2015 -- H 5691

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LC001410

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - FORMALDEHYDE CONTROL

     Introduced By: Representatives Handy, Maldonado, Tanzi, Regunberg, and Edwards

     Date Introduced: February 26, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 94

FORMALDEHYDE CONTROL

     23-94-1. Definitions. -- As used in this chapter:

     (1) "Child" means a person under eighteen (18) 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 a product and excluding a food, beverage, dietary supplement,

pharmaceutical product or biologic, children's toys that are covered by the ASTM International F

963 standard for Toy Safety, or a medical device as defined in the federal Food, Drug, and

Cosmetic Act, 21 U.S.C. 321(h), as amended through February 15, 2013.

     (3) "Formaldehyde" means a colorless, toxic, potentially carcinogenic, water soluble gas,

CH2O, having a suffocating odor, usually derived from methy alcohol by oxidation used chiefly

in an aqueous solution, as a disinfectant and preservative, and in the manufacture of various

resins and plastics.

     23-94-2. Formaldehyde in children's products prohibited. -- (a) 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) Intentionally added chemical ingredients that chemically degrade under normal

conditions of temperature and pressure to release free formaldehyde at levels exceeding a de

minimus level of five one-hundredths of one percent (0.05%).

     (b) 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) Intentionally added chemical ingredients that chemically degrade under normal

conditions of temperature and pressure to release free formaldehyde at levels exceeding a de

minimus level of five one-hundredths of one percent (0.05%).

     23-94-3. Formaldehyde replacement prohibited. -- (a) A manufacturer shall not

replace a chemical whose use is prohibited by this chapter 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.

     23-94-4. Penalties and enforcement. -- (a) Anyone violating or failing to comply with

any of the requirements of this chapter shall be punished by a fine not to exceed five thousand

dollars ($5,000).

     (b) The director of health may seek legal, injunctive, or other equitable relief to enforce

this chapter.

     (c) The remedies and penalties provided in this section are cumulative and not exclusive.

     23-94-5. Severability. -- If any provision of this chapter or the application thereof to any

person or circumstances is held invalid, the invalidity does not affect other provisions or

application of this chapter which can be given effect without the invalid provision or application,

and to this end the provisions of this chapter are severable.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - FORMALDEHYDE CONTROL

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     This act would prohibit the use of formaldehyde or formaldehyde replacements in certain

children's products.

     This act would take effect upon passage.

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