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       Florida Senate - 2010                                    SB 2120
       By Senator Justice
       16-01422A-10                                          20102120__
    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
    5         any item of children’s jewelry, toy, or child care
    6         article sold in this state; providing an exception;
    7         providing civil fines for the sale of an item of
    8         children’s jewelry, toy, or child care article that
    9         contains cadmium; requiring that certain civil fines
   10         be waived under specified circumstances; providing
   11         that a knowing and intentional violation of the act is
   12         a felony of the third degree; providing criminal
   13         penalties; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   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 through
   29  its parent or legal guardian; or a business, firm, association,
   30  joint venture, partnership, estate, trust, business trust,
   31  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 ASTM International Safety Specification on
   42  Toy Safety, ASTM standard F-963, if the product is sold in this
   43  state. This section does not apply to the sale of a collectible
   44  toy that is not marketed to or intended to be used for play by a
   45  child younger than 14 years of age.
   46         (3)Except as otherwise provided in subsection (4), if a
   47  person who is not an individual consumer violates subsection
   48  (2), that person is liable for a civil fine of not more than:
   49         (a)One hundred dollars per item, not to exceed $5,000, for
   50  the first violation.
   51         (b)Five hundred dollars per item, not to exceed $25,000,
   52  for a second violation.
   53         (c)One thousand dollars per item, not to exceed $50,000,
   54  for a third or subsequent violation.
   55         (4)A civil fine imposed under subsection (3) must be
   56  waived if the person acted in good faith to comply with this
   57  section, pursued compliance with due diligence, and promptly
   58  corrected any noncompliance after discovering the violation.
   59         (5)If a person who is not an individual consumer knowingly
   60  and intentionally violates subsection (2), that person:
   61         (a)Commits a felony of the third degree, punishable as
   62  provided in s. 775.082, s. 775.083, or s. 775.084, Florida
   63  Statutes; and
   64         (b)Is liable for a civil fine of not more than $3,000 per
   65  item, not to exceed $150,000 for the intentional violation.
   66         Section 2. This act shall take effect July 1, 2010.

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