READ FIRST TIME 02/07/08.   

     AN ACT Relating to labeling of lead-containing products; adding a new chapter to Title 70 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that lead hazards associated with lead-containing consumer products represent a significant and preventable environmental health problem. Lead negatively affects every system of the body. It is harmful to individuals of all ages and is especially harmful to children and adults of childbearing age. The effects of lead on a child's cognitive, behavioral, and developmental abilities may necessitate large expenditures of public funds for health care and special education. The irreversible damage to children and subsequent expenditures could be avoided if exposure to lead is reduced. When consumers are provided with more and accurate information about products, consumers may better choose products that they feel will provide the best benefit to them individually, and the marketplace works more efficiently.
     (2) For the welfare of the people of the state of Washington, this chapter establishes labeling requirements for lead-containing consumer products to help educate the general public regarding its exposure to lead.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Consumer" means an individual who seeks to obtain, obtains, or has obtained a lead-containing consumer product from a retailer that is to be used primarily for personal, family, or household purposes.
     (2) "Department" means the department of ecology.
     (3) "Director" means the director of the department of ecology.
     (4) "Lead-containing consumer product" means a product, commodity, chemical, or compound that contains lead and is being sold to a consumer for personal, family, or household use. "Lead-containing consumer product" includes products with a component that contains lead or a lead compound.
     (5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a lead-containing consumer product or an importer or domestic distributor of a lead-containing consumer product produced in a foreign country. In the case of a multicomponent product containing lead, the manufacturer is the last manufacturer to produce or assemble the product. If the multicomponent product containing lead is produced in a foreign country, the manufacturer is the importer or domestic distributor.
     (6) "Package" means the immediate container or wrapping in which any product is contained for marketing, protecting, handling, or for use by consumers, and also means any outer container or wrapping used in the retail display of such a product to consumers.
     (7) "Retailer" means a retailer of a lead-containing consumer product.
     (8) "Wholesaler" means every person who purchases, sells, or distributes lead-containing consumer products to retailers for the purpose of resale only.

NEW SECTION.  Sec. 3   Nothing in this chapter should be interpreted to apply when in conflict with federal law.

NEW SECTION.  Sec. 4   (1) Effective January 1, 2010, a manufacturer or wholesaler may not sell a lead-containing consumer product at retail in this state, to a retailer in this state, or for use in this state, unless the lead-containing consumer product is labeled according to the guidelines listed under subsection (2) of this section. However, this section does not apply to: (a) Lead-containing consumer products that contain less than four one-hundredths percent lead; (b) ammunition and ammunition components; (c) lead-containing consumer products that are under one-half inch in all dimensions; (d) lead- containing consumer products in which the lead portion of the product does not come into human contact during normal use; (e) fishing gear; or (f) any lead-containing consumer product that is in compliance with (i) the provisions of directive 2002.95/EC of the European Union, adopted by the European parliament and council of the European Union on January 27, 2003; and (ii) the decisions of the technical adaptation committee established by directive 2002.95/EC that have been issued as of the effective date of this section.
     (2) A lead-containing consumer product is considered properly labeled under this section if it has:
     (a) A label that states the percentage content of lead in a minimum ten-point font affixed on the outer portion of the package viewable to consumers at time of purchase, or, if the lead-containing consumer product is not contained in a package, then affixed directly onto the lead-containing consumer product (for example, if the lead-containing consumer product contains eight percent lead, the label must state "eight percent lead content"); and
     (b) An imprint directly on the lead-containing consumer product that identifies the percentage content of lead in a minimum ten-point font.
     (3) The responsibility for affixing labels and the imprint required under this section is on the manufacturer and not on the wholesaler or retailer.
     (4) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting products through the state or storing products in the state for later distribution outside the state.

NEW SECTION.  Sec. 5   A manufacturer, wholesaler, or retailer may not remove from a lead-containing consumer product any label or imprint affixed to it that relates in whole or part to lead or lead hazards and which label is required by this state.

NEW SECTION.  Sec. 6   A violation of this chapter or any rule adopted under this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070.

NEW SECTION.  Sec. 7   The department may adopt rules to implement this chapter.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 9   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.