Selling products in Illinois may require that your products comply with additional safety, chemical, labeling, and certification requirements. This guide serves as an introduction to Illinois state regulations covering infant’s products, children’s products, electronics, furniture, and other consumer products.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Illinois. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Toxin-Free Toddler Act
The Toxin-Free Toddler Act prohibits the import, manufacturer, and sales of children’s food or beverage containers that contain Bisphenol A (BPA).
The Act covers food and beverage containers that are designed to be used by children under the age of 3, including:
This Act bans children’s food or beverage containers that contain BPA.
To ensure that the products comply with the Toxin-Free Toddler Act’s BPA prohibition requirement, prior to selling your products in Illinois, you shall contact a lab testing company, perform the necessary tests and attain a valid test report.
Lead Poisoning Prevention Act
The Lead Poisoning Prevention Act sets limits for the lead content contained in children’s products such as jewelry, toys, and child care products sold in the State of Illinois.
This Act applies to some categories of children’s products, including:
a. Jewelry made for children under the age of 12 years old (e.g., bracelet, earrings, necklaces)
b. Child care articles used by children under the age of 6 with functions to facilitate sleep, relaxation, feeding, or teething (e.g., soothers, pacifiers, teethers
c. Toys intended for children under the age of 12 that containing external coating paint (e.g., plastic toys, children’s playful musical instruments)
The Lead Poisoning Prevention Act of Illinois set up the requirements for maximum allowable lead content in children’s products. Specifically, it requires that:
a. If any component of the product contains over 0.06% of lead by weight, then the children product is not allowed to be sold
b. If the children’s product has any components with a concentration of lead above 0.004% but below 0.06% by weight, it can be sold with a warning label
c. If each component of the children’s product has less than 0.004% of lead by weight, it can be sold without a warning label
The warning statement for children’s products or components that contain a concentration of lead between the level of 0.004% – 0.06% should be worded in a similar fashion:
“WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED.”
The warning label should be placed on the packaging of the children’s products.
Importers and manufacturers of children’s products must verify that their products comply with the lead content requirements of the Lead Poisoning Prevention Act. Therefore, it is often necessary to have their products tested by a third-party lab agency prior to selling them in Illinois.
Cadmium-Safe Kids Act
The Cadmium-Safe Kids Act limits cadmium content in children’s jewelry sold in the State of Illinois.
The Cadmium-Safe Kids Act applies to the following jewelry that is marketed to children that are younger than 12 years old:
- Cuff link
- Hair accessory
- Decorative pin
- Tongue ring
Children’s jewelry that contains cadmium exceeding 0.0075% by weight in the accessible substrate, external coating, or paint of the jewelry is prohibited in the State of Illinois.
The testing method to determine cadmium in defined children’s jewelry should be the solubility testing for heavy metals specified in the following standard: ASTM F 963 on Safety Specification for Toy Safety.
Lab testing is usually necessary to confirm the amount of cadmium in regulated products, according to the solubility testing for heavy metals specified in the ASTM F 963 on Safety Specification for Toy Safety. Companies such as SGS, Intertek, and TUV SUD offer this type of test.
Environmental Protection Act
The Environmental Protection Act of Illinois establishes a unified, state-wide program to protect the water, air, land, and the safety of humans from dangerous chemicals.
The Environmental Protection Act concerns the leakage and exposure of chemical substances to the environment and humans. The Act regulates some specific categories of products, via specific bills, such as:
- Thermal paper
- School equipment
The act includes several bills that regulate specific categories of products. Importers or manufacturers of each product covered should follow the therein requirements.
HB 2076 – Bisphenol-A Ban on Paper Receipts
Illinois House Bill 2076 forbids the import, manufacture, sales, and distribution of thermal paper containing Bisphenol-A (added to the paper coating).
The thermal paper covered by HB 2076 includes the following types used in business transactions in locations like banks, restaurants, shopping malls, and boutique shops:
- Records of receipts
- Records of credits
- Records of withdrawals
This bill exempts thermal paper made of or containing recycled material.
SB 2551- Mercury Ban on School Equipment
Senate Bill 2551 prohibits the use of the following mercury items in primary and secondary schools in Illinois:
- Bulk elemental mercury
- Chemicals containing mercury compounds
- Mercury-added instructional equipment and materials
It exempts mercury-added measuring devices and other mercury-added products.
SB 1241 – Mercury Ban on Thermostats
Senate Bill 1241 prohibits the sale of mercury thermostats in the State of Illinois.
The product scope covered by SB 1241 is mercury thermostats used to sense and control room temperature in residential, commercial, and industrial buildings. It exempts mercury thermostats used to sense and control the temperature as a part of a manufacturing or industrial process.
Importers or manufacturers of the products covered by the act should follow the chemical restriction requirements concerning their specific product. This means that lab testing to determine the content level of restricted chemicals is often necessary.
Some cross-nation lab testing agencies such as SGS, and TUV SUD offer testing services for assessing the level of Bisphenol-A, mercury, and other substances.
Mercury-added Product Prohibition Act
The Mercury-added Product Prohibition Act prohibits the sales of certain mercury-containing products in the State of Illinois.
This Act forbids the sales of the following type of mercury-containing products:
- Holiday decorations
- Mercury fever thermometers
As explained, the above-listed mercury-containing products are prohibited to be sold in the State of Illinois.
