| 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 |
| 7 | civil fines for the sale of an item of children's jewelry, |
| 8 | toy, or child care article that contains cadmium; |
| 9 | requiring that certain civil fines be waived under |
| 10 | specified circumstances; providing that a knowing and |
| 11 | intentional violation of the act is a felony of the third |
| 12 | degree; providing criminal penalties; providing an |
| 13 | effective date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
|
| 17 | Section 1. Cadmium in children's products; limitations on |
| 18 | use of cadmium; exceptions; civil fines; criminal penalties.- |
| 19 | (1) As used in this section, the term: |
| 20 | (a) "Child" means an individual who is 7 years of age or |
| 21 | younger. |
| 22 | (b) "Child care article" means a product designed or |
| 23 | intended by the manufacturer to facilitate the sleep, |
| 24 | relaxation, or feeding of a child or to help a child with |
| 25 | sucking or teething. |
| 26 | (c) "Children's jewelry" means jewelry that is made for, |
| 27 | marketed for use by, or sold to a child. |
| 28 | (d) "Consumer" means an individual; a child, by and |
| 29 | through its parent or legal guardian; or a business, firm, |
| 30 | association, joint venture, partnership, estate, trust, business |
| 31 | trust, syndicate, fiduciary, corporation, any commercial entity, |
| 32 | however denominated, or any other group or combination thereof. |
| 33 | (e) "Person" has the same meaning as provided in s. 1.01, |
| 34 | Florida Statutes. |
| 35 | (f) "Toy" means an article designed and made for the |
| 36 | amusement of a child and for the child's use during play. |
| 37 | (2)(a) A person may not use or apply cadmium in excess of |
| 38 | 75 parts per million on any surface coating or substrate |
| 39 | material on any item of children's jewelry, toy, or child care |
| 40 | article, as determined through solubility testing for heavy |
| 41 | metals defined in the American Society for Testing and Materials |
| 42 | International Safety Specification on Toy Safety, ASTM standard |
| 43 | F963, if the product is sold in this state. |
| 44 | (b) This section does not apply to the sale of a |
| 45 | collectible toy that is not marketed to or intended to be used |
| 46 | for play by a minor younger than 14 years of age. |
| 47 | (3) Except as otherwise provided in subsection (4), if a |
| 48 | person who is not an individual consumer violates subsection |
| 49 | (2), that person is liable for a civil fine of not more than: |
| 50 | (a) One hundred dollars per item, not to exceed $5,000, |
| 51 | for the first violation. |
| 52 | (b) Five hundred dollars per item, not to exceed $25,000, |
| 53 | for a second violation. |
| 54 | (c) One thousand dollars per item, not to exceed $50,000, |
| 55 | for a third or subsequent violation. |
| 56 | (4) A civil fine imposed under subsection (3) must be |
| 57 | waived if the person acted in good faith to comply with this |
| 58 | section, pursued compliance with due diligence, and promptly |
| 59 | corrected any noncompliance after discovering the violation. |
| 60 | (5) If a person who is not an individual consumer |
| 61 | knowingly and intentionally violates subsection (2), that |
| 62 | person: |
| 63 | (a) Commits a felony of the third degree, punishable as |
| 64 | provided in s. 775.082, s. 775.083, or s. 775.084, Florida |
| 65 | Statutes; and |
| 66 | (b) Is liable for a civil fine of not more than $3,000 per |
| 67 | item, not to exceed $150,000 for the intentional violation. |
| 68 | Section 2. This act shall take effect July 1, 2010. |