August 22, 2019
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_h1285__
HB 1285

1
A bill to be entitled
2An act relating to cadmium in children's products;
3defining terms; prohibiting a person from using or
4applying cadmium in excess of a specified amount on any
5item of children's jewelry, toy, or child care article
6sold in this state; providing an exception; providing
7civil fines for the sale of an item of children's jewelry,
8toy, or child care article that contains cadmium;
9requiring that certain civil fines be waived under
10specified circumstances; providing that a knowing and
11intentional violation of the act is a felony of the third
12degree; providing criminal penalties; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Cadmium in children's products; limitations on
18use 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
21younger.
22     (b)  "Child care article" means a product designed or
23intended by the manufacturer to facilitate the sleep,
24relaxation, or feeding of a child or to help a child with
25sucking or teething.
26     (c)  "Children's jewelry" means jewelry that is made for,
27marketed for use by, or sold to a child.
28     (d)  "Consumer" means an individual; a child, by and
29through its parent or legal guardian; or a business, firm,
30association, joint venture, partnership, estate, trust, business
31trust, syndicate, fiduciary, corporation, any commercial entity,
32however denominated, or any other group or combination thereof.
33     (e)  "Person" has the same meaning as provided in s. 1.01,
34Florida Statutes.
35     (f)  "Toy" means an article designed and made for the
36amusement 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
3875 parts per million on any surface coating or substrate
39material on any item of children's jewelry, toy, or child care
40article, as determined through solubility testing for heavy
41metals defined in the American Society for Testing and Materials
42International Safety Specification on Toy Safety, ASTM standard
43F963, if the product is sold in this state.
44     (b)  This section does not apply to the sale of a
45collectible toy that is not marketed to or intended to be used
46for play by a minor younger than 14 years of age.
47     (3)  Except as otherwise provided in subsection (4), if a
48person 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,
51for the first violation.
52     (b)  Five hundred dollars per item, not to exceed $25,000,
53for a second violation.
54     (c)  One thousand dollars per item, not to exceed $50,000,
55for a third or subsequent violation.
56     (4)  A civil fine imposed under subsection (3) must be
57waived if the person acted in good faith to comply with this
58section, pursued compliance with due diligence, and promptly
59corrected any noncompliance after discovering the violation.
60     (5)  If a person who is not an individual consumer
61knowingly and intentionally violates subsection (2), that
62person:
63     (a)  Commits a felony of the third degree, punishable as
64provided in s. 775.082, s. 775.083, or s. 775.084, Florida
65Statutes; and
66     (b)  Is liable for a civil fine of not more than $3,000 per
67item, not to exceed $150,000 for the intentional violation.
68     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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