Bill Summaries: H765 TOXIC-FREE KIDS ACT.

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  • Summary date: Apr 15 2019 - View Summary

    Enacts new Article 24, North Carolina Toxic-Free Kids Act, in GS Chapter 130A as the title indicates. 

    Defines children's product to mean a consumer product intended for use by children such as clothing, toys, personal care products, baby products, or car seats. The term also applies to food containers for foods intended for consumption by children under the age of three, such as baby food and infant formula. Defines a chemical of high concern as a chemical regulated by new Article 24 and provides definitions for the following chemicals defined as chemicals of high concern under this Article: (1) bisphenol A, (2) phthalates, and (3) TRIS. Defines a child as a person under the age of twelve years. Provides definitions for additional terms as used in new Article 24.

    Prohibits, beginning July 1, 2019, any wholesaler or retailer from knowingly selling, offering for sale, or distributing for sale or use in North Carolina any children's product containing the following chemicals of high concern: (1) bisphenol A, (2) phthalates individually or in combination greater than 0.10 percent by weight (1,000 parts per million), or (3) TRIS in amounts greater than 50 parts per million in any component. 

    Lists ten exceptions when the requirements of Article 24 do not apply. Exceptions include but are not limited to (1) children's products manufactured using chemicals of high concern when those chemicals are not present in the final children's product; (2) pharmaceutical products or biologics; (3) consumer electronics products and electronic components; and (4) food and beverage packaging except for containers containing infant food or formula, and toddler food.

    Beginning October 1, 2020, requires a retailer or distributor of a children's product, or a trade organization on behalf of its member retailers or distributors, to provide notice to the Department of Environment and Natural Resources (DENR) (appears to intend the Department of Environmental Quality (DEQ)) of any children's products that contain a chemical regulated under this act. Requires an annual filing of this notice with DENR and specifies the information that the notice must contain.

    Authorizes DENR to adopt rules as necessary to implement, administer, and enforce this Article.

    Makes conforming changes to GS 130A-17(b), GS 130A-18(b), GS 130A-19(b), and GS 130A-20(b) to reflect the enacting of new Article 24.

    Directs DEQ, in consultation with the Division of Public Health of the Department of Health and Human Services, to submit a report to the General Assembly by January 1, 2021, summarizing and evaluating retailers' and distributors' notices on chemicals of high concern as identified in Article 24. Specifies requirements for the content of the report. Provides that the definitions in new GS 130A-511, as enacted in Article 24 of this act in Section 1, apply to these provisions of Section 2 of this act, unless the context clearly requires otherwise.

    Provides that Section 1, enacting new Article 24, becomes effective December 1, 2019, and the remainder of the act is effective when it becomes law.