SB-0174, As Passed Senate, November 27, 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.