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BILL AS INTRODUCED 2007-2008

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S.152

Introduced by   Senator Lyons of Chittenden District

Referred to Committee on

Date:

Subject:  Health; consumer products; lead poisoning; prohibition against lead

Statement of purpose:  This bill proposes to prohibit the sale of children’s products that contain lead and to limit the use of lead in other consumer products sold in Vermont.

AN ACT RELATING TO PREVENTION OF LEAD POISONING BY EXPOSURE TO LEAD IN CONSUMER PRODUCTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  FINDINGS

The general assembly finds that:

(1)  Lead is highly toxic to humans, particularly to young children.

(2)  Exposure to lead can cause irreversible damage that results in

long-lasting, permanent neurological damage, such as decreases in I.Q.

(3)  Lead exposure has also been shown to be associated with school failure, delinquency, and criminal behavior.

(4)  There is no safe level of lead for humans, and a child may be damaged by a very small exposure to lead.  The effects of lead exposure are cumulative, and exposure to a very small amount of lead dust over time can cause a serious increase in lead levels in blood.

(5)  There are multiple sources of lead exposure, including lead-based paint; soil; certain children’s products; water fixtures; and certain occupational environments.

(6)  There is no reason for children’s products made with lead to be sold or marketed in Vermont, or for not taking reasonable steps to reduce lead in all consumer products.

Sec. 2.  9 V.S.A. chapter 63, subchapter 1C is added to read:

Subchapter 1C.  Lead in Consumer Products

§ 2470e.  DEFINITIONS

As used in this subchapter:

(1)  “Children’s product” means any consumer product marketed for use by children under the age of six, or whose substantial use by children under six years of age is likely and foreseeable, including toys, furniture, jewelry, vitamins and other supplements, personal care products, clothing, food, and food containers and packaging. Jewelry priced at $20.00 or less shall be deemed a children’s product.

(2)  “Containing lead” means containing or having a surface coating containing .001 percent or more by weight of lead or a lead compound, unless the commissioner of health, in consultation with the attorney general by rule, reduces this percentage generally or with respect to specific products.

§ 2470f.  PROHIBITION OF LEAD IN CHILDREN’S PRODUCTS

Except to the extent specifically preempted by federal law, no person shall sell or offer to sell in or into Vermont any children’s product that contains any lead.

§ 2470g.  CONSUMER WARNINGS; NOTIFICATION; PHASE-OUTS

Except to the extent specifically preempted by federal law:

(1)   Wheel weights.  Beginning January 1, 2009, the state of Vermont shall ensure that no vehicles that are in the state fleet, whether purchased or leased, use wheel weights containing lead.  Beginning January 1, 2010, no person shall sell or offer for sale in or into the state of Vermont wheel weights containing lead, or place wheel weights containing lead on the wheel of any motorized vehicle in the state of Vermont.

(2)  Cosmetics, folk remedies, and personal care products.  Beginning January 1, 2008, and ending January 1, 2009, any person who sells or offers for sale in or into the state of Vermont cosmetics, folk remedies, or personal care products shall clearly and conspicuously post a warning at the point of sale, stating that these products may contain lead, as prescribed by the attorney general.  Beginning January 1, 2009, no person shall sell or offer for sale in or into the state of Vermont cosmetics, folk remedies, or personal care products containing lead.

(3)  Tattoos.  Beginning July 1, 2007, and ending December 31, 2007, any person who practices tattooing shall clearly and conspicuously post a warning at the point of sale, stating that tattoo inks, pigments, and dyes may contain lead, as prescribed by the attorney general.  Beginning January 1, 2008, no person shall practice tattooing using an ink, pigment, or dye containing lead.

(4)  Plumbing fixtures.  Beginning January 1, 2008, and ending January 1, 2010, any person who sells or offers for sale in or into the state of Vermont plumbing fixtures containing lead shall clearly and conspicuously post a warning at the point of sale, stating that these products contain lead, as prescribed by the attorney general, and shall also provide to each buyer prior to sale information on the risks of lead exposure, as prescribed by the attorney general.  Beginning January 1, 2010, no person shall sell or offer for sale in or into the state of Vermont plumbing fixtures containing lead. 

(5)  Nonresidential paints and primers.  Beginning January 1, 2008, and ending January 1, 2010, any person who sells or offers for sale in or into the state of Vermont nonresidential paints and primers containing lead shall clearly and conspicuously post a warning at the point of sale, stating that these products contain lead, as prescribed by the attorney general, and shall also provide to each buyer prior to sale information on the risks of lead exposure, as prescribed by the attorney general.  Beginning January 1, 2010, no person shall sell or offer for sale in or into the state of Vermont nonresidential paints or primers containing lead.  Beginning January 1, 2011, no person shall use nonresidential paints or primers containing lead in the state of Vermont.

(6)  Salvage building materials.  Beginning January 1, 2008, any person who sells or offers for sale in or into the state of Vermont salvage building materials made prior to 1978 shall clearly and conspicuously post a warning at the point of sale, stating that these products may contain lead, as prescribed by the attorney general, and shall also provide to each buyer prior to sale information on the risks of lead exposure, as prescribed by the attorney general. 

(7)  Motor vehicle batteries.  In the event that the attorney general determines that any combination of the northeastern states with an aggregate population of at least ten million people enact a restriction or prohibition on the sale or offer for sale of motor vehicle batteries containing lead, that restriction or prohibition shall become effective in Vermont 180 days following the effective date of the attorney general’s determination.  For purposes of this section, northeastern states include the six New England states, Pennsylvania, New York, and New Jersey. 

(8)  Other.  The attorney general, in consultation with the commissioner of health, may by rule require warnings, notifications, or phase-outs, or a combination of these relating to other products containing lead.

§ 2470h.  PROHIBITION ON REMOVAL OF LABELS

No person shall remove from a consumer product any warning label affixed to it that relates in whole or part to lead or lead hazards and which label is required by this state, the federal government, or any other state or country.

§2470i.  PROHIBITION ON PROVIDING SUBSTANTIAL ASSISTANCE;

No person shall provide substantial assistance to a person in violation of section 2470f, 2470g or 2470h of this section with knowledge or reason to know of the violation. 

§ 2470j.  VIOLATIONS

(a)  A violation of this subchapter is deemed to be a violation of section 2453 of this title.

(b)  The attorney general has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies, as provided under subchapter 1 of this chapter.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us