Trial Engrossment of Amendment A04771 to House Bill 1333 P.N. 1721, Regular Session 2023-2024

A04771

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1333

Session of

2023

INTRODUCED BY DAWKINS, DALEY, MADDEN, R. MACKENZIE, HILL-EVANS,

KINSEY, HADDOCK, SANCHEZ, MENTZER, MALAGARI AND GREEN,

JUNE 7, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 26, 2023

AN ACT

Amending the act of July 25, 1961 (P.L.857, No.372), entitled

"An act regulating the manufacture of stuffed toys intended

for sale, gift, or use in Pennsylvania; providing for

registration of such manufacturers, the paying of a fee for

such registration, the issuance of a certificate of

registration to such manufacturers; providing that material

used in such toys shall be new and free from dangerous or

harmful substances; providing for disinfection of such

material containing products of animal origin; and

prescribing penalties," further providing for definitions,

for manufacturing, for materials and for enforcement; and

providing for labeling and for report.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2 of the act of July 25, 1961 (P.L.857,

No.372), referred to as the Stuffed Toy Manufacturing Act, is

amended by adding definitions to read:

Section 2. As used in this act--

* * *

The term "reclaimed material" shall mean any material that

would have otherwise been disposed of as waste and has been

collected and reclaimed as material input, in lieu of new

primary material, for recycling purposes.

The term "recycled material" shall mean any material that has

been reprocessed from reclaimed material by means of a

manufacturing process and made into a final product or into a

component for incorporation into a final product.

Section 2. Sections 3(a), 5 and 9 of the act are amended to

read:

Section 3. (a) Manufacturers of all stuffed toys

manufactured in this Commonwealth or intended for sale, gift or

use in this Commonwealth shall register with the department on

forms as provided by the department. The forms shall set forth,

among other items, the name and address of the manufacturer, the

type of stuffed toys manufactured, the composition of the

stuffing and such other information as the department may

require. A manufacturer may not use child labor, forced labor or

slave labor in the production or making of stuffed toys. A fee

shall accompany each registration. This registration shall be

valid for a period of one (1) year and may be renewed, annually,

by filling out of such forms as shall be prescribed by the

department, which form shall be accompanied by payment of a fee.

[The department shall set the fees required under this section

by regulation.]

* * *

Section 5. All material used in stuffed toys shall be new or

recycled material and free from dangerous or harmful chemicals

or other substances and shall be free from oil, dirt, refuse and

similar substances. Manufacturers using material [in stuffed

toys containing products of animal origin must obtain a

certificate of disinfection from the department on forms

provided by the department.] either inside of the stuffed toys

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or any part covering the outside of the stuffed toys that

contain products of animal origin must ensure that the material

has been properly sterilized by following a process approved by

the department. These manufacturers must also obtain a

certificate of disinfection from the department on forms

provided by the department. Such application shall contain with

it a random sample of the said product of animal origin as it is

contained in stuffed toys ready for market. In disinfection of

such material only processes approved by the department may be

used. In determining what processes shall be approved, the

department shall insure that the said product of animal origin

shall be clean and pure and neither harmful nor dangerous to

potential users thereof. Stuffed toys shall also be subjected to

a flammability test and any stuffed toy determined by the

department to be highly inflammable and dangerous shall not be

approved.

Section 9. [Prosecutions for violations of this act or the

regulations thereunder shall be in the form of summary

proceedings before a district justice. Any person who violates

any of the provisions of this act shall, in a summary

proceeding, be sentenced to pay a fine of not less than three

hundred dollars ($300.00) nor more than five hundred dollars

($500.00) for each offense, and in default of payment thereof,

undergo imprisonment of not less than thirty days nor more than

sixty days.] The department has the authority to enforce this

act. An enforcement action for violations of this act or the

regulations thereunder is subject to the provisions of 2 Pa.C.S.

(relating to administrative law and procedure). Any person who

violates any of the provisions of this act shall pay a fine of

not less than three hundred dollars ($300.00) nor more than five

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hundred dollars ($500.00) for each offense.

Section 3. The act is amended by adding a section sections

to read:

Section 9.1. (a) Each stuffed toy manufactured for sale,

delivered, consigned or possessed for sale, sold or offered for

sale, gift or use in this Commonwealth shall have securely

affixed to it a tag or label. The form, design, color or size of

the label is left to the discretion of the manufacturer or

importer. The information required on the label shall be clearly

legible and in sufficient size type so that it may be readily

discerned.

(b) The label of a stuffed toy shall bear the following

information:

(1) A statement that the type of material used in the

manufacture of the stuffed toy is new, recycled or a mix of new

and recycled materials.

(2) The registration number of the manufacturer or importer

assigned by the Commonwealth preceded by the abbreviations "REG.

NO. PA."

(3) CERTIFICATION THAT THE MANUFACTURER OR IMPORTER OF THE

STUFFED TOY DOES NOT ENGAGE IN CHILD LABOR, FORCED LABOR OR

SLAVE LABOR PRACTICES.

registration or the person's designated agent shall use the

registration number.

Section 10. (a) The department shall issue a report by

March 31 of the year following the effective date of this

section, and each March 31 thereafter. The report shall include:

(1) The total number of manufacturers registered.

(2) The total number of Pennsylvania manufacturers

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registered.

(3) The total number of manufacturers registered by country.

(4) The total number of stuffed toys inspected by the

department broken down by the number of stuffed toys approved

for sale or distribution and the number of stuffed toys rejected

for sale or distribution.

(b) The report shall be provided to:

(1) The chairperson and minority chairperson of the Labor

and Industry Committee of the Senate.

(2) The chairperson and minority chairperson of the Labor

and Industry Committee of the House of Representatives.

Section 4. This act shall take effect in 60 days.

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