An Act To Ensure That Children's Products Are Free of Cadmium
Maine Legislature, Session 125, LD 0492
Committee: Health and Human Services
Sponsors: HINCK, BLISS, BERRY, DOW, EBERLE, GOODE, WALSH INNES, MALONEY, ALFOND, BARTLETT

Legislative Document 
No. 492 
H.P. 385 
House of Representatives, February 10, 2011 
An Act To Ensure That Children's Products Are Free of Cadmium 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative HINCK of Portland. 
Cosponsored by Senator BLISS of Cumberland and 
Representatives: BERRY of Bowdoinham, DOW of Waldoboro, EBERLE of South Portland, 
GOODE of Bangor, WALSH INNES of Yarmouth, MALONEY of Augusta, Senators: 
ALFOND of Cumberland, BARTLETT of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA c. 167 is enacted to read: 
CHAPTER 167 
CADMIUM CONTROL 
§791.  Restrictions on children’s products containing cadmium 
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Cadmium" means elemental cadmium and any compound or alloy that contains 
cadmium. 
B.  "Children" means persons under 12 years of age. 
C.  "Children's product" means a consumer product, including any component of the 
consumer product, designed or intended primarily for use on or by children, including 
but not limited to: 
(1)  Children's products as defined in section 1316-A, subsection 1, paragraph E; 
(2)  Children's clothing; 
(3)  Accessories, decorative objects, backpacks, car seats, furniture and other 
articles used by or intended to be used by children; 
(4)  Candy, food, dietary supplements and other edible or chewable products used 
by or intended to be used by children; and 
(5)  Any item sold for residential or commercial use, including any component 
parts and packaging, but not including a food or beverage or additive to a food or 
beverage, a tobacco product, a pesticide regulated by the United States 
Environmental Protection Agency or a drug or biologic regulated by the United 
States Department of Health and Human Services, Food and Drug Administration 
or the packaging of a drug or biologic if the packaging is regulated by the United 
States Department of Health and Human Services, Food and Drug 
Administration. 
2.  Restriction.  Beginning July 1, 2013, a person may not manufacture, sell, 
distribute or offer for sale or distribution a children's product that contains cadmium at 
more than .004% by weight. 
3.  Alternatives.  A person who manufactures a children's product, when substituting 
substances in the manufacturing process to come into compliance with subsection 2, must 
use the least toxic alternative substance.  In replacing cadmium in the children's product 
with the least toxic alternative substance, a person may not: 
A.  Use a substance containing a carcinogen rated by or a substance listed by the 
United States Environmental Protection Agency as a known or likely carcinogen, a 
known human carcinogen or a likely or suspected human carcinogen; or 
B.  Use a toxicant that may cause birth defects or reproductive or developmental 
harm as identified by the United States Environmental Protection Agency or as listed 
in California's health and safety code. 
4.  Enforcement.  The department and the Maine Center for Disease Control and 
Prevention shall enforce this section within available resources.  The following provisions 
apply as penalties for violations of this section. 
A.  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. 
B.  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. 
C.  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. 
D.  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. 
SUMMARY 
This bill prohibits the manufacture, sale and distribution in commerce of children's 
products containing cadmium at more than .004% by weight beginning July 1, 2013.  In 
addition, the bill limits the substances that may be used as alternatives to cadmium in 
children's products.  The bill directs the Department of Health and Human Services and 
the Maine Center for Disease Control and Prevention to enforce the cadmium limitation 
within available resources and provides penalties for violations.