HOUSE BILL 225

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Brian F. Egolf

AN ACT

RELATING TO CONSUMER PROTECTION; PROHIBITING THE SALE OF CHILDREN'S TOYS THAT CONTAIN CERTAIN LEVELS OF BPA OR PHTHALATES; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Dangerous Toys Act".

     Section 2. DEFINITIONS.--As used in the Dangerous Toys Act:

          A. "BPA" means bisphenol-A, a chemical used in polycarbonate plastics, such as those used in baby bottles and sippy cups;

          B. "dangerous toy" means a product that is designed or intended by its manufacturer to be used by children age twelve or under and that contains a concentration of more than one-tenth percent of either BPA or a phthalate as defined in the Dangerous Toys Act;

          C. "merchant" means a manufacturer, wholesaler or retailer; and

          D. "phthalate" means a class of chemicals that are used to soften plastics, that are commonly used in children's toys and that are prohibited for use in children's toys pursuant to the federal Consumer Product Safety Modernization Act.

     Section 3. SALE OF DANGEROUS TOYS PROHIBITED.--

          A. A merchant shall not sell a dangerous toy in New Mexico.

          B. To determine whether a product was designed or intended by its manufacturer to be used as a toy, a merchant shall consider the product's label, whether consumers commonly recognize the product as a toy that is appropriate for a child age twelve or under, whether the product can fit into a child's mouth and the federal age determination guidelines.

     Section 4. PENALTY.--Selling a dangerous toy is a fourth degree felony punishable pursuant to Section 31-18-15 NMSA 1978.

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