February 6, 2007, Introduced by Senators KAHN, CHERRY, RICHARDVILLE, BRATER and BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
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. TOXIC SUBSTANCES IN CHILDREN'S TOYS
Sec. 5481. As used in this part, "toy" means an article
designed and made for the amusement of a minor or for the minor's
use in play.
Sec. 5483. (1) A person shall not manufacture, sell, or
exchange, have in his or her possession with intent to sell or
exchange, or expose or offer for sale or exchange to a retailer, a
toy in this state that is contaminated with a toxic substance or to
which 1 or more of the following apply:
(a) The toy is coated with paint or lacquer containing lead
compounds of which the lead content, calculated as Pb, is in excess
of that permitted by federal regulations contained in 16 CFR
1500.17, adopted under the federal hazardous substances act, 15 USC
1261 to 1278, or a soluble compound of antimony, arsenic, cadmium,
mercury, selenium, or barium, introduced as such. For purposes of
this part, a compound is soluble if quantities in excess of 0.1%
are dissolved by 5% hydrochloric acid after stirring for 10 minutes
at room temperature.
(b) The toy consists in whole or in part of a diseased,
contaminated, filthy, putrid, or decomposed substance.
(c) The toy has been produced, prepared, packed, shipped, or
held under unsanitary or other conditions as a result of which it
may have become contaminated with filth or hazardous materials or
otherwise rendered injurious to health.
(d) The toy is stuffed, padded, or lined with materials that
are toxic or that would otherwise be hazardous if ingested,
inhaled, or contacted.
(e) The toy is a stuffed, padded, or lined toy that is not
securely wrapped or packaged.
(2) The department and local health officers shall enforce
this part.
(3) A violation of this section is a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
Sec. 5485. (1) A person shall not manufacture, sell, or
exchange, have in his or her possession with intent to sell or
exchange, or expose or offer for sale or exchange to a retailer, a
toy in this state that does not contain a label with the name and
place of business of the manufacturer, distributor, or importer in
the United States.
(2) A person shall provide any information required by this
section on the request of the department.
Sec. 5487. (1) If an authorized representative of the
department or a local health officer finds or has probable cause to
believe that the sale or exchange of a toy is or would be in
violation of this part, the representative shall affix to the toy
or a component of the toy a tag or other appropriate marking and
shall give notice that the toy is suspected of being in violation
of this part, that the toy has been embargoed, and that a person
shall not remove the toy until permission for removal or disposal
is given by an authorized agent of the department, the local health
officer, or a court.
(2) A local health officer shall notify the department within
48 hours of any action taken by the local health officer under
subsection (1).
Sec. 5489. A person shall not knowingly remove, sell, or
dispose of a toy embargoed under section 5487 without permission of
an authorized agent of the department, the local health officer, or
a court. A violation of this section is a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
Sec. 5491. If an authorized agent of the department or the
local health officer finds or has reasonable cause to believe that
an embargo under section 5487 will be violated, the authorized
agent may remove the embargoed toy to a place of safekeeping.
Sec. 5493. If the manufacture, sale, or exchange of a toy is
alleged to be in violation of this part, the department or a local
health officer shall commence proceedings in the circuit court in
the county where the toy is located, for condemnation of the toy.