BILL NUMBER: SB 1365	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Corbett

                        FEBRUARY 19, 2010

   An act to amend Section 108555 of the Health and Safety Code,
relating to public safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1365, as introduced, Corbett. Public safety: consumer products.

   Existing law provides no person shall manufacture, sell, or
exchange, have in his or her possession with intent to sell or
exchange, or expose or offer for sale or exchange to any retailer,
any toy that is contaminated with any toxic substance, as provided.
Existing law provides for enforcement of these provisions by the
State Department of Public Health and local health officers.
   This bill would also allow the Department of Toxic Substances
Control to enforce these provisions if existing resources exist.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 108555 of the Health and Safety Code is amended
to read:
   108555.  (a) No person shall manufacture, sell, or exchange, have
in his or her possession with intent to sell or exchange, or expose
or offer for sale or exchange to any retailer, any toy that is
contaminated with any toxic substance or that is any of the
following:
   (1) Is coated with paints and lacquers containing compounds of
lead of which the lead content (calculated as Pb) is in excess of
that permitted by federal regulations contained in Section 1500.17 of
Title 16 of the Code of Federal Regulations adopted pursuant to the
Federal Hazardous Substances Act, Chapter 30 (commencing with Section
1261) of Title 15 of the United States Code, or soluble compounds of
antimony, arsenic, cadmium, mercury, selenium or barium, introduced
as such. Compounds shall be considered soluble if quantities in
excess of 0.1 percent are dissolved by 5 percent hydrochloric acid
after stirring for 10 minutes at room temperature.
   (2) Consists in whole or in part of a diseased, contaminated,
filthy, putrid, or decomposed substance.
   (3) Has been produced, prepared, packed, shipped, or held under
unsanitary or other conditions whereby it may have become
contaminated with filth or hazardous materials or otherwise rendered
injurious to health.
   (4) Is stuffed, padded, or lined with materials that are toxic or
that would otherwise be hazardous if ingested, inhaled, or contacted.

   (5) Is a stuffed, padded, or lined toy that is not securely
wrapped or packaged.
   (b) The department and local health officers shall enforce this
article.  The Department of Toxic Substances Control may also
enforce this article if existing resources are available. 
   (c) Violation of this section is a misdemeanor punishable by a
fine not exceeding one thousand dollars ($1,000) for each violation
or by imprisonment in the county jail for a period not exceeding one
year, or both.