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
(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
(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
(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
(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.