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). 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.
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.
Attachments
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