Bill Text: MS SB2183 | 2010 | Regular Session | Introduced

---

Bill Title: Toys; prohibit sale of those containing lead at toxic levels.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [SB2183 Detail]

Download: Mississippi-2010-SB2183-Introduced.html

---

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary, Division B

By: Senator(s) Watson

Senate Bill 2183

AN ACT TO PROHIBIT SALE OF TOYS CONTAINING LEAD AT TOXIC LEVELS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  For the purposes of this section:

          (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)  "Child" or "children" means individuals who are seven (7) years old or younger.

          (c)  "Consumer" means that term as used in the Consumer Product Safety Act, 15 USC 2051 to 2085.

          (d)  "Person" means an individual, partnership, corporation, association, governmental entity or other legal entity.

          (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 six-one-hundredths of a percent (0.06%) of the total weight.  Toxic substance does not include glass or crystal decorative components.

          (f)  "Toy" means an article designed and made for the amusement of a child or for the child's use in play.

     (2)  A person shall not use or apply a toxic substance in or on any toy or child care article in this state.

     (3)  A person shall not sell, offer for sale, or transfer a toy or child care article in this state that contains a toxic substance.

     (4)  This section does not apply to the sale of a collectible toy that is not marketed to or intended to be used by a child.

     (5)  (a)  Except as otherwise provided in paragraph (b), a person who violates this section is subject to the following:

              (i)  If the person is not an individual consumer and the violation is the person's first offense under this section, a civil fine of not more than One Hundred Dollars ($100.00) per item not to exceed Five Thousand Dollars ($5,000.00) in the aggregate.

              (ii)  If a person is not an individual consumer and the violation is the person's second offense under this section, a civil fine of not more than Five Hundred Dollars ($500.00) per item not to exceed Twenty-five Thousand Dollars ($25,000.00) in the aggregate.

              (iii)  If the person is not an individual consumer and the violation is the person's third or subsequent offense under this section, a civil fine of not more than One Thousand Dollars ($1,000.00) per item not to exceed Fifty Thousand Dollars ($50,000.00) in the aggregate.

              (iv)  If a person knowingly violates this section and the person is not an individual consumer, a civil fine equal to three (3) times the fine set forth in item (iii).

          (b)  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 section, pursued compliance with due diligence, and promptly corrected any noncompliance after discovery of the violation.

     SECTION 2.  This act shall take effect and be in force from and after its passage.