House Bill 8-A little wary of this one

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  • zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    Well, actually I'm a little wary of all of them. But this one concerns me as I can see it possibly being used as a stealth lead ammunition ban. It's the one to keep lead-tainted toys and food away from children (our brave legislature is taking on the powerful pro-lead-toys lobby:rolleyes:). The way this is written, I can see where someone could interpret it boradly enough to ban ALL lead products inside the state. Also note all three sponsors are strong anti-gunners if I'm not mistaken.

    What do you guys think? Part I'm afraid could be misconstrued is bolded in red.


    EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
    [Brackets] indicate matter deleted from existing law.
    *hb0008*
    HOUSE BILL 8
    J1 EMERGENCY BILL 8lr4552
    By: Delegates Hubbard, Oaks, and Rosenberg
    Introduced and read first time: October 29, 2007
    Assigned to: Rules and Executive Nominations
    A BILL ENTITLED
    AN ACT concerning
    Lead–Containing Products – Prohibition
    FOR the purpose of prohibiting the manufacture, sale, offer for sale, importation, or
    distribution of certain lead–containing children’s products or lead–adulterated
    consumable products; providing that certain provisions of this Act do not apply
    to certain electronic devices; authorizing an agent of the Department of Health
    and Mental Hygiene to enter certain factories, warehouses, and establishments
    to inspect certain products at any reasonable time; requiring an agent of the
    Department to present certain credentials to certain persons under certain
    circumstances; authorizing an agent of the Department to obtain a sample of
    any product, package, or labeling during an inspection; requiring an agent of
    the Department to take certain actions when obtaining a certain sample;
    requiring the Department to test a certain sample of a product under certain
    circumstances; requiring the Secretary of Health and Mental Hygiene to make
    certain declarations if a product is a lead–containing product or a
    lead–adulterated consumable product; requiring the Department to issue and
    give certain notices under certain circumstances; requiring a certain person to
    send certain information to the Department under certain circumstances;
    requiring a certain person to submit a certain report to the Department under
    certain circumstances; providing that certain provisions of this Act do not affect
    the enforcement of certain local laws; establishing certain penalties; defining
    certain terms; authorizing the Secretary of Health and Mental Hygiene to adopt
    certain regulations; making this Act an emergency measure; and generally
    relating to prohibiting lead–containing products.
    BY adding to
    Article – Health – General
    Section 22–601 through 22–609 to be under the new subtitle “Subtitle 6.
    Lead–Containing Products”
    Annotated Code of Maryland
    (2005 Replacement Volume and 2007 Supplement)

    2 HOUSE BILL 8
    SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
    MARYLAND, That the Laws of Maryland read as follows:
    Article – Health – General
    SUBTITLE 6. LEAD–CONTAINING PRODUCTS.
    22–601.
    (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
    INDICATED.
    (B) “CHILD” MEANS AN INDIVIDUAL WHO IS UNDER THE AGE OF 7
    YEARS.
    (C) “CHILDREN’S PRODUCT” MEANS:
    (1) A PRODUCT THAT IS MARKETED FOR USE BY A CHILD; OR
    (2) A PRODUCT THE USE OF WHICH BY A CHILD IS FORESEEABLE.
    (D) “CONSUMABLE PRODUCT” INCLUDES:
    (1) CANDY AND CONFECTIONARY ITEMS THAT ARE LIKELY TO BE
    CONSUMED BY A CHILD; AND
    (2) DIETARY SUPPLEMENTS.
    (E) “HOMEOPATHIC REMEDY” MEANS A SUBSTANCE OR COMPOUND
    USED BY AN INDIVIDUAL TO TREAT A DISEASE, AILMENT, OR CONDITION.
    (F) “LEAD–ADULTERATED CONSUMABLE PRODUCT” MEANS ANY
    CONSUMABLE PRODUCT OR ITEM OR CONSUMABLE HOMEOPATHIC REMEDY
    THAT CONTAINS LEAD IN AN AMOUNT:
    (1) IN EXCESS OF 0.1 PPM; OR
    (2) SET BY THE SECRETARY IN REGULATION.
    (G) “LEAD–CONTAINING PRODUCT” MEANS A PRODUCT IN WHICH ANY
    PART, COMPONENT, OR COATING OF THE PRODUCT CONTAINS LEAD OR LEAD
    COMPOUNDS:

