2007 House Bill 4132 / Public Act 161

Ban consumer products with “lead bearing substance”

Introduced in the House

Jan. 25, 2007

Introduced by Rep. Edward Gaffney (R-1)

To prohibit the use, possession or sale of any “lead-bearing substance” on or in any clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, toys, furniture, or other articles used by or intended to be chewable by children. The ban would also apply to any fixture or other object containing a lead bearing substance that is intended to be used, installed, or located in or on a surface of a dwelling, residential building, or child care facility, and that, in the ordinary course of use, is accessible to or chewable by a child. The bill would also ban the possession, sale or transfer of a lead-bearing substance that may be used by the general public unless it bears a warning statement. "Lead-bearing substance" is defined as an item or substance that contains or is coated with lead so that the lead content is more than 0.06 percent of the total weight. Firearms ammunition would be excluded from the bill.

Referred to the Committee on Health Policy

June 21, 2007

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

June 26, 2007

Substitute offered

To replace the previous version of the bill with one that revises the penalties.

The substitute passed by voice vote

Passed in the House 107 to 0 (details)

To prohibit the use, possession or sale of any “lead-bearing substance” on or in any clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, toys, furniture, or other articles used by or intended to be chewable by children. The ban would also apply to any fixture or other object containing a lead bearing substance that is intended to be used, installed, or located in or on a surface of a dwelling, residential building, or child care facility, and that, in the ordinary course of use, is accessible to or chewable by a child. The bill would also ban the possession, sale or transfer of a lead-bearing substance that may be used by the general public unless it bears a warning statement. "Lead-bearing substance" is defined as an item or substance that contains or is coated with lead so that the lead content is more than 0.06 percent of the total weight. Firearms ammunition would be excluded from the bill. It authorizes penalties of up to a $5,000 fine for a first offense, and up to $50,000 for a third offense.

Received in the Senate

June 27, 2007

Referred to the Committee on Health Policy

Nov. 13, 2007

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Nov. 27, 2007

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Dec. 13, 2007

Passed in the Senate 35 to 0 (details)

To prohibit the use, possession or sale of any “lead-bearing substance” on or in any clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, toys, furniture, or other articles used by or intended to be chewable by children. The ban would also apply to any fixture or other object containing a lead bearing substance that is intended to be used, installed, or located in or on a surface of a dwelling, residential building, or child care facility, and that, in the ordinary course of use, is accessible to or chewable by a child. The bill would also ban the possession, sale or transfer of a lead-bearing substance that may be used by the general public unless it bears a warning statement. "Lead-bearing substance" is defined as an item or substance that contains or is coated with lead so that the lead content is more than 0.06 percent of the total weight. Firearms ammunition would be excluded from the bill. It authorizes penalties of up to a $5,000 fine for a first offense, and up to $50,000 for a third offense.

Received in the House

Dec. 13, 2007

To concur with the Senate-passed version of the bill.

Passed in the House 106 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 20, 2007