ROSEVILLE – In a move to help parents better protect Michigan's children from toys containing toxic chemicals, Macomb 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.
"When we go to the store, we expect the products we buy to be safe," said State Representative Jon Switalski (D-Warren). "With more and more of our dolls and toy trucks coming from foreign countries with lax consumer protection laws, such as China, parents have a right to know what chemicals are in their children's toys."
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.
"There is no excuse for exposing children to dangerous chemicals," said Jennifer Haase (D-Richmond), a sponsor of the plan. "Even small amounts can have a damaging impact on a child's ability to reach his or her full potential. That's why we are taking action to help protect our children and promote safer alternatives."
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 who 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 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.
"Mercury, arsenic, bromine, lead and other hazardous chemicals do not belong in toys," said State Representative Sarah Roberts (D-St. Clair Shores). "Our nation's laws regulating chemicals are inadequate and our children are too important for us to wait. It's time Michigan joins in the fight."
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.
"One of the most alarming things is that these are names and brands that parents have always trusted – many of us grew up with toys like Mr. Potato Head and Barbie," said State Representative Harold Haugh (D-Roseville). "Young children put items like these in their mouths. Hazardous chemicals simply do not belong in toys or any children's products."