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| Public Act 097-0612 |
| SB1943 Enrolled | LRB097 07224 RPM 47331 b |
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AN ACT concerning public health. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The Lead Poisoning Prevention Act is amended by |
changing Section 6 as follows: |
(410 ILCS 45/6) (from Ch. 111 1/2, par. 1306) |
Sec. 6. Warning statement. |
(a) Definitions. As used in this Section: |
"Body piercing jewelry" means any part of jewelry that is |
manufactured or sold for placement in a new piercing or a |
mucous membrane, but does not include any part of that jewelry |
that is not placed within a new piercing or a mucous membrane. |
"Children's jewelry" means jewelry that is made for, |
marketed for use by, or marketed to children under the age of |
12 and includes jewelry that meets any of the following |
conditions: |
(1) represented in its packaging, display, or |
advertising as appropriate for use by children under the |
age of 12; |
(2) sold in conjunction with, attached to, or packaged |
together with other products that are packaged, displayed, |
or advertised as appropriate for use by children under 12; |
(3) sized for children and not intended for use by |
adults; or |
(4) sold in any of the following places: a vending |
machine; a retail store, catalogue, or online Web site in |
which a person exclusively offers for sale products that |
are packaged, displayed, or advertised as appropriate for |
use by children; or a discrete portion of a retail store, |
catalogue, or online Web site in which a person offers for |
sale products that are packaged, displayed or advertised as |
appropriate for use by children. |
"Child care article" means an item that is designed or |
intended by the manufacturer to facilitate the sleep, |
relaxation, or feeding of children under the age of 6 or to |
help with children under the age of 6 who are sucking or |
teething. An item meets this definition if it is (i) designed |
or intended to be used directly in the mouth by the child or |
(ii) is used to facilitate sleep, relaxation, or feeding of |
children under the age of 6 or help with children under the age |
of 6 who are sucking or teething and, because of its proximity |
to the child, is likely to be mouthed, chewed, sucked, or |
licked. |
"Jewelry" means any of the following ornaments worn by a |
person: |
(A) Ankle bracelet. |
(B) Arm cuff. |
(C) Bracelet. |
(D) Brooch. |
(E) Chain. |
(F) Crown. |
(G) Cuff link. |
(H) Hair accessory. |
(I) Earring. |
(J) Necklace. |
(K) Decorative pin. |
(L) Ring. |
(M) Body piercing jewelry. |
(N) Jewelry placed in the mouth for display or |
ornament. |
(O) Any charm, bead, chain, link, pendant, or other |
component of the items listed in this definition. |
(P) A charm, bead, chain, link, pendant, or other |
attachment to shoes or clothing that can be removed and may |
be used as a component of an item listed in this |
definition. |
(Q) A watch in which a timepiece is a component of an |
item listed in this definition, excluding the timepiece |
itself if the timepiece can be removed from the ornament. |
"Toy containing paint" means a paintedtoy with an |
accessible component containing any external coating, |
including, but not limited to, paint, ink, lacquer, or screen |
printing, designed for or intended for use by children under |
the age of 12 at play. For the purposes of this Section, "toy" |
is any object designed, manufactured, or marketed as a |
plaything for children under the age of 12 and is excluded from |
the definitions of "child care article" and "jewelry". In |
determining whether a toy containing paint is designed for or |
intended for use by children under the age of 12, the following |
factors shall be considered: |
(i) a statement by a manufacturer about the intended |
use of the product, including a label on the product, if |
such statement is reasonable; |
(ii) whether the product is represented in its |
packaging, display, promotion, or advertising as |
appropriate for children under the age of 12; and |
(iii) whether the product is commonly recognized by |
consumers as being intended for use by a child under the |
age of 12. |
(b) Children's products. Effective January 1, 2010, no |
person, firm, or corporation shall sell, have, offer for sale, |
or transfer the items listed in this Section that contain a |
total lead content in any component part of the item that is |
more than 0.004% (40 parts per million) but less than 0.06% |
(600 parts per million) by total weight or a lower standard for |
lead content as may be established by federal or State law or |
regulation unless that item bears a warning statement that |
indicates that at least one component part of the item contains |
lead. |
The warning statement for items covered under this |
subsection (b) shall contain at least the following: "WARNING: |
CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH |
FEDERAL STANDARDS.". "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF |
EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD." |
An entity is in compliance with this subsection (b) if the |
warning statement is provided on the children's product or on |
the label on the immediate container of the children's product. |
This subsection (b) does not apply to any product for which |
federal law governs warning in a manner that preempts State |
authority. |
The warning statement required under this subsection (b) is |
not required if the component parts of the item containing lead |
are inaccessible to a child through normal and reasonably |
foreseeable use and abuse as defined by the United States |
Consumer Product Safety Commission. |
The warning statement required under this subsection (b) is |
not required if the component parts in question are exempt from |
third-party testing as determined by the United States Consumer |
Product Safety Commission. |
(c) Other lead bearing substance. No person, firm, or |
corporation shall have, offer for sale, sell, or give away any |
lead bearing substance that may be used by the general public, |
except as otherwise provided in subsection (b) of this Section, |
unless it bears the warning statement as prescribed by federal |
regulation. (i) If no regulation is prescribed the warning |
statement shall be as follows when the lead bearing substance |
is a lead-based paint or surface coating: "WARNING--CONTAINS |
LEAD. 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 any residential building or facility that may be occupied or |
used by children. KEEP OUT OF THE REACH OF CHILDREN.". (ii) If |
no regulation is prescribed the warning statement shall be as |
follows when 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.". |
For the purposes of this subsection (c), the generic term |
of a product, such as "paint" may be substituted for the word |
"substance" in the above labeling. |
(d) The warning statements on items covered in subsections |
(a), (b), and (c) of this Section shall be in accordance with, |
or substantially similar to, the following: |
(1) the statement shall be located in a prominent place |
on the item or package such that consumers are likely to |
see the statement when it is examined under retail |
conditions; |
(2) the statement shall be conspicuous and not obscured |
by other written matter; |
(3) the statement shall be legible; and |
(4) the statement shall contrast with the typography, |
layout and color of the other printed matter. |
Compliance with 16 C.F.R. 1500.121 adopted under the |
Federal Hazardous Substances Act constitutes compliance with |
this subsection (d). |
(e) The manufacturer or importer of record shall be |
responsible for compliance with this Section. |
(f) Subsection (c) of this Section does not apply to any |
component part of a consumer electronic product, including, but |
not limited to, personal computers, audio and video equipment, |
calculators, wireless phones, game consoles, and handheld |
devices incorporating a video screen used to access interactive |
software and their associated peripherals, that is not |
accessible to a child through normal and reasonably foreseeable |
use of the product. A component part is not accessible under |
this subsection (f) if the component part is not physically |
exposed by reason of a sealed covering or casing and does not |
become physically exposed through reasonably foreseeable use |
and abuse of the product. Paint, coatings, and electroplating, |
singularly or in any combination, are not sufficient to |
constitute a sealed covering or casing for purposes of this |
Section. Coatings and electroplating are sufficient to |
constitute a sealed covering for connectors, power cords, USB |
cables, or other similar devices or components used in consumer |
electronics products. |
(Source: P.A. 94-879, eff. 6-20-06; 95-1019, eff. 6-1-09.)
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