H. B. 4084
(By Delegates Brown, Staggers, Rowan,
M. Poling, Longstreth, Hrutkay, Schoen,
Miller, Spencer, Guthrie and Sumner)
[Introduced January 17, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §46A-6M-1,
§46A-6M-2, §46A-6M-3 and §46A-6M-4, all relating to protection
from toxins in toys.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §46A-6M-1, §46A-6M-2,
§46A-6M-3 and §46A-6M-4, all to read as follows:
ARTICLE 6M. PROTECTION OF CONSUMERS FROM TOXINS IN TOYS.
(a) The purpose of this article is to protect the public
from, but not limited to, phthalates, which are a class of
chemicals used in polyvinyl chloride (PVC) to improve flexibility
and in cosmetics to bind fragrance to the product. As phthalates
are used in many products intended for use by young children,
including, but not limited to, teethers, toys, soft plastic and books. It is the intent of the Legislature to ban these from
endangering the citizens of West Virginia.
(b) There is extensive scientific literature reporting the
hormone-disrupting effects of phthalates and substantial evidence
that levels of the phthalates of concern are found in humans at
levels associated with adverse effects. It is therefore in the
best interest of the citizens of West Virginia to ban these from
exposure, in particular, oral exposure which is a major route of
For purposes of this article, the following terms have the
(a) "Toy" means all products designed or intended by the
manufacture to be used by children when they play.
(b) "Child care product" means all products designed or
intended by the manufacturer to facilitate sleep, relaxation, or
the feeding of children, or to help children with sucking or
§46A-6M-3. Toxins prohibited.
(a) Commencing the first day of January, 2009, no person or
entity may manufacturer, sell, or distribute in commerce any toy
or child care article that contains di-(2-ethylhexyl) phthalate
(DEHP0, dibutylphthalate (DBT)), or benzyl butyl phthalate (BBP),
in concentrations exceeding 0.1 percent.
(b) Commencing the first day of January, 2009, no person or
entity may manufacture, sell or distribute in commerce any toy or
child care article intended for use by a child under three years
of age if that product can be placed in the child's mouth and
contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP),
or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1
§46A-6M-4. Replacement of prohibited toxins.
(a) Manufacturers shall use the least toxic alternative when
replacing phthalates in accordance with this article.
(b) Manufacturers may not replace phthalates, pursuant to
this article, with carcinogens rated by the United States
Environmental Protection Agency as A, B, or C, carcinogens, or
substances listed as known or likely carcinogens, known to be
human carcinogens or identified by the United States Environmental
(c) Manufacturers may not replace phthalates, pursuant to
this article, with reproductive toxicants, that cause birth
defects, reproductive harm, or developmental harm as identified by
the United States Environmental Protection Agency.
NOTE: The purpose of this bill is to protect the public from
toxins in toys.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.