| 1 | A bill to be entitled |
| 2 | An act relating to cadmium in children's products; |
| 3 | defining terms; prohibiting a person from using or |
| 4 | applying cadmium in excess of a specified amount on any |
| 5 | item of children's jewelry, toy, or child care article |
| 6 | sold in this state; providing an exception; providing for |
| 7 | a criminal penalty; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Cadmium in children's products; limitations on |
| 12 | use of cadmium; exceptions; criminal penalties.- |
| 13 | (1) As used in this section, the term: |
| 14 | (a) "Child" means an individual who is 7 years of age or |
| 15 | younger, unless otherwise specified. |
| 16 | (b) "Child care article" means a product designed or |
| 17 | intended by the manufacturer to facilitate the sleep, |
| 18 | relaxation, or feeding of a child or to help a child with |
| 19 | sucking or teething. |
| 20 | (c) "Children's jewelry" means jewelry that is made for, |
| 21 | marketed for use by, or sold to a child. |
| 22 | (d) "Consumer" means an actual or prospective purchaser, |
| 23 | lessee, or recipient of consumer goods or services. |
| 24 | (e) "Person" has the same meaning as provided in s. 1.01, |
| 25 | Florida Statutes. |
| 26 | (f) "Toy" means an article designed and made for the |
| 27 | amusement of a child and for the child's use during play. |
| 28 | (2) A person may not use or apply cadmium in excess of 75 |
| 29 | parts per million on any surface coating or substrate material |
| 30 | on any item of children's jewelry, toy, or child care article, |
| 31 | as determined through solubility testing for heavy metals |
| 32 | defined in the ASTM International Safety Specification on Toy |
| 33 | Safety, ASTM standard F-963, if the product is sold in this |
| 34 | state. This section does not apply to the sale of a collectible |
| 35 | toy that is not marketed to or intended to be used for play by a |
| 36 | child younger than 14 years of age. |
| 37 | (3) If a person, who is not an individual consumer, |
| 38 | knowingly and intentionally violates subsection (2), that person |
| 39 | commits a felony of the third degree, punishable as provided in |
| 40 | s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. |
| 41 | Section 2. This act shall take effect July 1, 2010. |