HB-4764, As Passed House, May 13, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4764

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 5491 (MCL 333.5491), as added by 2007 PA 159.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5491. As used in this part:

(a) "Chemical" means a substance with a distinct molecular

composition or a group of structurally related substances and

includes the breakdown products of the substance or substances that

form through decomposition, degradation, or metabolism.

(b) "Chemical of concern" means a chemical that is identified,

on the basis of credible scientific evidence, to have any of the

following characteristics:

(i) Is a carcinogen, a reproductive or developmental toxicant,

or causes reproductive or developmental harm or other systemic

toxicity.

(ii) Is an endocrine or hormone disruptor.

(iii) Is persistent, bioaccumulative, and toxic.

(iv) Is very persistent and very bioaccumulative.

that is designated a chemical of highest concern by the department

under section 5494.

(d) ~~(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.

(e) ~~(b)~~ "Children" means individuals who are 7 12 years old or

younger.

(f) "Children's product" means a consumer product intended

primarily for use by children, or for the care of children, such as

baby products, car seats, personal care products, toys, and

clothing, or any consumer product containing a chemical of highest

concern that when used or disposed of will likely result in a child

or a fetus being exposed to that chemical.

(g) ~~(c)~~ "Consumer" means that term as used in the consumer

product safety act, 15 USC 2051 to ~~2085~~ 2089.

(h) "Consumer product" means any item sold for residential or

commercial use, including any component parts and packaging.

Consumer product does not include a drug or biologic regulated by

the United States food and drug administration, a food or beverage

or an additive to a food or beverage, a tobacco product, or a

pesticide regulated by the United States environmental protection

agency, except that consumer product may include a container or

packaging in which such an item is sold.

(i) "Distributor" means a person who sells consumer products

to retail establishments on a wholesale basis.

(j) "Manufacturer" means any person who manufactures a final

consumer product or whose brand name is affixed to the consumer

product. In the case of a consumer product that is imported into

the United States, manufacturer includes the importer or domestic

distributor of the consumer product if the person who manufactured

or assembled the consumer product or whose brand name is affixed to

the consumer product does not have a presence in the United States.

(k) ~~(d)~~ "Person" means an individual, partnership,

corporation, association, governmental entity, or other legal

entity.

(l) ~~(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.

(m) ~~(f)~~ "Toy" means an article designed and made for the

amusement of a minor or for the minor's use in play.

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.

(b) House Bill No. 4765.

(d) House Bill No. 4767.