BILL NUMBER: SB 1365	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  JUNE 23, 2010
	AMENDED IN SENATE  APRIL 12, 2010

INTRODUCED BY   Senator Corbett

                        FEBRUARY 19, 2010

   An act to amend  Sections 108555, 108565, 108570, and
108575   Section 108555  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. 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
  no  . 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 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   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, as identified in  the  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.
   (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 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.