    HOUSE BILL 8 3
    (1) GREATER THAN 0.02% BY WEIGHT OF THE TOTAL WEIGHT OF
    THE PART, COMPONENT, OR COATING; OR
    (2) IN AN AMOUNT SET BY THE SECRETARY IN REGULATION.
    (H) “PRODUCT” INCLUDES:
    (1) ACCESSORIES AND JEWELRY;
    (2) CLOTHING;
    (3) DECORATIVE OBJECTS;
    (4) FURNITURE;
    (5) HOMEOPATHIC REMEDIES;
    (6) TOYS; AND
    (7) WRAPPERS.
    (I) “WRAPPER” MEANS ANY PACKAGING MATERIAL THAT IS IN
    CONTACT WITH FOOD, INCLUDING:
    (1) PAPER;
    (2) CELLOPHANE;
    (3) A PLASTIC CONTAINER;
    (4) A STICK HANDLE;
    (5) A SPOON;
    (6) A POT;
    (7) A SQUEEZE TUBE; AND
    (8) ANY OTHER SIMILAR DEVICE.
    22–602.
    THIS SUBTITLE DOES NOT APPLY TO:

    4 HOUSE BILL 8
    (1) AN ELECTRONIC DEVICE THAT IS A LEAD–CONTAINING
    PRODUCT UNLESS THE SECRETARY DETERMINES THAT DURING THE NORMAL
    USE OF THE ELECTRONIC DEVICE THERE IS A SIGNIFICANT RISK THAT A CHILD
    COULD BE EXPOSED TO THE LEAD CONTAINED IN THE ELECTRONIC DEVICE;
    AND
    (2) ANY FACTORY, WAREHOUSE, OR ESTABLISHMENT AT A
    MARINE TERMINAL.
    22–603.
    A PERSON MAY NOT MANUFACTURE, SELL, OFFER FOR SALE, IMPORT, OR
    DISTRIBUTE:
    (1) A CHILDREN’S PRODUCT THAT IS A LEAD–CONTAINING
    PRODUCT; OR
    (2) A LEAD–ADULTERATED CONSUMABLE PRODUCT.
    22–604.
    (A) AT ANY REASONABLE TIME, AN AGENT OF THE DEPARTMENT MAY
    ENTER A FACTORY, WAREHOUSE, OR ESTABLISHMENT IN WHICH A PRODUCT IS
    MANUFACTURED, PROCESSED, PACKAGED, STORED, SOLD, OR OFFERED FOR
    SALE TO INSPECT ANY FINISHED OR UNFINISHED PRODUCT.
    (B) WHEN CONDUCTING AN INSPECTION UNDER THIS SECTION, AN
    AGENT OF THE DEPARTMENT IMMEDIATELY SHALL PRESENT APPROPRIATE
    CREDENTIALS TO THE OWNER, OPERATOR, OR AGENT IN CHARGE OF THE
    FACTORY, WAREHOUSE, OR ESTABLISHMENT.
    (C) (1) DURING AN INSPECTION CONDUCTED UNDER THIS SECTION,
    AN AGENT OF THE DEPARTMENT MAY OBTAIN A SAMPLE OF ANY PRODUCT,
    PACKAGE, OR LABELING.
    (2) AN AGENT OF THE DEPARTMENT WHO OBTAINS A SAMPLE
    SHALL:
    (I) PAY OR OFFER TO PAY FOR THE SAMPLE; AND
    (II) GIVE TO THE OWNER, OPERATOR, OR AGENT IN CHARGE
    OF THE FACTORY, WAREHOUSE, OR ESTABLISHMENT A RECEIPT THAT
    DESCRIBES THE SAMPLE.

