An Act To Ensure That Children's Toys and Products Are Free of Lead
Maine Legislature, Session 123, LD 2053
Committee Amendment CA_A_H930 (House)

COMMITTEE AMENDMENT "A " to H.P. 1437, L.D. 20-53~Bill, "An Act To 
Ensure That Children's Toys and Products Are Free of Lead" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRS A §1316-A is enacted to read: 
§1316-A. Restrictions on lead-containing children's products 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Child" means a person under 12 years of age. 
B. "Child care article" means a product designed or intended bv the manufacturer to 
facilitate the sleep, relaxation or feeding of children or to help children with sucking 
or teething. 
C. 
"Children's jewelry" means jewelry that is made for, marketed for use by or 
marketed to a child and that is: 
(1) 
Represented by its packaging, display, distribution or advertising as 
appropriate for use by children; 
(2) 
Sold in conjunction with, attached to or packaged together with other 
products that are packaged, displayed or advertised as appropriate for use by 
children; 
(3) Sized for children and not intended for use by adults; 
(4) Sold in a vending machine; or 
(5) Sold in a retail store, catalog or website, or in a defined area of that store, 
catalog or website, in which a person exclusively offers for sale products that are 
packaged, displayed or advertised as appropriate for use by children. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to H.P. 1437, L.D. 2053 
D. "Children's lunch box" means a fabricated container marketed or intended for use 
to carry food or drink for consumption by a child. 
E. "Children's product" means a product that is marketed for use by a child or the use 
of which by a child is foreseeable, including but not limited to a toy, child care 
article, children's lunch box or children's jewelry. 
F. "Lead-containing children's product" means a children's product that: 
(1) Contains lead in the aggregate, excluding lead in a paint or surface coating, at 
more than .009% of the total weight or is made with a product component 
containing lead at more than .009% of the total weight of the product component, 
except that if the product or product component lead level is preempted by 
federal law then the federal standard for lead level governs; or 
(2) Is coated with a paint or surface coating with a lead content that exceeds the 
Consumer Product Safety Commission safety rule as established in 16 Code of 
Federal Regulations, Part 1303, as amended. 
G. "Toy" means a product designed and made for the amusement of a child or for the 
child's use in play. 
2. 
Restriction. 
Beginning July 1, 2009, a person may not manufacture, or 
knowingly sell, distribute or offer for sale or distribution, a lead-containing children's 
product except as provided in subsection 3. 
3. Exception. The restrictions imposed in subsection 2 do not apply to consumer 
electronic products in which the lead-containing component is inaccessible to children, 
including but not limited to electronic toys, personal computers, audio and video 
equipment, calculators, wireless telephones, game consoles and hand-held electronic and 
electrical devices that incorporate a video screen used to access interactive software, and 
their related devices. 
4. Enforcement. This section may be enforced in a civil action brought by the 
Attorney General under the Maine Unfair Trade Practices Act, except that the following 
provisions apply as penalties for violations ofthis section. 
A. For the first violation by a manufacturer a warning must be given instead of an 
enforcement by the Attorney General if the employer has the eguivalent of 25 or 
fewer full-time, year-round employees. 
B. For all other violations the following provisions apply as penalties for violations 
of this section. 
(1) For the first violation of this section, the penalty is not more than $100 per 
children's product manufactured, sold, distributed or offered for sale or 
distribution, with the total penalty not to exceed $5,000. 
(2) For a 2nd violation of this section, the penalty is not more than $500 per 
children's product manufactured, sold, distributed or offered for sale or 
distribution, with the total penalty not to exceed $25,000. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 1437, L.D. 2053 
(3) For a 3rd or subsequent violation of this section, the penalty is not more than 
$1,000 per children's product manufactured, sold, distributed or offered for sale 
or distribution, with the total penalty not to exceed $50,000. 
(4) A penalty under this section may be waived by the court if it is determined 
that the person in good faith and with due diligence attempted to comply with the 
requirements of this section and promptly corrected after discovery any 
noncompliance with this section. 
5, Lead Poisoning Prevention Fund, Penalties collected under this section must be 
paid to the Lead Poisoning Prevention Fund established pursuant to section 1322-E. 
Sec. 2. Report. The Department of Health and Human Services, Maine Center for 
Disease Control and Prevention shall report to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters by January 15, 
I 0 regarding lead in children's toys and products. 
The report must include 
developments on the federal level and in other states with regard to protecting children-- -
from lead poisoning from children's toys and products, thresholds for lead in children's 
toys and products and a summary of literature on lead poisoning from children's toys and 
products. The joint standing committee may submit a bill to the Second Regular Session 
of the 124th Legislature based on the report. 
Sec. 3. Effective date. This Act takes effect July 1, 2009.' 
SUMMARY 
This amendment replaces the bill. It restricts the manufacture and knowing sale and 
distribution of lead-containing children's products through use of the federal performance 
standard for paintings and coatings and a content lead level established at .009% of the 
total weight or the federal standard if state law is preempted by federal law. It provides 
an exception for consumer electronic products in which the lead-containing component is 
inaccessible to children. It states that a first violation by a manufacturer that is a small 
employer is enforced through a warning. It provides for enforcement by the Attorney 
General and penalties that are to be paid to the Lead Poisoning Prevention Fund. The 
amendment requires a report on children's lead poisoning from toys and products by 
January 15, 2010 and authorizes the joint standing committee of the Legislature having 
jurisdiction over health and human services matters to submit a bill to the Second Regular 
Session of the 124th Legislature_ It provides an effective date of] uJy I, 2009_ 
FISCAL \OTF ]{FQt JRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/08 frac:.. 
LD 2053 
LR 2746(02) 
An Act To Ensure That Children's Toys and Products Are Free of Lead 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A-" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Maine Center for Disease Control and Prevention in the Department of Health and Human 
Services and the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
LR2746(02) - Fiscal Note - Page I of I