chemical that is listed for a period of three years or longer on the priority chemical list developed pursuant to subdivision (1) of this subsection.
(c) In determining which chemicals to list as priority chemicals pursuant to subdivision (1) of subsection (b) of this section, the Commissioner of Public Health shall consider inclusion of those chemicals designated as chemicals of high concern by an interstate clearinghouse concerning chemicals, as described in section 22a-902 of the general statutes. The Commissioner of Public Health, in consultation with the Commissioners of Environmental Protection and Consumer Protection, may amend such regulations, annually, to add not more than one additional chemical in such year to such priority chemical list as necessary.
(d) Regulations adopted pursuant to subdivision (2) of subsection (b) of this section may authorize the commissioner to require a manufacturer, distributor, wholesaler or retailer, as applicable, to provide upon request a certificate of independent, third-party testing to determine whether such children's product contains any such priority chemical. Such regulations shall not prohibit the manufacture, sale, distribution for sale or distribution for use of a children's product on the sole basis that such children's product contains a priority chemical in: (1) A de minimis amount that cannot be avoided due to background contamination; or (2) a component of such children's product, provided such component is not accessible to children because such component is covered or contained in a casing and will not become physically exposed through the normal and reasonably foreseeable use of such children's product. No regulation adopted pursuant to subdivision (2) of subsection (b) of this section shall prohibit the manufacture, sale, distribution for sale or distribution for use of any drug or packaging for such drug intended for use in humans or animals, as defined in 21 USC 321, that is manufactured or distributed in a manner consistent with the requirements of the federal Food, Drug and Cosmetic Act or the Public Health Service Act.
Sec. 2. (NEW) (Effective from passage) (a) On or before July 1, 2011, and annually thereafter, the Commissioner of Public Health shall, within existing budgetary resources, provide a written report to the joint standing committees of the General Assembly having cognizance of matters relating to public health, the environment and consumer protection, in accordance with the provisions of section 11-4a of the general statutes. Such report shall contain: (1) A description of the progress made towards the adoption of the regulations authorized pursuant to subsection (b) of section 1 of this act; (2) a detailed list of chemicals on the priority chemicals list specified in subdivision (1) of subsection (b) of section 1 of this act, if any; (3) a detailed list of all chemicals being considered for placement on such list; (4) any scientific data or other information supporting or not supporting the inclusion of such chemicals on such list; and (5) possible alternative chemicals or substances that may be substituted in lieu of any chemicals included or considered for placement on such list.
(b) The most current version of the report required pursuant to subsection (a) of this section shall be posted on the Department of Public Health's Internet web site.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
New section |
Sec. 2 |
from passage |
New section |
GL |
Joint Favorable Subst. |