SB-0174, As Passed House, December 12, 2007

SUBSTITUTE FOR

SENATE BILL NO. 174

     A bill to amend 1978 PA 368, entitled

"Public health code,"

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

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 54C. TOXIC SUBSTANCES IN CHILDREN'S PRODUCTS

     Sec. 5491. As used in this part:

     (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) "Children" means individuals who are 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 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 minor or for the minor's use in play.

     Sec. 5492. (1) A person shall not use or apply a toxic

substance in or on any toy or child care article in this state.

     (2) A person shall not sell, offer for sale, or transfer a toy

or child care article in this state that contains a toxic

substance.

     (3) This section does not apply to the sale of a collectible

toy that is not marketed to or intended to be used by a minor.

     Sec. 5493. (1) Except as otherwise provided in subsection (2),

a person who violates this part is subject to the following:

     (a) If the person is not an individual consumer and the

violation is the person's first offense under this part, a civil

fine of not more than $100.00 per item not to exceed $5,000.00

total.

     (b) If a 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 $500.00 per item not to exceed $25,000.00

total.

     (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 $1,000.00 per item not to

exceed $50,000.00 total.

     (d) If a person knowingly violates this part and the person is

not an individual consumer, a civil fine equal to 3 times the

amounts in subdivision (c).

     (2) 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 part, pursued compliance with due diligence,

and promptly corrected any noncompliance after discovery of the

violation.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) House Bill No. 4132.

     (b) House Bill No. 4399.

     (c) House Bill No. 4936.