LRB-4111/1
MDK:med:rs
2011 - 2012 LEGISLATURE
March 15, 2012 - Introduced by Representatives Roys, Mason, Berceau, C. Taylor,
Pocan, Pope-Roberts, Bewley and Sinicki, cosponsored by Senators Lassa,
Taylor and C. Larson. Referred to Committee on Children and Families.
AB716,1,7
1An Act to renumber 100.2095 (4) and 100.2095 (5);
to renumber and amend
2100.2095 (1), 100.2095 (2) (a) and (b) and 100.2095 (3);
to amend 100.2095 (6)
3(a), 100.2095 (6) (b), 100.2095 (6) (c) and 100.2095 (6) (d); and
to create
4100.2095 (1) (b), 100.2095 (1) (c), 100.2095 (1) (d), 100.2095 (1) (e), 100.2095 (2)
5(title), 100.2095 (2m), 100.2095 (6) (title), 100.2095 (6) (cg) and 100.2095 (6) (cr)
6of the statutes;
relating to: children's bedding containing certain chemicals
7and providing penalties.
Analysis by the Legislative Reference Bureau
This bill requires in-state manufacturers, wholesale sellers, and retailers of
children's bedding that contains a specified chemical to ensure that the retail
packaging for the children's bedding is conspicuously labeled with a statement that
the children's bedding contains the chemical. The bill defines "children's bedding"
as any mattress, upholstered spring, comforter, pad, cushion, or pillow that is
designed and manufactured for the purpose of sleeping or reclining and that is
primarily intended by the manufacturer for use by children three years of age or
younger. The chemicals that are subject to the bill's labeling requirement are
bis(2-ethylhexyl)phthalate, polybrominated diphenyl ethers, and polyvinyl
chloride. A manufacturer who violates the bill is subject to a forfeiture of no more
than $5,000 for a first violation and no more than $10,000 for each subsequent
violation. A wholesale seller or retailer who violates the bill is subject to a forfeiture
of no more than $200 for each violation.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB716, s. 1
1Section
1. 100.2095 (1) of the statutes is renumbered 100.2095 (1) (intro.) and
2amended to read:
AB716,2,33
100.2095
(1) Definitions. (intro.) In this section
, "bedding":
AB716,2,6
4(a) "Bedding" means any mattress, upholstered spring, comforter, pad,
5cushion
, or pillow designed and manufactured for the purpose of sleeping or
6reclining.
AB716, s. 2
7Section
2. 100.2095 (1) (b) of the statutes is created to read:
AB716,2,98
100.2095
(1) (b) "Children's bedding" means bedding primarily intended by the
9manufacturer for use by children 3 years of age or younger.
AB716, s. 3
10Section
3. 100.2095 (1) (c) of the statutes is created to read:
AB716,2,1111
100.2095
(1) (c) "DEHP" means bis(2-ethylhexyl)phthalate.
AB716, s. 4
12Section
4. 100.2095 (1) (d) of the statutes is created to read:
AB716,2,1313
100.2095
(1) (d) "PBDE" means polybrominated diphenyl ethers.
AB716, s. 5
14Section
5. 100.2095 (1) (e) of the statutes is created to read:
AB716,2,1515
100.2095
(1) (e) "PVC" means polyvinyl chloride.
AB716, s. 6
16Section
6. 100.2095 (2) (title) of the statutes is created to read:
AB716,2,1717
100.2095
(2) (title)
All bedding.
AB716, s. 7
18Section
7. 100.2095 (2) (a) and (b) of the statutes are renumbered 100.2095
19(2) (am) 1. and 2., and 100.2095 (2) (am) 2., as renumbered, is amended to read:
AB716,3,4
1100.2095
(2) (am) 2. For the purpose of labeling bedding under
par. (a) subd.
21., the label shall be not less than 3 inches by 4.5 inches in size and shall be sewed
3to the bedding and the print appearing on the label shall be not less than one-eighth
4of an inch in height.
