Toxic Chemical Safety Act
Governor of the State of Illinois USA / 11.02.2010 / January 2012, the latest
Local legislation to be implemented in the State of Illinois, USA
The Act supports the State of Illinois Policy to reduce exposure of its citizens to toxic chemicals, and provides measures to be taken for safer consumer products intended for use by children and any consumer product containing a chemical of high concern that when used or disposed of will likely result in a child being exposed to that chemical.
Section 5 presents the Statement of policy of the State of Illinois: protect public health and environment by reducing the exposure of its citizens and vulnerable populations, such as children, to toxic chemicals, when safer alternatives exist.
Section 15 presents the measures to define the ‘chemical of high concern’. The Director of the Illinois Environmental Agency should publish a ‘list of chemicals of high concern to public health or the environment of the State of Illinois’ containing substances for which evidence is available that they are one or more of the following: carcinogen, mutagen, reproductive or developmental toxin, endocrine disruptor, persistent or bioaccumulative toxin.
According to Section 20 the Director of the Environmental Agency has to designate as ‘ priority chemicals’ those substances on the list of high concern that are classified as “known to be a human carcinogen” in the most recent report on carcinogens by the National Toxicology Program in the U.S. Department of Health and Human Services.
The Director may designate a chemical of high concern as a priority chemical if the Director has evidence that finds one or more of the following on the chemical:
In reviewing the list the Director shall prioritize designation of chemicals that have been one or more of the following:
Each manufacturer and distributor of a children’s product that contains a priority chemical shall notify the Director of the presence of the priority chemical in the children’s product .
Section 30 – Prohibition on sale specifies that The Director may prohibit the manufacture, sale, or distribution in the State of a children’s product containing a priority chemical if:
The Act focuses on children products but it also contains information applicable to other exposed groups and to the environment. Measures to define and identify substance of high concern as well as priority substances, correlated with the state policy to reduce exposure to such chemicals when safer alternatives exist, stimulate the search for safer substitutes. Moreover, the existence of safer alternatives is one of the criteria that allows for prohibition measures regarding products containing priority substances.