MS HB540

Effective July 1, 2010, manufacturers, wholesalers, and retailers are prohibited from selling or distributing children's products containing lead at more than 0.009 percent by weight (90 parts per million), cadmium at more than 0.004 percent by weight (40 parts per million), or phthalates at more than 0.10 percent by weight (1,000 parts per million).

The Department of Environmental Quality, in consultation with the Department of Health, may adopt rules to lower the lead limit to 0.004 percent by weight (40 parts per million) if determined feasible and necessary to protect children's health.

"Children's products" include toys, children's cosmetics, children's jewelry, teething products, sleep aids, feeding products, children's clothing, and car seats.

Specific product categories are exempt from the ban, including batteries, electronics, sporting equipment, bicycles, video games, chemistry sets, BB guns, roller skates, scooters, and pocket knives.

Children's cosmetics and jewelry are defined as products made for, marketed to, or marketed for use by children under age twelve, including items sold in children's sections of stores or online retailers.