Bill Text: MI SB0017 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Children; health; use of cadmium or mercury in children's products; prohibit. Amends secs. 5491 & 5492 of 1978 PA 368 (MCL 333.5491 & 333.5492).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-16 - Referred To Committee On Government Operations [SB0017 Detail]

Download: Michigan-2013-SB0017-Introduced.html

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SENATE BILL No. 17

 

 

January 16, 2013, Introduced by Senator KAHN and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 5491 and 5492 (MCL 333.5491 and 333.5492), as

 

added by 2007 PA 159.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5491. As used in this part:

 

     (a) "Child care article" means a product designed or intended

 

by the manufacturer to facilitate the sleep, relaxation, or feeding

 

of children or to help children with sucking or teething.

 

     (b) "Children" means individuals who are 7 years old or

 

younger.

 

     (c) "Consumer" means that term as used in the consumer product

 

safety act, 15 USC 2051 to 2085 2089.

 

     (d) "Heavy metal" means cadmium, lead, or mercury.

 

     (e) (d) "Person" means an individual, partnership,

 

corporation, association, governmental entity, or other legal

 

entity.

 

     (f) (e) "Toxic substance" means a substance that contains

 

lead, or a coating on an item that contains lead, so that the lead

 

content is more than 0.06% of the total by weight of 1 or more

 

heavy metals. Toxic substance does not include glass or crystal

 

decorative components.

 

     (g) (f) "Toy" means an article, including jewelry, designed

 

and made for the amusement of a minor or for the minor's use in

 

play.

 

     Sec. 5492. (1) A person shall not use or apply a toxic

 

substance in or on to any toy or child care article in this state

 

or manufacture a toy or child care article in this state with a

 

part that is a toxic substance.

 

     (2) A person shall not sell, offer for sale, or transfer a toy

 

or child care article in this state that contains a toxic

 

substance.

 

     (3) This section does not apply to the sale of a collectible

 

toy that is not marketed to or intended to be used by a minor.