LANSING – In a move to help parents better protect Michigan's children from toys containing toxic chemicals, State Representatives Dian Slavens (D-Canton), Douglas Geiss (D-Taylor) and Deb Kennedy (D-Brownstown) 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.
"If a manufacturer refuses to report dangerous chemicals in children's products, they will have their products removed from store shelves and face stiff penalties," said Slavens, a health care provider with more than 20 years experience. "This plan is protecting our kids from the dangers of toxic toys – often manufactured overseas – and holding bad actors accountable when they put our children at risk."
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, 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.
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 that don't comply with the rules could see their products pulled off the shelves by the Attorney General and 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.
"Our children are too important to be left in harm's way of these hazardous chemicals," said Geiss, a sponsor of the plan. "For our children's sake, it is time for Michigan to take action to ensure that our parents have peace of mind when they purchase toys and other products for their children."
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.
"Dangerous chemicals like lead, mercury and arsenic should never be in our children's toys," Kennedy said. "This plan forces manufacturers to disclose potentially harmful chemicals in children's toys and gives parents the information to keep kids safe."