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2012 -- S 2396 | |
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LC01614 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY -- CHILDREN’S PRODUCT SAFETY ACT | |
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Introduced By: Senators Ruggerio, Felag, Walaska, Sosnowski, and Algiere | |
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Date Introduced: February 15, 2012 | |
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Referred To: Senate Environment & Agriculture | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1 Chapter 23-75 of the General Laws entitled "Children's Product Safety Act" |
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is hereby amended by adding thereto the following section: |
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23-75-3.5. Cadmium, Mercury and Lead in Children's Products - Prohibition. -- (a) |
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After June 30, 2013, no person shall manufacture, sell, offer for sale, import or otherwise |
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distribute in the state any children’s product that contains cadmium, mercury or lead. |
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(b) As used in this section: |
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(1) “Cadmium” means elemental cadmium and any compounds or alloys that contain |
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cadmium. |
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(2) “Mercury” means elemental mercury and any compounds or alloys that contain |
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mercury. |
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(3) “Lead” means elemental lead and any compounds or alloys that contain lead. |
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(4) “Children’s product” means any consumer product or component thereof that is |
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designed and intended primarily for use by children under twelve (12) years of age, including, but |
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not limited to, jewelry, clothing and accessories, decorative objects, backpacks, candy, food, |
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dietary supplements and other edible or chewable items, toys, furniture, or other articles used by |
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or intended to be used by children. |
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(c) Any manufacturer, distributor, or importer of a children’s product intended for use by |
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a child under twelve (12) years of age, who discovers that the children’s product contains, is |
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composed of, or is made with lead, mercury, or cadmium, shall issue an immediate recall for that |
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children’s product. |
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(d) The director of the department of health shall issue an immediate recall for any |
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children’s product intended for use by a child under the age of twelve (12), when he or she |
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discovers contains, is composed of, or is made with lead, mercury, or cadmium. |
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(e) Within forty-eight (48) hours of receiving notice from the director of the department |
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of health or a manufacturer, distributor, or importer that a children’s product intended for use by a |
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child under the age of twelve (12) has been recalled because it contains, is composed of, or is |
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made with lead, mercury, or cadmium, a retail mercantile establishment shall remove the |
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children’s product from any display and make it unavailable for purchase. |
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(f) Within fourteen (14) business days of receiving notice from the director of the |
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department of health or a manufacturer, distributor, or importer that a children’s product intended |
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for use by a child under the age of twelve (12) has been recalled because it contains, is composed |
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of, or is made with lead, mercury, or cadmium, a retail mercantile establishment shall return all |
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inventory of that children’s product to the manufacturer, distributor, or importer from which it |
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was obtained, at the cost of the manufacturer, distributor, or importer. |
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(g) Within sixty (60) business days of receiving a children’s product intended for use by |
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a child under the age of twelve (12) that has been recalled because it contains, is composed of, or |
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is made with lead, mercury, or cadmium from a retail mercantile establishment, the manufacturer, |
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distributor, or importer shall destroy the children’s product in such a way that renders it useless, |
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and dispose of the remnants in a manner and location designed to remove them from access by |
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the general public. |
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(h) Any manufacturer, distributor, importer, mercantile establishment or person who |
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violates any provision of this section shall be subject to an administrative penalty of not more |
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than one thousand dollars ($1,000). Each day that the violation continues or exists shall constitute |
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separate offense. Any revenues received pursuant to this chapter shall be deposited as general |
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revenues. |
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(i) The director of the department of health may adopt rules according to the provisions |
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of chapter 42-35, including rules that provide for product testing and enforcement of this section. |
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SECTION 2. This act shall take effect upon passage. |
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LC01614 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY -- CHILDREN’S PRODUCT SAFETY ACT | |
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This act would ban the use of cadmium, mercury or lead in children’s products. |
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This act would take effect upon passage. |
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LC01614 | |
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