Bill Text: MI SB0893 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Environmental protection; toxic substances or products; children's products; require manufacturers and distributors to make reports concerning. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 5495, 5496, 5497 & 5498. TIE BAR WITH: SB 0894'12
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2012-01-17 - Referred To Committee On Government Operations [SB0893 Detail]
Download: Michigan-2011-SB0893-Introduced.html
SENATE BILL No. 893
January 17, 2012, Introduced by Senators WARREN, ANDERSON, BIEDA, GLEASON, GREGORY, HOPGOOD, SMITH and HUNTER and referred to the Committee on Government Operations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 5495, 5496, 5497,
and 5498.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 was 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 the written statement
requirement of 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,
2012 and annually thereafter, a manufacturer shall report to the
department whether a screening information data set, as specified
by the organisation 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 civil 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, a civil fine of not more than
$5,000.00.
(b) For a second violation, a civil fine of not more than
$25,000.00.
(c) For a third or subsequent violation, a civil fine of not
more than $50,000.00.
(d) For a knowing violation, a civil fine of not more than
$150,000.00.
(3) The department shall waive a civil fine imposed 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 civil 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 shall be known and may
be cited as the "safe children's products act".
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 894
of the 96th Legislature is enacted into law.
