(a) Within 18 months of the adoption of the ordinance creating this Chapter, the Department of Public Health, in consultation with the Department of the Environment, shall compile and promulgate a list of specific products covered by the provisions of Section 34.4, focusing on toys and child care products likely to be placed in a child's mouth, such as teething rings, rubber ducks, plastic books, and child feeding products, such as bottles, plates, or pacifiers. This list shall be updated on an on-going basis as information becomes available and resources permit, and shall be posted in Departmental web sites.
(b) Within 18 months of the adoption of the ordinance creating this Chapter, the Department of Public Health, in consultation with the Department of the Environment, shall develop an implementation plan that includes publicizing the list of proscribed products and notifying merchants and other parties of their responsibilities under the Chapter.
(c) Six months after a product has been placed on the Department of Public Health's list of proscribed products under subsection (a), the manufacture, sale, or distribution in commerce within the City of such product may be punished by administrative penalties in the amount of $100.00 for the first violation, $250.00 for the second violation within a twelve-month period, and $500 for the third and subsequent violations within a twelve-month period.
(d) Twelve months after a product has been placed on the Department of Public Health's list of proscribed products under subsection (a), the manufacture, sale, or distribution in commerce within the City of such product shall be a misdemeanor, punishable by a fine of up to $1,000.00, imprisonment in the county jail for a term not to exceed six months, or both.
(e) For purposes of subsections (c) and (d), each individual item that is manufactured, sold, or distributed in commerce contrary to the provisions of this Chapter shall constitute a separate violation.
(f) Any person or entity who manufactures, sells, or distributes in commerce within the City any toy or child care product capable of being placed in a child's mouth, or any child feeding product, shall advise the Department of the Environment of all information in its possession, custody, or control that reasonably may demonstrate that the product has been made with or contains the phthalates listed in Section 34.4 in concentrations exceeding 0.1 percent.
(g) The Department of Public Health, in consultation with the Department of the Environment, shall issue rules and regulations necessary or appropriate for the implementation and enforcement of this Chapter. The regulations shall describe the roles of City agencies and the responsibilities of retailers, distributors, and manufacturers of toys, child care products, and child feeding products doing business in the City. The Department, shall by regulation, require retailers and distributors of toys, child care products, and child feeding products doing business in the City to take reasonable steps to obtain and forward to the Department information from manufacturers regarding the phthalate content of such products.
(h) Violations of any Departmental regulations issued pursuant to this Article may be punished by administrative penalties in the amount of $100.00 for the first violation, $250.00 for the second violation of the same regulation within a twelve-month period, and $500.00 for the third and subsequent violations of the same regulation within a twelve-month period.
(Ord. 86-07, File No. 070078, App. 4/27/2007)