HB-4766, As Passed House, May 13, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4766

A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 5495.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5495. (1) Except as otherwise provided in this section, a

manufacturer or distributor of a children's product for sale in

this state that contains a chemical of highest concern shall do all

of the following, as applicable:

(a) For a children's product that is already for sale in this

state when a chemical of highest concern is identified by the

department under section 5494, submit a written statement

prescribed in subsection (2) to the department on or before the

expiration of 180 days after the chemical of highest concern is

identified.

(b) For a children's product to be offered for sale in this

state, submit a written statement prescribed in subsection (2) to

the department prior to providing that children's product for sale

in this state

(2) The manufacturer or distributor shall include all of the

following in the written statement required under subsection (1):

(a) Identification of the children's product.

(b) The chemicals of highest concern contained in the

children's product.

(d) The intended purpose of each chemical of highest concern

contained in the children's product.

(3) The following are exempt from the written statement

requirement of subsection (1):

(a) A retailer, unless the retailer is also a manufacturer or

distributor, or both.

(b) Uses of chemicals of highest concern for industrial or

manufacturing purposes.

use of chemicals of highest concern in detachable car seats is not

exempt.

(d) Chemicals of highest concern generated solely as

combustion by-products or that are present in combustible fuels.

(4) The department may extend the deadline for submission of

the written statement under subsection (1) for 1 or more specified

uses of a chemical of highest concern in a children's product if

the departments determine that more time is needed by the

manufacturer or distributor to comply.

(5) Except as otherwise provided in this section, not later

than January 1, 2011 and annually thereafter, a manufacturer shall

report to the department whether a screening information data set,

as specified by the organisation for economic co-operation and

development, or equivalent information exists for added chemical

ingredients in a children's product the manufacturer has sold in

this state.

(6) A manufacturer or distributor of a children's product sold

in this state is exempt from the written statement requirement of

subsection (1) and the report under subsection (5) if the quantity

of that children's product sold in this state in the prior calendar

year is 3,000 units or less or, for a children's product to be

offered for sale in this state, if the quantity of that children's

product to be sold in this state in a calendar year is 3,000 units

or less.

(7) On or before the expiration of 30 days after receipt of

information in a written statement or report under this section,

the department shall publicly post the information in an electronic

format and in a consumer-friendly form.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are

enacted into law:

(a) House Bill No. 4763.