November 15, 2019
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CS/HB 1285

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 for
7a criminal penalty; providing an effective date.
9Be It Enacted by the Legislature of the State of Florida:
11     Section 1.  Cadmium in children's products; limitations on
12use of cadmium; exceptions; criminal penalties.-
13     (1)  As used in this section, the term:
14     (a)  "Child" means an individual who is 7 years of age or
15younger, unless otherwise specified.
16     (b)  "Child care article" means a product designed or
17intended by the manufacturer to facilitate the sleep,
18relaxation, or feeding of a child or to help a child with
19sucking or teething.
20     (c)  "Children's jewelry" means jewelry that is made for,
21marketed for use by, or sold to a child.
22     (d)  "Consumer" means an actual or prospective purchaser,
23lessee, or recipient of consumer goods or services.
24     (e)  "Person" has the same meaning as provided in s. 1.01,
25Florida Statutes.
26     (f)  "Toy" means an article designed and made for the
27amusement of a child and for the child's use during play.
28     (2)  A person may not use or apply cadmium in excess of 75
29parts per million on any surface coating or substrate material
30on any item of children's jewelry, toy, or child care article,
31as determined through solubility testing for heavy metals
32defined in the ASTM International Safety Specification on Toy
33Safety, ASTM standard F-963, if the product is sold in this
34state. This section does not apply to the sale of a collectible
35toy that is not marketed to or intended to be used for play by a
36child younger than 14 years of age.
37     (3)  If a person, who is not an individual consumer,
38knowingly and intentionally violates subsection (2), that person
39commits a felony of the third degree, punishable as provided in
40s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
41     Section 2.  This act shall take effect July 1, 2010.

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