SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 4084 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
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.

§46A-6M-1. PURPOSE.
(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 contamination.
§46A-6M-2. Definitions.
For purposes of this article, the following terms have the following meanings:
(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 teething.
§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 percent.
§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 Protection Agency.
(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.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print