Bill Text: MI SB0400 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Environmental protection; toxic substances or products; children's products; require manufacturers and distributors to make reports concerning. Amends sec. 5493 of 1978 PA 368 (MCL 333.5493) & adds secs. 5495, 5496, 5497 & 5498. TIE BAR WITH: SB 0399'13
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2013-05-29 - Referred To Committee On Government Operations [SB0400 Detail]
Download: Michigan-2013-SB0400-Introduced.html
SENATE BILL No. 400
May 29, 2013, Introduced by Senators WARREN, HOPGOOD, GREGORY, HOOD, ANANICH, WHITMER, BIEDA, JOHNSON and HUNTER and referred to the Committee on Government Operations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5493 (MCL 333.5493), as added by 2007 PA 159,
and by adding sections 5495, 5496, 5497, and 5498.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5493. (1) Except as otherwise provided in subsection (2),
subsections (2) and (3), a person who violates this part is subject
to the following:
(a) If the person is not an individual consumer and the
violation is the person's first offense under this part, a civil
fine of not more than $100.00 per item not to exceed $5,000.00
total.
(b) If a person is not an individual consumer and the
violation is the person's second offense under this part, a civil
fine of not more than $500.00 per item not to exceed $25,000.00
total.
(c) If the person is not an individual consumer and the
violation is the person's third or subsequent offense under this
part, a civil fine of not more than $1,000.00 per item not to
exceed $50,000.00 total.
(d) If a person knowingly violates this part and the person is
not an individual consumer, a civil fine equal to 3 times the
amounts in subdivision (c).
(2) A civil fine imposed under this section shall be waived if
it is determined that a person acted in good faith to be in
compliance with this part, pursued compliance with due diligence,
and promptly corrected any noncompliance after discovery of the
violation.
(3) This section does not apply to a violation described in
section 5497.
Sec. 5495. (1) Except as otherwise provided in this section,
before offering for sale in this state a children's product that
contains a chemical of greatest concern, a manufacturer or
distributor shall submit to the department a written statement as
described in subsection (2). However, if the children's product is
already being offered for sale in this state by the manufacturer or
distributor when the chemical of greatest concern is listed by the
department, the manufacturer or distributor shall submit the
statement described in subsection (2) by 180 days after the date on
which the chemical of greatest concern is listed.
(2) A manufacturer or distributor shall include all of the
following in the written statement required under subsection (1):
(a) The manufacturer's or distributor's name, address,
telephone number, and electronic mail address.
(b) Identification of the children's product.
(c) The chemicals of greatest concern contained in the
children's product.
(d) The amount of each chemical of greatest concern contained
in the children's product.
(e) The purpose of each chemical of greatest concern contained
in the children's product.
(3) The following are exempt from subsection (1):
(a) A retailer, unless the retailer is also a manufacturer or
distributor, or both.
(b) Uses of chemicals of greatest concern for industrial or
manufacturing purposes.
(c) Motor vehicles or their component parts, except that the
use of chemicals of greatest concern in detachable car seats is not
exempt.
(d) Chemicals of greatest concern generated solely as
combustion by-products or that are present in combustible fuels.
(4) The department may extend the deadline for submission of
the written statement under subsection (1) for 1 or more specified
uses of a chemical of greatest concern in a children's product if
the department determines that more time is needed by the
manufacturer or distributor to comply.
(5) Except as otherwise provided in this section, by July 1,
2014 and annually thereafter, a manufacturer shall report to the
department whether a screening information data set, as specified
by the organization for economic co-operation and development, or
equivalent information exists for each chemical intentionally added
to a children's product that the manufacturer sold in this state in
the current or prior calendar year.
(6) A manufacturer or distributor of a children's product sold
in this state is exempt from subsection (1) and a manufacturer is
exempt from subsection (5) if the quantity of that children's
product sold in this state by that manufacturer or distributor in
the prior calendar year or to be sold in the current calendar year
is 3,000 units or less.
(7) Not more than 30 days after receipt of information in a
written statement or report under this section, the department
shall post the information on its website in an easily
understandable form.
Sec. 5496. The department, in consultation with the department
of environmental quality, may promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to implement this part.
Sec. 5497. (1) If a manufacturer or distributor violates a
requirement of section 5495 or rules promulgated to implement
section 5495 and the violation continues for more than 90 days, the
department may take enforcement action, assess administrative fines
under subsection (2), and request the attorney general to initiate
proceedings to enjoin the sale of children's products in this state
by that manufacturer or distributor.
(2) Subject to subsection (3), a manufacturer or distributor
that violates section 5495 or rules promulgated to implement
section 5495 is subject to the following:
(a) For a first violation, an administrative fine of not more
than $5,000.00.
(b) For a second violation, an administrative fine of not more
than $25,000.00.
(c) For a third or subsequent violation, an administrative
fine of not more than $50,000.00.
(d) For a knowing violation, an administrative fine of not
more than $150,000.00.
(3) The department shall waive an administrative fine under
this section if the manufacturer or distributor acts in good faith
to comply with section 5495 and rules promulgated to implement
section 5495, pursues compliance with due diligence, and promptly
corrects any noncompliance after discovery of the violation.
Sec. 5498. (1) The children's safe products fund is created
within the state treasury.
(2) The department shall transmit all administrative fines
collected under this part to the state treasurer for deposit into
the fund. The state treasurer may receive money or other assets
from any other source for deposit into the fund. The state
treasurer shall direct the investment of the fund and shall credit
to the fund interest earnings from fund investments. Money in the
fund at the close of the fiscal year shall remain in the fund and
shall not lapse to the general fund. The department shall be the
administrator of the fund for auditing purposes.
(3) The department shall expend money from the fund, upon
appropriation, only for the purpose of administering and carrying
out duties required by this part.
Enacting section 1. This amendatory act may be referred to as
the "safe children's products act".
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 399
of the 97th Legislature is enacted into law.
