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, 2011. |