    HOUSE BILL 8 5
    (D) THE DEPARTMENT SHALL TEST A SAMPLE OF A PRODUCT
    OBTAINED BY AN AGENT TO DETERMINE WHETHER THE PRODUCT IS A
    LEAD–CONTAINING PRODUCT OR A LEAD–ADULTERATED CONSUMABLE
    PRODUCT.
    (E) IF THE PRODUCT IS A LEAD–CONTAINING PRODUCT OR A
    LEAD–ADULTERATED CONSUMABLE PRODUCT, THE SECRETARY SHALL:
    (1) DECLARE THE PRODUCT HAZARDOUS AND REQUIRE THE
    REMOVAL OF THE PRODUCT FROM THE STREAM OF COMMERCE; AND
    (2) DECLARE ALL PRODUCTS OF THE SAME STYLE PRODUCED BY
    THE SAME MANUFACTURER TO BE HAZARDOUS AND REQUIRE THE REMOVAL OF
    THE PRODUCT FROM THE STREAM OF COMMERCE.
    22–605.
    (A) IF THE DEPARTMENT DETERMINES THAT A PERSON HAS VIOLATED
    § 22–603 OF THIS SUBTITLE, THE DEPARTMENT SHALL:
    (1) ISSUE A HEALTH ADVISORY NOTICE TO LOCAL HEALTH
    OFFICERS; AND
    (2) GIVE WRITTEN NOTICE TO THE PERSON DETERMINED TO
    HAVE VIOLATED § 22–603 OF THIS SUBTITLE THAT IDENTIFIES THE CHILDREN’S
    PRODUCT THAT IS A LEAD–CONTAINING PRODUCT OR THE LEAD–ADULTERATED
    CONSUMABLE PRODUCT AND THE ASSOCIATED HEALTH HAZARD.
    (B) WITHIN 15 DAYS AFTER RECEIVING THE WRITTEN NOTICE
    REQUIRED UNDER SUBSECTION (A)(2) OF THIS SECTION, THE PERSON SHALL
    SEND TO THE DEPARTMENT THE FOLLOWING INFORMATION:
    (1) A LIST OF ALL PRODUCTS OF THE SAME STYLE PRODUCED BY
    THE SAME MANUFACTURER AS THE SAMPLE OBTAINED BY THE AGENT OF THE
    DEPARTMENT UNDER § 22–604 OF THIS SUBTITLE;
    (2) THE NAME OF THE MANUFACTURER OR SELLER FROM WHOM
    THE PERSON OBTAINED THE CHILDREN’S PRODUCT THAT IS A
    LEAD–CONTAINING PRODUCT OR THE LEAD–ADULTERATED CONSUMABLE
    PRODUCT; AND
    (3) THE NAME OF EACH PERSON TO WHOM THE PERSON
    TRANSFERRED THE CHILDREN’S PRODUCT THAT IS A LEAD–CONTAINING

    6 HOUSE BILL 8
    PRODUCT OR THE LEAD–ADULTERATED CONSUMABLE PRODUCT OF THE SAME
    STYLE PRODUCED BY THE SAME MANUFACTURER.
    22–606.
    WITHIN 24 HOURS AFTER A PERSON DETERMINES THAT THE PERSON HAS
    MANUFACTURED, SOLD, OFFERED FOR SALE, IMPORTED, OR DISTRIBUTED A
    PRODUCT IN VIOLATION OF § 22–603 OF THIS SUBTITLE, THE PERSON SHALL
    SUBMIT A REPORT TO THE DEPARTMENT IN A FORM REQUIRED BY THE
    DEPARTMENT.
    22–607.
    (A) (1) A PERSON WHO VIOLATES THIS SUBTITLE IS SUBJECT TO A
    CIVIL PENALTY NOT EXCEEDING $1,000 PER DAY FOR EACH VIOLATION.
    (2) THE CIVIL PENALTY UNDER PARAGRAPH (1) OF THIS
    SUBSECTION MAY BE ASSESSED AND RECOVERED IN ANY COURT OF COMPETENT
    JURISDICTION.
    (B) A PERSON WHO WILLFULLY VIOLATES ANY PROVISION OF THIS
    SUBTITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A
    FINE NOT EXCEEDING $1,000 FOR EACH VIOLATION OR IMPRISONMENT NOT
    EXCEEDING 1 YEAR OR BOTH.
    22–608.
    (A) THE SECRETARY MAY ADOPT REGULATIONS THAT SET THE AMOUNT
    OF LEAD THAT MAY BE CONTAINED IN A LEAD–CONTAINING PRODUCT AND A
    LEAD–ADULTERATED CONSUMABLE PRODUCT.
    (B) ANY REGULATION ADOPTED UNDER SUBSECTION (A) OF THIS
    SECTION SHALL BE CONSISTENT WITH APPLICABLE GUIDELINES PUBLISHED BY
    THE FEDERAL FOOD AND DRUG ADMINISTRATION.
    22–609.
    THE PROVISIONS OF THIS SUBTITLE DO NOT AFFECT THE AUTHORITY OF
    A LOCAL AGENCY TO ENFORCE A LOCAL LAW GOVERNING THE AMOUNT OF LEAD
    CONTAINED IN A PRODUCT IF THE LOCAL LAW IS AT LEAST AS RESTRICTIVE AS
    THE PROVISIONS OF THIS SUBTITLE.

    HOUSE BILL 8 7
    SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
    measure, is necessary for the immediate preservation of the public health or safety,
    has been passed by a yea and nay vote supported by three–fifths of all the members
    elected to each of the two Houses of the General Assembly, and shall take effect from
    the date it is enacted.
     

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    ThatIsAFact

    Active Member
    Mar 5, 2007
    339
    Not to worry. The operative heart of the bill is 22–603: "A PERSON MAY NOT MANUFACTURE, SELL, OFFER FOR SALE, IMPORT, OR DISTRIBUTE: (1) A CHILDREN’S PRODUCT THAT IS A LEAD–CONTAINING PRODUCT; OR (2) A LEAD–ADULTERATED CONSUMABLE PRODUCT." Those two terms are defined in ways that could not cover ammunition. The rest of it is about enforcing the same two prohibitions.
     