AB716, s. 8
5Section
8. 100.2095 (2m) of the statutes is created to read:
AB716,3,106
100.2095
(2m) Children's bedding. (a) No person may manufacture in this
7state children's bedding intended for retail sale that contains PVC, DEHP, or PBDE
8unless the person ensures that the retail packaging of the children's bedding is
9conspicuously labeled with a statement that the children's bedding contains PVC,
10DEHP, or PBDE.
AB716,3,1411
(b) No person may sell, or offer for sale, at wholesale or retail in this state
12children's bedding that contains PVC, DEHP, or PBDE unless the person ensures
13that the retail packaging of the children's bedding is conspicuously labeled with a
14statement that the children's bedding contains PVC, DEHP, or PBDE.
AB716, s. 9
15Section
9. 100.2095 (3) of the statutes is renumbered 100.2095 (2) (bm) and
16amended to read:
AB716,3,2017
100.2095
(2) (bm) No person in the business of manufacturing, distributing or
18selling bedding may manufacture, distribute, sell, offer for sale, consign for sale or
19possess with intent to distribute, sell, offer for sale or consign for sale any article of
20bedding unless the bedding is labeled as provided in
sub. (2) par. (am).
AB716, s. 10
21Section
10. 100.2095 (4) of the statutes is renumbered 100.2095 (2) (c).
AB716, s. 11
22Section
11. 100.2095 (5) of the statutes is renumbered 100.2095 (2) (d).
AB716, s. 12
23Section
12. 100.2095 (6) (title) of the statutes is created to read:
AB716,3,2424
100.2095
(6) (title)
Enforcement; penalties.
AB716, s. 13
25Section
13. 100.2095 (6) (a) of the statutes is amended to read:
AB716,4,5
1100.2095
(6) (a) Any person suffering pecuniary loss because of a violation of
2sub.
(3), (4) or (5) (2) (bm), (c), or (d) may commence an action for the pecuniary loss
3and if the person prevails, the person shall recover twice the amount of the pecuniary
4loss or $200 for each violation, whichever is greater, together with costs, including
5reasonable attorney fees.
AB716, s. 14
6Section
14. 100.2095 (6) (b) of the statutes is amended to read:
AB716,4,117
100.2095
(6) (b) The department may commence an action in the name of the
8state to restrain by temporary or permanent injunction a violation of sub.
(3), (4) or
9(5) (2) (bm), (c), or (d) or (2m). Before entry of final judgment, the court may make
10any necessary orders to restore to any person any pecuniary loss suffered by the
11person because of the violation.
AB716, s. 15
12Section
15. 100.2095 (6) (c) of the statutes is amended to read:
AB716,4,1513
100.2095
(6) (c) The department or any district attorney may commence an
14action in the name of the state to recover a forfeiture to the state of not less than $100
15nor more than $10,000 for each violation of sub.
(3), (4) or (5) (2) (bm), (c), or (d).
AB716, s. 16
16Section
16. 100.2095 (6) (cg) of the statutes is created to read:
AB716,4,2017
100.2095
(6) (cg) The department or any district attorney may commence an
18action in the name of the state to recover a forfeiture to the state of not more than
19$5,000 for a first violation, and not more than $10,000 for each subsequent violation,
20of sub. (2m) (a).
AB716, s. 17
21Section
17. 100.2095 (6) (cr) of the statutes is created to read:
AB716,4,2422
100.2095
(6) (cr) The department or any district attorney may commence an
23action in the name of the state to recover a forfeiture to the state of not more than
24$200 for each violation of sub. (2m) (b).
AB716, s. 18
25Section
18. 100.2095 (6) (d) of the statutes is amended to read:
AB716,5,3
1100.2095
(6) (d) A person who violates sub.
(3), (4) or (5) (2) (bm), (c), or (d) may
2be fined not more than $10,000 or imprisoned for not more than 9 months or both.
3Each day of violation constitutes a separate offense.
AB716,5,65
(1)
This act takes effect on the first day of the 4th month beginning after
6publication.
