South Carolina General Assembly
121st Session, 2015-2016

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H. 3461

STATUS INFORMATION

General Bill
Sponsors: Reps. Mitchell, King, Cobb-Hunter and Dillard
Document Path: l:\council\bills\dka\3054sa15.docx

Introduced in the House on January 29, 2015
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Children's products

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/29/2015  House   Introduced and read first time (House Journal-page 7)
   1/29/2015  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 7)

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/29/2015

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-100 SO AS TO PROHIBIT THE SALE OF A CHILDREN'S PRODUCT CONTAINING FORMALDEHYDE OR THAT RELEASES FORMALDEHYDE, AND TO PROVIDE THAT MANUFACTURERS MAY NOT REPLACE FORMALDEHYDE WITH OTHER HARMFUL CHEMICALS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 39 of the 1976 Code is amended by adding:

"Section 39-1-100.    (A)    For purposes of this section:

(1)    'Child' means a person under eighteen years of age.

(2)    'Children's product' means a product primarily designed or intended by a manufacturer to be physically applied to or introduced into a child's body, including any article used as a component of such product. However, the term does not include a food, beverage, dietary supplement, pharmaceutical product, or biologic, children's toys that are covered by the American Society of Testing and Materials (ASTM) International F963 standard for Toy Safety, or a medical device as defined in the Food, Drug, and Cosmetic Act, 21 U.S.C. Section 321(h), as amended through February 15, 2013.

(B)    Beginning January 1, 2016, no manufacturer or wholesaler may sell or offer for sale in this State a children's product that intentionally contains:

(1)    formaldehyde, including formaldehyde contained in a solution; or

(2)    ingredients that chemically degrade under normal conditions of temperature and pressure to release formaldehyde.

(C)    Beginning January 1, 2017, no retailer may sell or offer for sale in this State a children's product that intentionally contains:

(1)    formaldehyde, including formaldehyde contained in a solution; or

(2)    ingredients that chemically degrade under normal conditions of temperature and pressure to release formaldehyde.

(D)    A manufacturer shall not replace a chemical whose use is prohibited by this section with a chemical known to the manufacturer to have been identified on the basis of credible scientific evidence by a state, federal, or international agency as being known or suspected with a high degree of probability to:

(1)    harm the normal development of a fetus or child or cause other developmental toxicity;

(2)    cause cancer, genetic damage, or reproductive harm;

(3)    disrupt the endocrine or hormone system; or

(4)    damage the nervous system, immune system, or organs, or cause other systemic toxicity."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on April 15, 2016 at 2:01 PM