States Consider Ban On Lead Bearing Substances For Products Accessible To Children

The Indiana Senate has introduced a bill (SB 102) that would ban the use of lead-bearing substances for products that could "reasonably be expected to be accessible to a child." The bill is similar to legislation passed in Illinois and a bill that was introduced in Michigan. The bill would cover any product "accessible to a child" which could be construed very broadly by a state regulator. Under the bill, a "lead-bearing substance" would contain more than 0.06% lead by weight, and a "child" is defined as being 6 years old or less. The legislation does not provide for private suits, so enforcement would be at the discretion of the state.