Bill Text: FL H0111 | 2011 | Regular Session | Introduced

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Bill Title: Cadmium in Children's Products

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0111 Detail]

Download: Florida-2011-H0111-Introduced.html

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HB 111

1	A bill to be entitled
2	An act relating to cadmium in children's products;
3	defining terms; prohibiting a person from using or
4	applying cadmium in excess of a specified amount on any
5	item of children's jewelry, toy, or child care article
6	sold in this state; providing an exception; providing for
7	a criminal penalty; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Cadmium in children's products; limitations on
12	use of cadmium; exceptions; criminal penalties.-
13	(1)  As used in this section, the term:
14	(a)  "Child" means an individual who is 7 years of age or
15	younger, unless otherwise specified.
16	(b)  "Child care article" means a product designed or
17	intended by the manufacturer to facilitate the sleep,
18	relaxation, or feeding of a child or to help a child with
19	sucking or teething.
20	(c)  "Children's jewelry" means jewelry that is made for,
21	marketed for use by, or sold to a child.
22	(d)  "Consumer" means an actual or prospective purchaser,
23	lessee, or recipient of consumer goods or services.
24	(e)  "Person" has the same meaning as provided in s. 1.01,
25	Florida Statutes.
26	(f)  "Toy" means an article designed and made for the
27	amusement of a child and for the child's use during play.
28	(2)  A person may not use or apply cadmium in excess of 75
29	parts per million on any surface coating or substrate material
30	on any item of children's jewelry, toy, or child care article,
31	as determined through solubility testing for heavy metals
32	defined in the ASTM International Safety Specification on Toy
33	Safety, ASTM Standard F-963, if the product is sold in this
34	state. This section does not apply to the sale of a collectible
35	toy that is not marketed to or intended to be used for play by a
36	child younger than 14 years of age.
37	(3)  If a person who is not an individual consumer
38	knowingly and intentionally violates subsection (2), that person
39	commits a felony of the third degree, punishable as provided in
40	s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
41	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.