    Jim Sr

    R.I.P.
    Jun 18, 2005
    6,898
    Annapolis MD
    Well, actually I'm a little wary of all of them. But this one concerns me as I can see it possibly being used as a stealth lead ammunition ban. It's the one to keep lead-tainted toys and food away from children (our brave legislature is taking on the powerful pro-lead-toys lobby:rolleyes:). The way this is written, I can see where someone could interpret it boradly enough to ban ALL lead products inside the state. Also note all three sponsors are strong anti-gunners if I'm not mistaken.

    What do you guys think? Part I'm afraid could be misconstrued is bolded in red.
    A RED flag indeed! :)

    I DO see where someone WILL interpret it boradly enough to ban ALL lead products inside the state. :tdown:
     

    t3tech

    Active Member
    Oct 15, 2007
    500
    Elkton
    (H) “PRODUCT” INCLUDES:
    (1) ACCESSORIES AND JEWELRY;
    (2) CLOTHING;
    (3) DECORATIVE OBJECTS;
    (4) FURNITURE;
    (5) HOMEOPATHIC REMEDIES;
    (6) TOYS; AND
    (7) WRAPPERS.

    The word "includes" is a limiting term. In legal language, it typically means only these particular items are meant by the word. That is unless some other terminology such as "but not limited to" is used or the section of the statute specifically defines the term "inlcudes" to not mean it's typical meaning.
    Of course this is the ever-popular way to make laws pertain to things they shouldn't or rightfully can't - by taking a common term that has a known general meaning in common usage or even legal usage and defining it as something else in the law for one reason or the other. For example, it has been argued that this is part of how the "right to travel" was turned into a "privilege to drive".

    So the question becomes - what is the definition of "toys" or "accessories"?

    I am not a lawyer.
     

    smores

    Creepy-Ass Cracker
    Feb 27, 2007
    13,493
    Falls Church
    I also see no danger. They define "product" pretty clearly. Last time I checked, bullets weren't toys, clothing, wrappers, or jewelry. Unless you count bullet keychains... it's not too hard to make those though.
     

    Numidian

    Banned
    BANNED!!!
    Jul 25, 2007
    5,337
    Shrewsbury, PA
    Hey hey hey...maybe this could be to our advantage...they list bullets as toys...thereby our firearms are toys... Thereby as long as we shoot non-lead ammunition our gun is only considered a toy.... ;);)
     

    Jim Sr

    R.I.P.
    Jun 18, 2005
    6,898
    Annapolis MD
    Politicians-Voters.jpg
     

    ThatIsAFact

    Active Member
    Mar 5, 2007
    339
    the definitions are the key

    The word "includes" is a limiting term. In legal language, it typically means only these particular items are meant by the word. . .I am not a lawyer.

    I am not a lawyer, either, but I think you are mistaken on this point. I think the word "includes" in statututory language defining scope is generally read as illustrative, not exclusionary. For example, a bill that bans carrying a "concealed deadly weapon," and that specifies that this "includes brass knuckles and star knives," certainly covers a much larger class of weapons than those two examples.

    It is not the word "includes" that prevents this bill from reaching ammo. It is the definitions of the only two types of products that are covered by the bill:

    "(C) “CHILDREN’S PRODUCT” MEANS:
    (1) A PRODUCT THAT IS MARKETED FOR USE BY A CHILD [explicitly defined as a person under 7]; OR
    (2) A PRODUCT THE USE OF WHICH BY A CHILD IS FORESEEABLE.
    (D) “CONSUMABLE PRODUCT” INCLUDES:
    (1) CANDY AND CONFECTIONARY ITEMS THAT ARE LIKELY TO BE
    CONSUMED BY A CHILD; AND
    (2) DIETARY SUPPLEMENTS."

    Whether or not a product is on the list of examples, it is not covered if it does not fit within one of the two key definitions.
     

    Lambo

    R.I.P.
    Dec 6, 2005
    4,523
    Bel Air, Maryland
    Don't turn your Back, I'm sure the idea is there!
    I believe it was over at THR recently I read the Eco-nuts have been able to shut down several Ranges in California.
     

    ThatIsAFact

    Active Member
    Mar 5, 2007
    339
    Don't turn your Back, I'm sure the idea is there! I believe it was over at THR recently I read the Eco-nuts have been able to shut down several Ranges in California.

    I think some ranges have been closed in Maryland, too, but on air-quality or noise issues. Not by defining ammo as food.
     

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