Companies selling products in Michigan must ensure compliance with local safety standards, substance restrictions, labeling, and testing requirements. In this guide, we cover Michigan state regulations applicable to jewelry, household items, electronics, and other products.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Michigan. 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.
Children’s Jewelry – Use or Application of Lead-Bearing Substance Prohibited
The Public Health Code of Michigan prohibits companies from selling children’s jewelry that contains lead coating.
This rule applies to children’s jewelry such as:
Under Michigan law, it is illegal for any company to use or apply a lead-bearing substance in or on any children’s jewelry in the State of Michigan.
Any party that is selling children’s jewelry in Michigan should make sure that their jewelry or jewelry components do not include any lead-containing coating, by performing the necessary assessment. Lab testing might be necessary to confirm that the product’s coating is lead-free.
Lead Poisoning Prevention Program
The Lead Poisoning Prevention Program establishes selling rules for lead-based paint and products that are painted with lead-based paint in Michigan.
This Lead Poisoning Prevention Program applies to lead-based paint and consumer products that contain lead-based paint or lead readily accessible parts, such as:
- Household products
- Kitchen utensils
- Food contact packaging
The Lead Poisoning Prevention Program sets up rules for selling lead-based paint and products that contain lead, as below.
This Program prohibits companies to sell or give away any lead-based paint unless permitted by federal or state regulation, and under the condition that the lead-based paint container bears the following notice:
“Warning! Contains lead compound.
Do not apply to toys, furniture, or any other surfaces which are readily accessible to children. Wash hands thoroughly after using and before eating or smoking.”
Certain items lead-containing products
This Lead Poisoning Prevention Program prohibits any company from selling household or decorative products that are painted with lead-based paint, or unpainted products with lead readily accessible parts, such as:
If you are not sure whether the paint or the products you are selling in Michigan contain any amount of paint containing lead, you should test your products in a laboratory, such as SGS, Intertek, or other state or federally recognized companies that provide lead testing services.
Electronic Waste Takeback Program
The Electronic Waste Takeback Program establishes rules for manufacturers and retailers of personal computers. These rules involve registration, recycling, and labeling requirements.
The Electronic Waste Takeback Program only covers computers used by individuals and small businesses with 10 or fewer employees.
Here are some examples of covered products:
- Desktop computers
- Laptop computers
The Electronic Waste Takeback Program requires manufacturers of computer equipment and television must do the following:
a. Register with the Department of Environment, Great Lakes, and Energy (EGLE) before selling
b. Establish a recycling program and a website site with recycling information and methods for individuals and small businesses with less than 10 employees
c. Submit information about their takeback program annually, i.e. number of units collected, names of collection or recycling agencies involved
d. Label the brand name on every unit of the covered products
e. Accept up to 7 covered electronic devices from a single consumer in a single day
In addition, retailers can only sell new computers and televisions produced by registered manufacturers.
Manufacturers must submit the registration form to the EGLE prior to selling the products. They should also submit takeback program information to EGLE revealing the number of units collected and names of collection or recycling agencies.
Manufacturers must place a label on the outer shell of the covered products indicating the brand name.
Under the Mercury Legislation of Michigan, there are several acts prohibiting the sales of certain mercury-added products.
The Mercury Legislation covers the following products:
- Blood pressure devices
- Medical devices
The Mercury Legislation of Michigan prohibits the sales of certain mercury-added products in Michigan, as outlined below.
Mercury Thermometer Sales Ban
Public Act 578 of 2002 prohibits anyone from selling or offering mercury thermometers in Michigan.
Mercury Thermostat Sales Ban
Public Act 492 of 2006 bans the sale of mercury-containing thermostats in Michigan.
Mercury Blood Pressure Device Sales/Use Ban
Public Act 493 of 2006 prohibits the sale of mercury-added blood pressure devices except when these devices are deemed warranted to be used in homes or calibration of mercury-free devices in health care facilities
Mercury-containing Medical Device(s) Sales Ban
Public Act 494 of 2006 bans the sale of certain mercury-containing medical devices in Michigan, including:
- Esophageal dilators
- Bougie tubes
- Gastrointestinal tubes
Lab testing might be necessary to confirm that your product is mercury-free. You can contact a reputable laboratory and arrange the relevant tests for your products.
Bedding and Upholstered Furniture Law
The Bedding and Upholstered Furniture Law establishes rules for manufacturers of bedding and upholstered furniture when selling in the state of Michigan.
This Law applies to bedding products and upholstered furniture such as the following:
- Upholstered springs
- Sleeping bags
- Decorative pillows
This law requires that each manufacturer of covered products must do the following:
a. Register with the Health Department and apply for the permit before selling in Michigan
b. Report to the Health Department the number of articles sold in the previous year
This law requires that companies that sell bedding or upholstered furniture should affix a label made of cloth or other suitable material to the products. The size of the label should be at least be 2*3 inches. This label should be permanently and firmly attached to the products and do not flake when abrades.
The label should display the following information written in English:
a. Name of the material or materials used to fill such articles of bedding
b. Date of manufacturer
c. Name and address of the manufacturer
d. Registration number
e. The words “All New Material” in letters at least ⅛ of one inch high (if the product is made of new materials ) in white color
Other information should be indicated on the label such as:
a. When the product contains foam, the label should state whether it is rubber or synthetic foam and the form of the foam (e.g. mold, sheet, flake, shredded). The label should also indicate the thickness of the rubber or synthetic foam pads or sheets.
b. When the product contains artificially colored filling materials, the label should contain the word “colored” prior to the name of such materials.
For more information on the labeling requirements for bedding and upholstered items, you can visit the link “Bedding and Upholstered Furniture Law” in the table below.
Liability of Manufacturer or Seller
The Revised Judicature Act of 1961 defines the liability for product manufacturers and sellers in the State of Michigan.
The product liability rules apply to a broad range of consumer products such as:
- Electronic products
- Fitness equipment
- Cosmetics and personal care products
- Household appliances
- Child care products
- Cleaning products
Section 600.2947 of the Revised Judicature Act of 1961 states that product manufacturers are responsible to ensure the safety of the product to the users when designing, making, assembling, or during other production processes.
It also defines the product liability limitations for manufacturers and sellers as follows:
a. Product manufacturers or sellers are not liable in a product liability action for the harm caused by an alteration of the product unless the alteration was reasonably foreseeable
b. Product manufacturers or sellers are not liable in a product liability action for harm caused by misuse of a product unless the misuse was reasonably foreseeable
c. Product manufacturers or sellers are not liable in a product liability action if the user was aware that use of the product is going to create an unreasonable risk of personal injury before using the product and voluntarily exposed himself or herself to that risk
This section also specifies that manufacturers are liable for failing to provide adequate warning information to the users when it is required by state or federal regulations.
|Use or Application of Lead-Bearing Substance Prohibited||Link|
|Lead Poisoning Prevention Program||Link|
|Electronic Waste Takeback Program||Link|
|Bedding and Upholstered Furniture Law||Link|
|Liability of Manufacturer or Seller||Link|