WEST BLOOMFIELD – In a move to help parents better protect Michigan's children from toys containing toxic chemicals, Oakland County lawmakers today announced a plan that will require manufacturers of children's toys and products to report what chemicals they use in the production of toys sold in Michigan. Manufacturers that fail to comply with the reporting requirements will be forced to pay penalties and have their products pulled from the shelves.
"As a mother I want to know the toys my children play with are safe," said State Representative Lisa Brown
(D-West Bloomfield). "Parents have a right to know exactly what they're buying their kids. We've seen too many
recalls recently and one has to wonder how many more dangerous toys remain on the shelves. This problem is not going to
fix itself – it's up to us to take action."
The legislation, known as the Michigan Children's Safe Products Act, is a seven-bill package designed to give parents
the tools they need to protect their children from harmful chemicals. The plan requires the Michigan Department of
Community Health (DCH) to create a list of "chemicals of concern" – those known to cause cancer, reproductive
or developmental harm, neurological damage or hormone disruption – by 2011.
From this initial list, the DCH by 2012 will create and regularly update a list of "chemicals of highest concern"
based on their use in children's products and their presence in children, household dust, human breast milk or cord
blood. The DCH will make this information easily accessible to the public through a Web site or other means.
"Chemicals such as mercury, arsenic and bromine have no business being included in toys or other children's products,"
State Representative Tim Melton (D-Pontiac) said.
"Our national laws protecting people from these toxic chemicals are insufficient and that is unacceptable –
especially when many safe alternatives exist."
Under the plan, large manufacturers and distributors of children's products that contain "chemicals of highest concern"
will have to publicly identify what products contain the chemicals, how much they contain and the reason why the
chemical is in the product. They also must identify the number of toys distributed for sale in Michigan or
nationally.
Manufacturers that fail to comply with the reporting requirements will face monetary penalties of up to $5,000 for the first offense, up to $25,000 for the second offense and up to $50,000 for the third or subsequent offense. Those who knowingly violate the act will face a fine of up to $150,000.
"Manufacturers who aren't willing to put the health of our children first should see their toys pulled from the shelves – it's that simple," said State Representative Vincent Gregory (D-Southfield). "In addition to product removal, manufacturers who fail to follow the rules will be hit with fines. A parent has a right to know companies are making safe toys or we will not allow them to sell products that eventually land in the hands of our loved ones."
Manufacturers that don't comply with the rules could see their products pulled off the shelves by the Attorney General and the further sale of those products in Michigan would be prohibited. The plan also encourages DCH, along with the Department of Environmental Quality to participate in an interstate clearinghouse to share information and promote safer alternatives.
Chronic exposure to toxic chemicals in children's toys, such as arsenic, mercury and bromine have been linked to reproductive problems, developmental and learning disabilities, hormone problems and cancer. These chemicals have been found in popular toys such as Dora the Explorer lunch bags, Playskool's Mr. Potato Head, Mattel's Ballerina Barbie, Disney's High School Musical belts and necklaces, and Little Tikes bath letters and numbers.
"These toys serve as a reminder of the importance of our own manufacturing sector," State Representative Vicki Barnett (D-Farmington Hills) said. "As our country is
flooded with more and more products from countries with lax consumer and public health protection laws like China, we
need to expand the manufacturing base in our country where we can more easily provide oversight and protections for our
consumers."