Bill Text: MI SB0894 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Environmental protection; toxic substances or products; hazardous chemicals; require department of community health to provide list. Amends sec. 5491 of 1978 PA 368 (MCL 333.5491) & adds sec. 5494.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2012-01-17 - Referred To Committee On Government Operations [SB0894 Detail]
Download: Michigan-2011-SB0894-Introduced.html
SENATE BILL No. 894
January 17, 2012, Introduced by Senators WARREN, BIEDA, ANDERSON, 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,"
by amending section 5491 (MCL 333.5491), as added by 2007 PA 159,
and by adding section 5494.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5491. As used in this part:
(a) "Chemical" means a substance with a distinct molecular
composition or a group of structurally related substances and
includes the breakdown products of the substance or substances that
form through decomposition, degradation, or metabolism.
(b) "Chemical of concern" means a chemical listed under
section 5494(1).
(c) "Chemical of greatest concern" means a chemical of concern
that is listed under section 5494(2).
(d) (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.
(e) (b)
"Children" means
individuals who are 7 12 years old or
younger. "Child" has a corresponding meaning.
(f) "Children's product" means a consumer product that meets
any of the following requirements:
(i) Is intended primarily for use by or for the care of
children, such as a child care article, baby product, child car
seat, toy, or article of clothing, or personal care product for
children.
(ii) Contains a chemical of greatest concern and when used or
disposed of will likely result in a child or human fetus being
exposed to that chemical of greatest concern.
(g) (c)
"Consumer" means that
term as used in the consumer
product
safety act, 15 USC 2051 to 2085.2089.
(h) "Consumer product" means an item sold for residential or
commercial use, including any component parts and packaging.
Consumer product does not include a drug or biologic regulated by
the United States food and drug administration, a food or beverage
or an additive to a food or beverage, a tobacco product, or a
pesticide regulated by the United States environmental protection
agency, except that consumer product may include a container or
packaging in which such an item is sold.
(i) "Distributor" means a person who sells children's products
to retail establishments on a wholesale basis.
(j) "Manufacturer" means a person who manufactures a final
consumer product or whose brand name is affixed to the consumer
product. In the case of a consumer product that is imported into
the United States, manufacturer includes the importer or domestic
distributor of the consumer product if the person who manufactured
or assembled the consumer product or whose brand name is affixed to
the consumer product does not have a presence in the United States.
(k) (d)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(l) (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 weight. Toxic substance
does not include glass or crystal decorative components.
(m) (f)
"Toy" means an article
designed and made for the
amusement
of a minor child or for the minor's a child's use in
play.
Sec. 5494. (1) By July 1, 2012, the department, in
consultation with the department of environmental quality, shall
compile a list of chemicals that are identified, on the basis of
credible scientific evidence, to have any of the following
characteristics:
(a) Are carcinogens, are reproductive or developmental
toxicants, or cause reproductive or developmental harm or other
systemic toxicity.
(b) Are endocrine or hormone disruptors.
(c) Are persistent, bioaccumulative, and toxic.
(d) Are very persistent and very bioaccumulative.
(2) By July 1, 2013, the department, in consultation with the
department of environmental quality, shall compile a list of not
less than 10 chemicals each of which is a chemical of concern and
meets 1 or more of the following criteria:
(a) Has been found through biomonitoring to be present in
human blood including umbilical cord blood, breast milk, urine, or
other bodily tissues or fluids.
(b) Has been found through sampling and analysis to be present
in consumer products or in household dust, indoor air, drinking
water, or elsewhere in the home environment.
(c) Has been found through monitoring to be present in fish,
wildlife, or the natural environment.
(d) Is included in the United States environmental protection
agency's sponsored chemicals list or unsponsored chemicals list,
developed under its high production volumes challenge program and
together comprising chemicals produced or imported in the United
States in quantities of 1,000,000 pounds or more per year.
(e) Is determined by the department to be of specific
relevance to the health of children in this state.
(3) The department, in consultation with the department of
environmental quality, may update the list of chemicals of concern
as often as the department considers necessary. The department, in
consultation with the department of environmental quality, shall
update and add not less than 10 chemicals to the list of chemicals
of greatest concern at least every 2 years in the manner prescribed
in subsection (2).
(4) Not more than 30 days after creation or alteration of a
list of chemicals of concern or chemicals of greatest concern, the
department shall publicly post the information on its website in an
easily understandable form.
(5) By January 1, 2014, and every 2 years thereafter, the
department, in consultation with the department of environmental
quality, shall submit a report to the legislature about progress in
identifying chemicals of concern and chemicals of greatest concern.
The department shall include in the report a detailed plan to
inform consumers of chemicals of greatest concern as well as a plan
to protect children in this state from chemicals of concern.
(6) The department, in consultation with the department of
environmental quality, may participate in an interstate chemicals
information clearinghouse to assist in carrying out the
requirements of this part. The department may work in collaboration
with other states and an interstate chemicals information
clearinghouse for purposes including, but not limited to, all of
the following:
(a) Collection and dissemination of information regarding
chemical hazards.
(b) Collection and dissemination of information regarding the
use of chemicals in children's products.
(c) Assessment of alternatives to hazardous chemicals and
their use in products.
(d) Public education about matters described in subdivisions
(a), (b), and (c).
(7) The department may negotiate with an interstate chemicals
information clearinghouse to maintain information regarding
chemicals on behalf of this state, including, but not limited to,
information regarding chemicals listed pursuant to this section.
Enacting section 1. This amendatory act may be known and cited
as the "chemicals of greatest concern identification act".
