BILL NUMBER: SB 1365	CHAPTERED
	BILL TEXT

	CHAPTER  331
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 25, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	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 Section 108555 of the Health and Safety Code,
relating to public safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1365, 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.
   This bill would revise the cross-reference to federal law.


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) 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 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.