Testimony before the Finance Committee
Maryland Senate
January 30, 2008
SB 97: Lead-Containing Products – Prohibition
Position: FAVORABLE
Chairman Middleton, and members of the Finance Committee, I thank you for the opportunity to submit testimony on behalf of Maryland PIRG in support of Senate Bill 97. My name is David Kosmos and I’m a program associate at the Maryland Public Interest Research Group which is a non-profit, non-partisan consumer advocacy group dedicated to serving the public interest. We urge you to vote in favor of SB 97 to protect the children of Maryland from the harmful effects of lead poisoning.
Lead is a powerful neurotoxin that has threatened the health and safety of multiple generations of children over the past decades. It has been banned in paint since 1977, and in gasoline for nearly as long. Faced with the growing epidemic of lead poisoning in Maryland, this committee and the Maryland General Assembly have taken some very important steps to protect Maryland’s children since 1994. By ensuring that lead-tainted toxic toys are not manufactured, imported, or distributed to anybody in Maryland, SB 97 is another critical stride in removing lead from the stream of commerce and combating childhood lead poisoning.
Children face an increased risk to the dangers of lead poisoning since young children often put their hands and other objects in their mouths; their growing bodies absorb more lead; and children’s developing brains and nervous systems are more sensitive to the damaging effects of lead. According to the Agency for Toxic Substances and Disease Registry, exposure to low doses of lead can cause IQ deficits, attention deficit hyperactivity disorder, and deficits in vocabulary, fine motor skills, reaction times, and hand-eye coordination.
While the Consumer Product Safety Commission only takes action on lead-tainted toys when levels are detected above 600ppm, the American Academy of Pediatrics has recommended lowering that allowable level to 40ppm. 40ppm is recommended because it is the upper range of lead in uncontaminated soil. SB 97 establishes a ‘bright-line’ level of 200ppm immediately upon passage. This ‘bright-line’ standard is important because the federal legislation is restricted to “accessible” lead, which is more subjective than the total lead contained in a product. A child who swallows a metal pendant could be exposed to all of the lead in the item. Furthermore, the current CPSC policy only applies to components instead of the item as a whole. For example, each charm on a
bracelet with multiple charms could contain up to 175 micrograms of accessible lead without triggering any agency action, but still expose a child to dangerous levels of lead.
Legislation is moving in Congress to ultimately lower lead standards to 100ppm. Even if passed, that standard won’t be reached for another six years, and Maryland must move quicker. By passing SB 97, the Maryland General Assembly will accelerate the proposed federal timeline to give Maryland’s children the protection they need right now. While we commend Congress for initiating action on a federal lead standard, the job isn’t done yet. While the House of Representatives has already passed HR 4040, the CPSC Reform Act establishing a 100ppm lead limit, President Bush didn’t mention the CPSC or toy safety once in his State of the Union. Maryland deserves stronger lead limits, but since the federal government is too slow to protect us, SB 97 allows us to protect ourselves.
When it comes to protecting our children, every step must be taken to ensure proper development, health and safety. The dangers that lead poisoning poses are evident and well documented. There is no reason to allow lead in children’s toys, and Maryland PIRG urges the passage of SB 97 to remove toxic toys from store shelves.