HB-4132, As Passed Senate, December 13, 2007

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4132

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding part 54B.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 54B. LEAD-BEARING SUBSTANCES

     Sec. 5481. As used in this part:

     (a) "Children" means individuals who are 7 years old or

younger.

     (b) "Consumer" means that term as used in the consumer product

safety act, 15 USC 2051 to 2085.

     (c) "Children's jewelry" means jewelry that is made for,

marketed for use by, or marketed to children, including, but not

limited to, the following:

     (i) Jewelry represented in its packaging, display, or

advertising as appropriate for use by children.

     (ii) Jewelry 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) Jewelry sized for children and not intended for use by

adults.

     (iv) Jewelry sold in a vending machine.

     (v) Jewelry sold in a retail store, catalog, or online website

in which a person exclusively offers for sale products that are

packaged, displayed, or advertised as appropriate for use by

children.

     (vi) Jewelry sold in a discrete portion of a retail store,

catalog, or online website in which a person offers for sale

products that are packaged, displayed, or advertised as appropriate

for use by children.

     (d) "Lead-bearing substance" means an item or substance that

contains lead, or a coating on an item that contains lead, so that

the lead content is more than 0.06% of the total weight. Lead-

bearing substance does not include glass or crystal decorative

components.

(e) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

     Sec. 5482. A person shall not use or apply a lead-bearing

substance in or on any children's jewelry in this state.

     Sec. 5483. A person shall not sell, offer for sale, or

transfer to any person any children's jewelry in this state that

contains a lead-bearing substance.

     Sec. 5484. The department shall post on its website

information about the hazards of lead-bearing substances and any

programs it offers designed to educate individuals about those

hazards.

     Sec. 5486. (1) Except as otherwise provided in subsection (2),

a person who violates this part is subject to the following:

     (a) If the person is not an individual consumer and the

violation is the person's first offense under this part, a civil

fine of not more than $100.00 per item, not to exceed $5,000.00

total.

     (b) If the person is not an individual consumer and the

violation is the person's second offense under this part, a civil

fine of not more than $500.00 per item, not to exceed $25,000.00

total.

     (c) If the person is not an individual consumer and the

violation is the person's third or subsequent offense under this

part, a civil fine of not more than $1,000.00 per item, not to

exceed $50,000.00 total.

     (d) If a person knowingly violates this part and the person is

not an individual consumer, a civil fine equal to 3 times the

amounts in subdivision (c).

     (2) A civil fine imposed under this section shall be waived if

it is determined that a person acted in good faith to be in

compliance with this part, pursued compliance with due diligence,

and promptly corrected any noncompliance after discovery of the

violation.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) Senate Bill No. 174.

     (b) House Bill No. 4399.

(c) House Bill No. 4936.