2009 -- H 5038

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LC00077

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S T A T E O F R H O D E I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO HEALTH AND SAFETY - CHILDREN'S PRODUCT SAFETY ACT

Introduced By: Representatives A Rice, Segal, Malik, Giannini, and McNamara

Date Introduced: January 08, 2009

Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 23-75 of the General Laws entitled "Children's Product Safety Act" 1

is hereby amended by adding thereto the following section: 2

23-75-3.1. Toys and child care articles - Prohibitions. -- (a) For the purpose of this 3

section: 4

(1) "Child care article" means a product designed or intended by the manufacturer to 5

facilitate sleep, relaxation, or the feeding of a child or to help a child with sucking or teething; 6

and 7

(2) "Toy" means a product designed or intended by the manufacturer to be used by a 8

child when the child plays. 9

(b) On or after January 1, 2010, a person may not manufacture, sell, or distribute in 10

commerce any toy or child care article: 11

(1) Intended for use by a child under the age of 6 years and containing bisphenol-A; or 12

(2) Which contains diethylhexyl phthalate (DEHP), dibutyl phthalate (DBP), or butyl 13

benzyl phthalate (BBP) in concentrations exceeding one-tenth of a percent (0.1%); or 14

(3) Intended for use by a child under the age of six (6) years if the toy or child care article 15

can be placed in the mouth of the child; or 16

(4) Which contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or dinoctyl 17

phthalate (DNOP) in concentrations exceeding one-tenth of a percent (0.1%). 18

(c) In complying with this subsection, a person: 19

(1) Shall use the least toxic alternative when replacing bisphenol-A and phthalates; and 1

(2) May not replace bisphenol-A or phthalates with: 2

(3) Carcinogens rated by the United States environmental protection agency as group A, 3

B, or C carcinogens; or 4

(4) Reproductive toxicants that cause birth defects, reproductive harm, or development 5

harm as identified by the United States environmental protection agency. 6

(d) Any person that violates any provision of this section is guilty of a misdemeanor, and 7

upon conviction shall be subject to a fine not exceeding ten thousand dollars ($10,000) for each 8

violation. 9

SECTION 2. This act shall take effect upon passage. 10

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LC00077