Senate File 2161 - Introduced SENATE FILE 2161 BY BOLKCOM A BILL FOR An Act relating to the use of certain chemicals in children’s 1 products, providing civil penalties, and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5760XS (2) 85 tm/sc

S.F. 2161 Section 1. NEW SECTION . 135.191 Definitions. 1 For purposes of this division, unless the context otherwise 2 requires: 3 1. “Child” means a person under eighteen years of age. 4 2. “Children’s product” means a product primarily designed 5 or intended by a manufacturer to be physically applied to or 6 introduced into a child’s body, including any article used as 7 a component of such product. “Children’s product” does not 8 include a food, beverage, dietary supplement, pharmaceutical 9 product or biologic product, children’s toy that is covered 10 by the ASTM (American society for testing and materials) 11 international standard F963 for toy safety, or medical device 12 as defined in the federal Food, Drug, and Cosmetic Act, 21 13 U.S.C. §321(h). 14 Sec. 2. NEW SECTION . 135.192 Use of certain chemicals in 15 children’s products —— prohibition. 16 1. Beginning January 1, 2015, a manufacturer or wholesaler 17 shall not sell or offer to sell in this state a children’s 18 product that intentionally contains any of the following: 19 a. Formaldehyde, including formaldehyde contained in a 20 solution. 21 b. Ingredients that chemically degrade under normal 22 conditions of temperature and pressure resulting in a release 23 of formaldehyde. 24 2. Beginning January 1, 2016, a retailer shall not sell 25 or offer to sell in this state a children’s product that 26 intentionally contains any of the following: 27 a. Formaldehyde, including formaldehyde contained in a 28 solution. 29 b. Ingredients that chemically degrade under normal 30 conditions of temperature and pressure resulting in a release 31 of formaldehyde. 32 Sec. 3. NEW SECTION . 135.193 Replacement chemicals. 33 A manufacturer shall not replace a chemical whose use is 34 prohibited in section 135.192 with a chemical known to the 35 -1- LSB 5760XS (2) 85 tm/sc 1/ 3

S.F. 2161 manufacturer to have been identified on the basis of credible 1 scientific evidence by a state, federal, or international 2 agency as being known or suspected with a high degree of 3 probability to do any of the following: 4 1. Harm the normal development of a fetus or child or cause 5 other developmental toxicity. 6 2. Cause cancer, genetic damage, or reproductive harm. 7 3. Disrupt the endocrine or hormone system. 8 4. Damage the nervous system, immune system, or organs, or 9 cause other systemic toxicity. 10 Sec. 4. NEW SECTION . 135.194 Civil penalty. 11 A person who violates a provision of this division is subject 12 to a civil penalty of five hundred dollars for each violation. 13 Sec. 5. EFFECTIVE DATE. This Act takes effect January 1, 14 2015. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the use of certain chemicals in 19 children’s products. 20 The bill, beginning January 1, 2015, prohibits a 21 manufacturer or wholesaler from selling or offering for sale 22 in this state a children’s product that intentionally contains 23 formaldehyde or ingredients that chemically degrade under 24 normal conditions of temperature and pressure to release 25 formaldehyde. The bill, beginning January 1, 2016, prohibits 26 a retailer from selling or offering for sale in this state a 27 children’s product that intentionally contains formaldehyde or 28 ingredients that chemically degrade under normal conditions of 29 temperature and pressure to release formaldehyde. The bill 30 prohibits a manufacturer from replacing a chemical prohibited 31 by the provisions of the bill with a chemical known to the 32 manufacturer to have been identified as causing certain 33 enumerated types of biological harm. The bill provides that a 34 person who violates the provisions of the bill is subject to a 35 -2- LSB 5760XS (2) 85 tm/sc 2/ 3

S.F. 2161 civil penalty of $500 for each violation. 1 The bill takes effect January 1, 2015. 2 -3- LSB 5760XS (2) 85 tm/sc 3/ 3