By: Van de Putte H.B. No. 2536
73R2434 KLL-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to safety requirements regarding the use of certain toxic
1-3 household products; providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 161, Health and Safety Code, is amended
1-6 by adding Subchapter K to read as follows:
1-7 SUBCHAPTER K. SAFETY REQUIREMENTS RELATING TO
1-8 TOXIC HOUSEHOLD PRODUCTS
1-9 Sec. 161.121. DEFINITIONS. In this subchapter:
1-10 (1) "Household product" means any product used:
1-11 (A) directly on humans or pets;
1-12 (B) in, on, or around any structure, vehicle,
1-13 article, surface, or area associated with the household, including
1-14 nonagricultural outbuildings, noncommercial greenhouses, pleasure
1-15 boats, and recreational vehicles; or
1-16 (C) in or around any preschool or day-care
1-17 facility.
1-18 (2) "Liquid" means a liquid preparation that flows
1-19 readily in its natural state at room temperature and that contains
1-20 one or more soluble chemical substances dissolved in water or other
1-21 solvents, including aqueous acids and nonaqueous solutions.
1-22 (3) "Toxic household product" means a household
1-23 product that has the capacity to produce significant personal
1-24 injury or illness to humans if orally ingested in moderate amounts.
2-1 The term does not include:
2-2 (A) a product that contains hydrocarbons in
2-3 which the only known toxicity is through lung aspiration of minute
2-4 amounts and not absorption through the stomach;
2-5 (B) a product intended for use in or around the
2-6 mouth or reasonably expected to be used orally or ingested;
2-7 (C) an economic poison packaged in containers of
2-8 more than one gallon liquid or more than 10 pounds dry weight;
2-9 (D) a drug, as defined in the Federal Food,
2-10 Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) other than a
2-11 product containing 2.5 percent or more by weight camphor in liquid
2-12 formulations; or
2-13 (E) a product that, immediately upon ingestion,
2-14 causes severe damage or irritation to the mouth or tongue or that
2-15 is fatal on a single taste.
2-16 Sec. 161.122. BITTERING AGENT REQUIRED. (a) A toxic
2-17 household product that contains any substance listed in Subsection
2-18 (b) and that is manufactured on or after January 1, 1994, and sold
2-19 in this state must include in the product a bittering agent that is
2-20 nontoxic in the product, in a concentration that renders the
2-21 product aversively bitter, unless the product is packaged with
2-22 child-resistant safety closures in accordance with the Federal
2-23 Poison Prevention Packaging Act of 1970 (15 U.S.C. Section 1471 et
2-24 seq.) and regulations adopted under that Act (16 C.F.R. Section
2-25 1700.1 et seq.).
2-26 (b) The manufacturer of a toxic household product that
2-27 contains any of the following substances shall comply with this
3-1 section:
3-2 (1) Acetonitrile;
3-3 (2) Bromates (used in hair product formulations);
3-4 (3) Carbamates (used in insecticide formulations);
3-5 (4) Chlorinated hydrocarbon insecticides and solvents
3-6 (five percent or more by weight);
3-7 (5) Cyanide;
3-8 (6) Diquat;
3-9 (7) Ethylene glycol (four percent or more by weight);
3-10 (8) Organophosphate insecticides;
3-11 (9) Metaldehyde;
3-12 (10) Methanol (methyl alcohol, four percent or more by
3-13 weight);
3-14 (11) Phenol (10 percent or more by weight);
3-15 (12) Pine oil, in concentrations of 20 percent or
3-16 more; or
3-17 (13) Strychnine formulations.
3-18 Sec. 161.123. CHILD-RESISTANT SAFETY ENCLOSURES. Because of
3-19 the lack of long-term testing results for dermal exposure of
3-20 available bittering agents, manufacturers of toxic household
3-21 products that contain any of the following substances in liquid
3-22 formulations, in lieu of complying with Section 161.122, shall
3-23 package those products with child-resistant safety closures in
3-24 accordance with the Federal Poison Prevention Packaging Act of 1970
3-25 (15 U.S.C. Section 1471 et seq.) and regulations adopted under that
3-26 Act (16 C.F.R. Section 1700.1 et seq.):
3-27 (1) Camphor (2.5 percent or more by weight);
4-1 (2) Diethyltoluamide; or
4-2 (3) Ethylhexanediol.
4-3 Sec. 161.124. RULES; REPORT. (a) The board shall adopt
4-4 rules as necessary to implement this subchapter.
4-5 (b) The department shall report to the legislature by
4-6 February 1 of each odd-numbered year regarding recommendations on
4-7 changes in the composition of the list of substances set forth in
4-8 Sections 161.122(b) and 161.123.
4-9 Sec. 161.125. PROHIBITED ACTS. (a) A person may not
4-10 distribute or sell a toxic household product or cause a toxic
4-11 household product to be distributed or sold in this state if the
4-12 product does not meet the requirements of this subchapter.
4-13 (b) The prohibition contained in Subsection (a) does not
4-14 apply to a person engaged in the business of wholesale or retail
4-15 distribution of a toxic household product, unless the person is
4-16 engaged in the manufacture of the product or has knowledge that a
4-17 toxic household product that the person is distributing or selling
4-18 is in violation of this subchapter.
4-19 (c) This section may not be construed to exempt a
4-20 distributor of a house brand from any provision of this subchapter.
4-21 Sec. 161.126. CIVIL ACTION. (a) A civil action may be
4-22 brought in a court of competent jurisdiction to enforce the
4-23 requirements of this subchapter. The court may grant injunctive
4-24 relief in any action brought under this section.
4-25 (b) The court may award exemplary damages in any action
4-26 brought under Chapter 41, Civil Practice and Remedies Code.
4-27 (c) If the person bringing an action under this section is
5-1 the prevailing party, the person may be awarded attorney fees and
5-2 costs by the court.
5-3 Sec. 161.127. CIVIL PENALTY; FUND. (a) A person who
5-4 violates this subchapter is liable for a civil penalty not to
5-5 exceed $5,000 for each day of violation. The penalty shall be
5-6 assessed and recovered in a civil action brought in the name of the
5-7 state by the attorney general in any court of competent
5-8 jurisdiction.
5-9 (b) The children's poison protection fund is in the state
5-10 treasury. All civil penalties recovered under this section shall
5-11 be deposited to the credit of that fund. Money in the fund shall
5-12 be available, on appropriation by the legislature, for the
5-13 enforcement of this subchapter and for poison control centers
5-14 established under Chapter 773.
5-15 SECTION 2. This Act takes effect September 1, 1993.
5-16 SECTION 3. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.