Illinois Compiled Statutes 430 ILCS 140 Cadmium-safe Kids Act. Section 10

    (430 ILCS 140/10)

    Sec. 10. Definitions. In this Act:

    "Agency" means the Illinois Environmental Protection Agency.

    "Body piercing jewelry" means any part of jewelry that is manufactured or sold for placement in a new piercing or a mucous membrane, but does not include any part of that jewelry that is not placed within a new piercing or a mucous membrane.

    "Children's jewelry" means jewelry that is made, marketed, or designed for or intended primarily for use by children under the age of 12 and includes jewelry that meets any of the following conditions:

        (1) represented in its packaging, display, or

    advertising as appropriate for use by children under the age of 12;

        (2) sold in conjunction with, attached to, or

    packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;

        (3) sized for children and not intended for use by

    adults; or

        (4) sold in any of the following:

            (i) a vending machine;

            (ii) a retail store, catalogue, or online web

        site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or

            (iii) a discrete portion of a retail store,

        catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

    "Children's jewelry" does not include any product category for which an existing federal standard regulates cadmium exposure in surface coatings and accessible substrate materials as required under ASTM International Consumer Safety Specification for Toy Safety, ASTM Standard F-963, or subsequent versions of this standard.

    "Distributor" means a person who sells products to retail establishments on a wholesale basis.

    "Jewelry" means any of the following ornaments worn by a person:

        (A) Ankle bracelet.

        (B) Arm cuff.

        (C) Bracelet.

        (D) Brooch.

        (E) Chain.

        (F) Crown.

        (G) Cuff link.

        (H) Hair accessory.

        (I) Earring.

        (J) Necklace.

        (K) Decorative pin.

        (L) Ring.

        (M) Body piercing jewelry.

        (N) Jewelry placed in the mouth for display ornament.

        (O) Charm, bead, chain, link, pendant, or any other

    component of the items listed in this definition.

        (P) Charm, bead, chain, link, pendant, or any other

    attachment to shoes or clothing that can be removed and may be used as a component of an item listed in this definition.

        (Q) Watch, if the timepiece is a component of an item

    list in this definition, excluding the timepiece itself if the timepiece can be removed from the ornament.

    "Manufacturer" means the person who manufactured a final product. In the case of a product that was imported into the United States, "manufacturer" includes the importer or domestic distributor of the product if the person who manufactured the product does not have a presence in the United States.

(Source: P.A. 96-1379, eff. 7-29-10.)

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Last modified: February 18, 2015