April 2, 2009, Introduced by Reps. Geiss, Nerat, Haase, Slavens, Warren, Scripps, Segal, Liss, Kennedy, Valentine, Leland, Byrnes, Meadows and McDowell and referred to the Committee on Great Lakes and Environment.
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) "Bioaccumulative" means a bioaccumulation factor greater
than 1,000, as defined in the Great Lakes binational toxics
strategy as developed by the United States environmental protection
agency.
(b) "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.
(c) "Chemical of concern" means a chemical identified by the
department on the basis of credible scientific evidence as being
known to have any of the following characteristics:
(i) Harms the normal development of a fetus or child or causes
other developmental toxicity.
(ii) Causes cancer, genetic damage, or reproductive harm.
(iii) Disrupts the endocrine or hormone system.
(iv) Damages the nervous system, immune system, or organs or
causes other systemic toxicity.
(v) Is persistent, bioaccumulative, and toxic.
(vi) Is very persistent and very bioaccumulative.
(vii) Has biological or chemical properties similar to
chemicals that meet any of the criteria in subparagraphs (i) to (vi).
(viii) There are insufficient credible scientific data to assess
whether the chemical may meet the criteria in subparagraphs (i) to
(vi), but preliminary studies suggest the chemical may meet 1 or
more of the criteria in subparagraphs (i) to (vi).
(d) "Chemical of highest concern" means a chemical of concern
that is any of the following:
(i) Used in children's products.
(ii) Present in children, human breast milk, or cord blood to
an extent determined by the department to be significant.
(iii) Present in household dust, indoor air, drinking water, or
elsewhere in the home environment to an extent determined by the
department to be significant.
(iv) Of specific relevance to the health of Michigan children
as determined by the department.
(e) (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.
(f) (b)
"Children" means
individuals who are 7 12 years old or
younger.
(g) "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, and 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.
(h) (c)
"Consumer" means that
term as used in the consumer
product
safety act, 15 USC 2051 to 2085 2089.
(i) "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.
(j) "Distributor" means a person who sells consumer products
to retail establishments on a wholesale basis.
(k) "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.
(l) "Persistent" means a half-life in water, sediment, or biota
of greater than 7 days, as defined in the Great Lakes binational
toxics strategy as developed by the United States environmental
protection agency.
(m)
(d) "Person" means an individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(n) "Safer alternative" means an alternative that, when
compared to a chemical of concern that it could replace, would
reduce the potential for harm to human health or the environment or
that has not been shown to pose the same or greater potential for
harm to human health or the environment as that chemical of
concern.
(o) (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.
(p) (f)
"Toy" means an article
designed and made for the
amusement of a minor or for the minor's use in play.
(q) "Very persistent" means a half-life in water, sediment, or
biota of greater than 56 days.
(r) "Very bioaccumulative" means a bioaccumulation factor
greater than 5,000.
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) Senate Bill No.____ or House Bill No.____ (request no.
02617'09).
(b) Senate Bill No.____ or House Bill No.____ (request no.
02689'09).
(c) Senate Bill No.____ or House Bill No.____ (request no.
02690'09).
(d) Senate Bill No.____ or House Bill No.____ (request no.
02691'09).
(e) Senate Bill No.____ or House Bill No.____ (request no.
02692'09).
(f) Senate Bill No.____ or House Bill No.____ (request no.
02693'09).