Benchbook 3 Illinois laws with summary
SUMMARY: ILLINOIS LEAD POISONING PREVENTION ACT and
ILLINOIS LEAD POISONING PREVENTION CODE
I. Purpose
The purpose of the Illinois Lead Poisoning Prevention Act and Code is to reduce and prevent the occurrence of lead poisoning in the children of Illinois by:
- Establishingadefinitionof“leadbearingsubstance.”(410ILCS45/2)
- Prohibiting the use or application of a lead bearing substance:
- in or upon any exposed surface of a dwelling or dwelling unit; or
- in or around exposed surfaces of structures frequented by children; or
- in or upon objects used, installed, or located in or upon areas or structures that, in the ordinary course of use, are accessible to or chewable by children; or
- in or upon any items used by or intended to be chewable by children. (410 ILCS 45/3-5)
- Prohibiting the sale of items and objects containing lead bearing substance. (410 ILCS 45/4 and 45/5)
- Providing for warning statements on certain lead bearing substances. (410 ILCS 45/6)
- Requiring the screening or risk assessment of all children six years of age and under. (410 ILCS 45/6.2)
- Establishing elevated blood lead levels (77 Ill. Adm. Code 845.20) and authorizing the Illinois Department of Public Health (IDPH) to determine high/low risk areas in Illinois. (410 ILCS 45/6.2)
- Enacting a procedure for reporting lead poisoning and for follow-up. (410 ILCS 45/7)
- Establishing a Lead Poisoning Screening, Prevention, and Abatement Fund in the State treasury. (410 ILCS 45/7.2)
- Authorizing the IDPH to enact procedures upon finding of a child with an elevated blood lead level and adopt rules regarding acceptable methods of mitigating lead hazards. (410 ILCS 45/8 and 45/9)
