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Ohio Issue 5, Toxic Substance Warning Initiative (1992)

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The Ohio Toxic Substance Warning Amendment, also known as Issue 5, was on the November 3, 1992 ballot in Ohio as an indirect initiated state statute, where it was defeated.[1] This amendment would have required businesses to provide warnings for toxic substances.

Election results

Ohio Issue 5 (1992)
ResultVotesPercentage
Defeatedd No3,587,73478.07%
Yes 1,007,882 21.93%

Election results via the Ohio Secretary of State.[2]

Text of measure

The language that appeared on the ballot:[3]

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Proposed Law

To enact Sections 3752.01 through 3752.99 of the Revised Code.

The proposed law would:

  1. Require businesses to provide labels and/or other warnings in conjunction with the use in consumer products or the environmental release of chemical substances determined on the basis of tests or other evidence to increase the normal risk of cancer or reproductive defects in animals or humans.
  2. Create a new tax on businesses that release or transfer toxic chemicals of one cent per pound per year on their emissions to be paid into a special fund. That tax and civil fines would pay for implementation, administration and enforcement of the law and would award grants to groups demonstrating a need to study environmental exposures to chemical substances. State and local government officials administer the program. State and local governments and private businesses with none or fewer employees are exempt from the law.
  3. provide for criminal penalties and civil fines for violations of the law. Civila penalties of up to $2,500 a day per exposure, and criminal penalties of 2-4 years in jail and up to $25,000 fine may be imposed. Attorneys fees may be awarded. Persons subject to the law must conduct inventories of chemicals and detailed area assessments under specified circumstances.

If adopted, this law would be effective on December 2, 1992.

A majority yes vote is necessary for passage.

Shall the proposed amendment be adopted?

See also

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