Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
Select Committee on Environmental Health | |
HB 2882
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Concerning the labeling of lead-containing products.
Sponsors: Representatives Wood, Hudgins, Hasegawa and Ormsby.
Brief Summary of Bill |
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Hearing Date: 1/22/08
Staff: Ashley Pedersen (786-7303).
Background:
According to the United States Environmental Protection Agency, exposure to lead is highly
dangerous, especially to children ages six and younger. Young children are more likely to ingest
lead dust, and as such, are at higher risk for lead poisoning. In addition, children are more likely
to be affected by lead poisoning than adults due to their smaller and still developing bodies.
Lead poisoning in children can cause irreversible learning difficulties, mental retardation, and
delayed neurological and physical development.
Summary of Bill:
Labeling:
Effective January 1, 2010, manufacturers and wholesalers may not sell a lead-containing product
at retail in this state, to a retailer in this state, or for use in this state, unless the lead-containing
product is labeled. This prohibition does not apply to lead-containing products that contain less
than 0.009 percent lead.
Manufacturers are primarily responsible for affixing the labels on lead-containing products. A
lead-containing product is properly labeled if it has a label and an imprint identifying the
percentage content of lead in a minimum of 10 point font. The label must be on the outer portion
of the package viewable to consumers at the time of purchase, or, if the lead-containing product
is not contained in a package, then directly on the lead-containing product.
Manufacturers, wholesalers, and retailers are prohibited from removing any required label or
imprint that relates to lead.
Transporting and Storing:
Manufacturers, importers, and domestic distributors are not prohibited from transporting
products through the state or from storing products in the state for later distribution outside the
state.
Penalties:
A violation of this chapter or any rule adopted under this chapter is punishable by a civil penalty
of up to $1000 for each violation in the case of a first violation. Repeat violators are liable for a
civil penalty of up to exceed $5000 for each repeat violation. Penalties collected under this
section must be deposited in the State Toxics Control Account created in RCW 70.105D.070.
Rules:
The Department of Ecology may adopt rules to implement this chapter.
Appropriation: None.
Fiscal Note: Requested on January 18, 2008.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.