HOUSE BILL No. 4132

 

January 25, 2007, Introduced by Rep. Gaffney and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding part 54B.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 54B. LEAD-BEARING SUBSTANCES

 

     Sec. 5481. As used in this part:

 

     (a) "Child care facility" means a structure used by a child

 

care organization licensed under 1973 PA 116, MCL 722.111 to

 

722.128, or a public school building frequented by children 6 years

 

of age or younger.

 

     (b) "Consumer" means that term as used in the consumer product

 

safety act, 15 USC 2051 to 2085.

 

     (c) "Dwelling" means a structure all or part of which is

 


designed or used for human habitation.

 

     (d) "Lead-bearing substance" means an item or substance that

 

contains or an item that is coated with lead so that the lead

 

content is more than 0.06% of the total weight. Lead-bearing

 

substance does not include firearm ammunition or components of

 

firearm ammunition.

 

     (e) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     (f) "Residential building" means a room, group of rooms, or

 

other interior area of a structure designed or used for human

 

habitation, common areas accessible by inhabitants, and the

 

surrounding property or structures.

 

     Sec. 5482. A person shall not use or apply a lead-bearing

 

substance in or on any items, including, but not limited to,

 

clothing, accessories, jewelry, decorative objects, edible items,

 

candy, food, dietary supplements, toys, furniture, or other

 

articles used by or intended to be chewable by children.

 

     Sec. 5483. A person shall not sell, possess, offer for sale,

 

or transfer toys, furniture, clothing, accessories, jewelry,

 

decorative objects, edible items, candy, food, dietary supplements,

 

or other articles used by or intended to be chewable by children

 

that contain a lead bearing substance.

 

     Sec. 5484. A person shall not sell or transfer or offer for

 

sale or transfer a fixture or other object that is intended to be

 

used, installed, or located in or on a surface of a dwelling,

 

residential building, or child care facility, that contains a lead

 

bearing substance, and that, in the ordinary course of use, is

 


accessible to or chewable by a child.

 

     Sec. 5485. (1) A person shall not possess, offer for sale,

 

sell, or give away a lead-bearing substance that may be used by the

 

general public unless the lead-bearing substance bears a warning

 

statement for a lead-bearing substance as required by federal

 

regulation. If a warning statement for a lead-bearing substance is

 

not required by federal regulation, the lead-bearing substance

 

shall bear 1 of the following warning statements, as applicable:

 

     (a) If the lead-bearing substance is a lead-based paint or

 

surface coating, "WARNING--CONTAINS LEAD. DRIED FILM OF THIS

 

SUBSTANCE MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on

 

(Side or Back) Panel. Do not apply on toys or other children's

 

articles, furniture, or interior or exterior exposed surfaces of a

 

residential building or child care facility. KEEP OUT OF THE REACH

 

OF CHILDREN.".

 

     (b) If the lead-bearing substance contains lead-based paint or

 

a form of lead other than lead-based paint, "WARNING--CONTAINS

 

LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST

 

CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".

 

     (2) The generic term for a product, such as "paint", may be

 

substituted for the word "substance" in a warning statement

 

required by this section.

 

     (3) The placement and conspicuousness, including type style

 

and size and contrast, of a warning statement required by this

 

section shall be in accordance with 16 CFR 1500.121.

 

     Sec. 5486. A person who violates this part is subject to the

 

following:

 


     (a) If the person is an individual consumer or if the person

 

is not an individual consumer and the violation is the person's

 

first offense under this part, the completion of a program designed

 

by the department to educate about the hazards of lead-bearing

 

substances.

 

     (b) If the 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 $5,000.00.

 

     (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 $10,000.00.