Bill Text: FL S2120 | 2010 | Regular Session | Comm Sub

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Bill Title: Cadmium in Children's Products [CPSC]

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [S2120 Detail]

Download: Florida-2010-S2120-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 2120 
 
By the Committee on Commerce; and Senator Justice 
577-04363-10                                          20102120c1 
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 
5         any item of children's jewelry, toy, or child care 
6         article sold in this state; providing an exception; 
7         providing for a criminal penalty; providing an 
8         effective date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. Cadmium in children’s products; limitations on 
13  use of cadmium; exceptions; criminal penalties.— 
14         (1) As used in this section, the term: 
15         (a) “Child” means an individual who is 7 years of age or 
16  younger, unless otherwise specified. 
17         (b) “Child care article” means a product designed or 
18  intended by the manufacturer to facilitate the sleep, 
19  relaxation, or feeding of a child or to help a child with 
20  sucking or teething. 
21         (c) “Children’s jewelry” means jewelry that is made for, 
22  marketed for use by, or sold to a child. 
23         (d) “Consumer” means an actual or prospective purchaser, 
24  lessee, or recipient of consumer goods or services. 
25         (e) “Person” has the same meaning as provided in s. 1.01, 
26  Florida Statutes. 
27         (f) “Toy” means an article designed and made for the 
28  amusement of a child and for the child’s use during play. 
29         (2) A person may not use or apply cadmium in excess of 75 
30  parts per million on any surface coating or substrate material 
31  on any item of children’s jewelry, toy, or child care article, 
32  as determined through solubility testing for heavy metals 
33  defined in the ASTM International Safety Specification on Toy 
34  Safety, ASTM Standard F-963, if the product is sold in this 
35  state. This section does not apply to the sale of a collectible 
36  toy that is not marketed to or intended to be used for play by a 
37  child younger than 14 years of age. 
38         (3) If a person who is not an individual consumer knowingly 
39  and intentionally violates subsection (2), that person commits a 
40  felony of the third degree, punishable as provided in s. 
41  775.082, s. 775.083, or s. 775.084, Florida Statutes. 
42         Section 2. This act shall take effect July 1, 2010.