SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HOLSMAN.
Read 1st time March 12, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 407, RSMo, by adding thereto one new section relating to the merchandising practices of children's products.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto one new section, to be known as section 407.445, to read as follows:
407.445. 1. This section may be cited as the "Missouri Children's Products Safety Act".
2. As used in this section, the following terms mean:
(1) "Child care article", all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething;
(2) "Toy", all products designed or intended by the manufacturer to be used by children when they play.
3. No person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl)phthalate (DEHP), dibutyl phthalate (DBP), or benzyl phthalate (BBP), in concentrations exceeding one-tenth of one percent.
4. No person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child less than three years of age if such product can be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding one-tenth of one percent.
5. Manufacturers shall use the least toxic alternative when replacing phthalate in accordance with this section.
6. Manufacturers shall not replace phthalates with carcinogens rated by the United States Environmental Protection Agency as A, B, or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the United States Environmental Protection Agency's List of Chemicals Evaluated for Carcinogenic Potential.
7. Manufacturers shall not replace phthalate, under this section, with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency.
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