BILL NUMBER: SB 1365	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 23, 2010
	AMENDED IN SENATE  APRIL 12, 2010

INTRODUCED BY   Senator Corbett

                        FEBRUARY 19, 2010

   An act to amend  Section 108555   Sections
108555, 108565, 1085   70, and 108575  of the Health
and Safety Code, relating to public safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1365, as amended, 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
 , including, but not limited to, paints and lacquers containing
compounds of lead in excess of that permitted by federal law, as
specified  . 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  . This bill would provide that when a penalty is
imposed by any of the enforcement agencies, as provided, the other 2
may not also impose a penalty for the same incidence of violation.
 The bill would also revise the cross-reference to federal law.

   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   Part 1303 of Title 16 of the Code of
Federal Regulations adopted pursuant to the Consumer Product Safety
Act (Title 15 (commencing with Section 2051) of the United States
Code and the lead limit as reduced by Congress in Section 101(f) of
the Consumer Product Safety Improvement Act of 2008 (Public Law
110-314), or soluble  compounds of antimony, arsenic, cadmium,
 chromium,  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.
  barium, as   identified in ASTM International
Standard F963-08 "Standard Consumer Safety Specification for Toy
Safety" (ASTM F963). 
   (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  ,   the Department of Toxic
Substances Control,  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.
   (d) If a penalty is imposed pursuant to this section by the State
Department of Public Health, a local health officer, or the
Department of Toxic Substances Control, then a penalty shall not be
imposed by either of the other two enforcement entities for the same
incidence of violation.
   SEC. 2.    Section 108565 of the   Health
and Safety Code   is amended to read: 
   108565.  (a) Whenever a duly authorized representative of the
department  , the Department of Toxic Substances Control, 
or a local health officer finds, or has probable cause to believe,
that any toy is or would be in violation of this article, he or she
shall affix to the toy or a component thereof a tag or other
appropriate marking, and shall give notice that the toy is suspected
of being in violation of this article, that the toy has been
embargoed, and that no person shall remove the toy until permission
for removal or disposal is given by an authorized agent of the
department,  the Department of Toxic Substances Control, 
the local health officer, or the court.
   (b)  A local health officer  or the Department of Toxic
Substances Control  shall notify the department within 48 hours
of any action taken  by the local health officer 
pursuant to subdivision (a).
   SEC. 3.    Section 108570 of the  Health and
Safety Code   is amended to read: 
   108570.  No person shall knowingly remove, sell, or dispose of a
detained or embargoed toy without permission of an authorized agent
of the department,  the Department of Toxic Substances Control,
 the local health officer, or the court. 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.
   SEC. 4.    Section 108575 of the   Health
and Safety Code   is amended to read: 
   108575.  When an authorized agent of the department  , the
Department of Toxic Substances Control,  or the local health
officer finds, or has reasonable cause to believe, that an embargo
will be violated, he or she may remove the embargoed toy to a place
of safekeeping.