House Bill 540

AN ACT TO BAN PHTHALATES AND CERTAIN OTHER INGREDIENTS FROM CHILDREN'S PRODUCTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Beginning July 1, 2010, no manufacturer, wholesaler or retailer may manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in this state a children's product or product component containing the following:

(a) Except as provided in subsection (2) of this section, lead at more than .009 percent by weight (ninety (90) parts per million);

(b) Cadmium at more than .004 percent by weight (forty (40) parts per million); or

(c) Phthalates, individually or in combination, at more than 0.10 percent by weight (one thousand (1,000) parts per million).

(2) If determined feasible for manufacturers to achieve and necessary to protect children's health, the Department of Environmental Quality, in consultation with the Department of Health, may by rule require that no manufacturer, wholesaler or retailer may manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in this state a children's product or product component containing lead at more than .004 percent by weight (forty (40) parts per million).

(3) For the purposes of this section:

(a) "Children's product" includes any of the following:

(i) Toys;

(ii) Children's cosmetics;

(iii) Children's jewelry;

(iv) A product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, or to be worn as clothing by children; or

(v) Child car seats.

(b) "Children's product" does not include the following:

(i) Batteries;

(ii) Slings and catapults;

(iii) Sets of darts with metallic points;

(iv) Toy steam engines;

(v) Bicycles and tricycles;

(vi) Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding twenty-four (24) volts;

(vii) Chemistry sets;

(viii) Consumer electronic products including, but not limited to, personal computers, audio and video equipment, calculators, wireless phones, game consoles and handheld devices incorporating a video screen used to access interactive software and their associated peripherals;

(ix) Interactive software, intended for leisure and entertainment, such as computer games and their storage media such as compact disks;

(x) BB guns, pellet guns and air rifles;

(xi) Snow sporting equipment, including skis, poles, boots, snowboards, sleds and bindings;

(xii) Sporting equipment including, but not limited to, bats, balls, gloves, sticks, pucks and pads;

(xiii) Roller skates;

(xiv) Scooters;

(xv) Model rockets;

(xvi) Athletic shoes with cleats or spikes; and

(xvii) Pocket knives and multitools.

(c) "Children's cosmetics" means cosmetics that are made for, marketed for use by or marketed to children under the age of twelve (12). "Children's cosmetics" includes cosmetics that meet any of the following conditions:

(i) Represented in its packaging, display or advertising as appropriate for use by children;

(ii) Sold in conjunction with, attached to or packaged together with other products that are packaged, displayed or advertised as appropriate for use by children; or

(iii) Sold in any of the following:

1. Retail store, catalogue or online Web site, in which a person exclusively offers for sale products that are packaged, displayed or advertised as appropriate for use by children; or

2. A discrete portion of a retail store, catalogue or online Web site, in which a person offers for sale products that are packaged, displayed or advertised as appropriate for use by children.

(d) "Children's jewelry" means jewelry that is made for, marketed for use by or marketed to children under the age of twelve (12). "Children's jewelry" includes jewelry that meets any of the following conditions:

(i) Represented in its packaging, display, or advertising as appropriate for use by children under the age of twelve (12);

(ii) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed or advertised as appropriate for use by children;

(iii) Sized for children and not intended for use by adults; or

(iv) Sold in any of the following:

1. A vending machine;

2. Retail store, catalogue or online Web site in which a person exclusively offers for sale products that are packaged, displayed or advertised as appropriate for use by children; or

3. A discrete portion of a retail store, catalogue, or online Web site in which a person offers for sale products that are packaged, displayed or advertised as appropriate for use by children.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.