Importers and manufacturers of products covered by the Mercury-added Product Prohibition Act must verify that their products do not contain mercury. Performing relevant lab testing can confirm the level of mercury on their products prior to selling the products in the State of Illinois.
Consumer Electronics Recycling Act
The Consumer Electronics Recycling Act establishes a statewide system to recycle and reuse certain electronic devices that are discarded by Illinois residents. This Act requires importers or manufacturers of certain electronics to participate in the recycling program and label their products accordingly.
The Consumer Electronics Recycling Act applies to the following electronic products:
- Small-scale servers
- Computer monitors
- Electronic keyboards and mice
- Printers, fax machines, and scanners
- DVD players, DVD recorders, and VCRs
- Digital converter boxes, cable receivers, and satellite receivers
- Portable digital music players
- Video game consoles
The Consumer Electronics Recycling Act requires importers, manufacturers, or retailers of the covered electronic device to register with the Illinois Environmental Protection Agency and provide the following information:
a. A list of all brands and labels of covered electronic devices they plan to sell in Illinois
b. Total weights by covered electronic device category sold in Illinois
Importers or manufacturers of covered electronic devices must also establish the electronics waste recycling program and provide information about collection sites in the elected counties and guidance to the residents of Illinois on how to recycle the electronic devices covered by this Act. The number of the collection sites in each elected county depends on the population density of the county.
If you want to know more about the electronic waste program, the recycling sites, and other requirements, please visit the official website of the Consumer Electronics Recycling Act.
The Consumer Electronics Recycling Act requires that the covered electronic devices must bear a permanently fixed and visible label with the brand name on it.
Furniture Fire Safety Act
The Furniture Fire Safety Act of Illinois requires that seating furniture used in public areas must meet the test and flammability requirements of California Technical Bulletin 116 and 117 or California Technical Bulletin 117-2013.
The Furniture Fire Safety Act applies to seat furniture, including the ones that are for children, that contain fabric cover or filling materials like cotton, wool, feathers, down, or other similar materials.
Examples of seating furniture include:
- Bean bags
Note that this Act only applies to seating furniture that is used in public areas in the following venues:
- Public auditoriums
- Daycare centers
- Hotels and motels
The Act is not applicable to seating furniture used in household areas nor mattresses.
The Furniture Fire Safety Act requires that the covered seating furniture that is placed in the above-mentioned types of buildings must meet the flammability standard and labeling requirements of California Technical Bulletin 116 and California Technical Bulletin 117, or California Technical Bulletin 117-2013.
This Act requires that seating furniture conforming to the flammability standards explained above should bear a permanent label on the surface of the article with the following statement:
THIS ARTICLE IS MANUFACTURED FOR USE IN PUBLIC OCCUPANCIES AND MEETS THE FLAMMABILITY REQUIREMENTS OF CALIFORNIA TECHNICAL BULLETIN 116 AND TECHNICAL BULLETIN 117. HOWEVER, CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES.”
Lab testing is often necessary to determine compliance with the California Technical Bulletin 117-2013, or California Technical Bulletin 116 and California Technical Bulletin 117 requirements. In addition, importers or manufacturers must maintain the test records and provide them to the buyers or state authorities, when necessary.
Brominated Fire Retardant Prevention Act
The Brominated Fire Retardant Prevention Act of Illinois prohibits the import, manufacturer, sales, and distribution of products that contain certain brominated flame retardants above a certain limit.
This Act applies to products that could be treated with brominated flame retardants to increase the fire protection performance, such as:
- The plastic housing of electronics and computers
- Circuit boards
- Foam and textile materials in furniture
The Brominated Fire Retardant Prevention Act prohibits products or a flame-retarded part of a product containing more than 0.1% of pentaBDE or octaBDE by weight, which are subcategories of brominated flame retardants.
If you are importers or manufacturers of electronics, furniture, furnishing, or textile products in Illinois, you should confirm whether your products contain fire retardants restricted by the Brominated Fire Retardant Prevention Act of Illinois. This can be done by conducting lab tests on their products prior to selling them in the market.
Toxic Packaging Reduction Law
The Toxic Packaging Reduction Law Illinois restricts the use of certain heavy metals contained in product packaging and its components.
Packaging covered by this law includes consumer product packaging and food packaging such as:
- Carrying cases
- Rigid foil
This law also covers components on the product packaging, such as:
This law requires that the following types of heavy metal on the packaging or its component shall not exceed 0.01% by weight:
- Hexavalent chromium
This law requires importers or manufacturers of packaging to prepare a Certificate of Compliance stating that a package or packaging components comply with the heavy metal concentration requirements set forth by the law. Importers or manufacturers should maintain the Certificate of Compliance and submit it to the state authorities when being requested.
Importers or manufacturers of covered product packaging should conduct heavy metal lab tests on their products to confirm that the concentration of restricted heavy metal is below the 0.01% threshold. Components on product packaging such as the ink, coating, paper label, and other parts of the product packaging should also be tested.
For more information, visit the link beside each regulation in the table below.
|Toxin-Free Toddler Act||Link|
|Lead Poisoning Prevention Act||Link|
|Cadmium-Safe Kids Act||Link|
|Environmental Protection Act||Link|
|Mercury-added Product Prohibition Act||Link|
|Consumer Electronics Recycling Act||Link|
|Furniture Fire Safety Act||Link|
|Brominated Fire Retardant Prevention Act||Link|
|Toxic Packaging Reduction Law||Link|