by Gongwer News Service
April 24, 2009

With the state’s budget situation still front and center of government concern, lawmakers got to play around, of a fashion, when they returned to session after a two-week break.

Despite a fair share of lobbying by Democrats that included opening the week by standing next to a giant rubber duck on the Capitol lawn, legislation that would create a list of chemicals in children’s toys seems to have little support from Republicans and may end up in the hands of the federal government.

The House Great Lakes and Environment Committee met twice on the seven-bill package, which would require the Department of Community Health to create a list of chemicals of concern and would require toy manufacturers to submit to the department pertinent information about their products.

Anyone with children knows that a child automatically puts anything he or she picks up into his or her mouth, said committee chair Rebekah Warren (D-Ann Arbor), standing outside the Capitol Monday to announce the legislation. And many popular toys have allowable small levels of chemicals like arsenic and bromine which could have severe effects on child brain development, she added.

Rep. Mark Meadows (D-East Lansing) said as a parent and grandparent he wanted to know that other parents and grandparents have information on the chemicals that could affect their children.

Ms. Warren said that under the legislation, if a company refused to list the chemicals used in the manufacture of its toys, it could be fined and see the toys removed from the shelves.

But reaction during committee testimony was mixed, from consumer advocates saying random testing has shown levels of harmful chemicals in toys and, therefore, the state needs a law to force manufacturers to disclose information about their products, to manufacturers acknowledging some recent safety concerns but saying that they have already taken steps to improve the safety of toys without new regulations in place.

Kevin Fisk with the Grocery Manufacturers Association said the bills as structured could leave manufacturers liable for chemical residue that may come from the packaging for the product, not from the product itself.

Manufacturers said the bills should also take into account the potential exposure to a chemical, not just its presence. Others argued against the use of preliminary studies to support listing a toy, saying it could lead to unnecessary listings because of inaccurate information.

But Rep. Kate Segal (D-Battle Creek) said the legislation would allow companies to provide narrative information that would cover such issues as why the chemical is necessary for the manufacture of the product or it how it is encased in a way to prevent exposure.

Business groups took a familiar stance, saying Michigan would further erode its competitive edge by creating state-specific regulations that businesses wouldn’t have to deal with in other parts of the country.

They said if government creates a list, it should be at the federal level so it is standardized across states and to avoid the estimated $500,000 it could cost per state to run the program.

The Michigan Manufacturers Association said at a time when Michigan is cutting its wetlands program to save $2 million, lawmakers shouldn’t add a costly state program that the federal government should be overseeing in the first place.

On that note, the committee on Thursday unanimously passed a resolution to ask the federal government to create the type of mandates Michigan is seeking.

Rep. Rick Jones (R-Grand Ledge) said he supports the resolution because the “federal government must step in” to do what he believes the package before the committee won’t achieve.

“I’m troubled by this legislation,” he said. “I don’t think enough work was put in. No one here wants toys with lead in them, but this isn’t going to accomplish it.”

While the committee vote is still at least a week away, if Mr. Jones’ comments are any indication, support for the package will likely fall along partisan lines. That means it should make it out of the Democrat-dominated House but will likely die in the Senate unless it can pick up steam with some Republicans in that chamber.

For nearly 50 years in Michigan, Gongwer News Service has provided independent, comprehensive, accurate and timely coverage of issues in and around Michigan’s government and political systems. For subscription information, including a free trial, visit Gongwer online.