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H. 5101
STATUS INFORMATION
General Bill
Sponsors: Rep. Mitchell
Document Path: l:\council\bills\bh\26136dg14.docx
Introduced in the House on April 10, 2014
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Formaldehyde
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/10/2014 House Introduced and read first time 4/10/2014 House Referred to Committee on Labor, Commerce and Industry
View the latest legislative information at the website
VERSIONS OF THIS 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, 2015, 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, 2016, 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.
This web page was last updated on April 14, 2014 at 10:47 AM