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and other persons as imposed by subsection 1, taking into | consideration the criteria listed in subsection 2.__To the extent | practicable, the rules must ensure that fees are collected on | products sold by distributors and wholesalers.__In determining the | total amount of fees and the specific fee schedule, the department | shall also consider similar fee-funded lead poisoning prevention | programs as adopted by other states.__The costs for development of | these rules and for administration of the fund must be reimbursed | from the fees collected.__The rules must specify that the first | payment of fees is due on or before April 1, 2007.__Rules adopted | pursuant to this subsection are routine technical rules as defined | in Title 5, chapter 375, subchapter 2-A. |
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| | 4.__Exemption.__A fee may not be assessed upon a person if | that person demonstrates, to the satisfaction of the | commissioner, that the lead or the product containing lead with | which it is or was associated does not or did not result in | quantifiable persistent environmental or occupational lead | hazards. |
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| | Sec. 4. Report. The Department of Health and Human Services, | Bureau of Health shall report to the Joint Standing Committee on | Health and Human Services by January 15, 2006 with | recommendations, if any, for additional legislation needed to | fully implement the anticipated fee schedule under development by | rules as required by the Maine Revised Statutes, Title 22, | section 1322-F, subsection 3. The Joint Standing Committee on | Health and Human Services may report a bill to the Second Regular | Session of the 122nd Legislature in response to the | recommendations of the Bureau of Health. |
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| | The bill creates the Lead Poisoning Prevention Fund to support | grants, contracts and programs for educational outreach to | prevent lead poisoning in children and adults. The bill creates | a fee to be imposed on manufacturers and other persons who | contribute to environmental and occupational lead hazards. The | bill requires the Department of Health and Human Services, Bureau | of Health to adopt rules by July 1, 2006 to assess fees based on | a person's relative contribution to lead hazards, the lead | content of products, releases of lead to the environment or known | occupational lead exposures. The Bureau of Health shall report | to the Joint Standing Committee on Health and Human Services by | January 15, 2006 with recommendations to implement the fee | schedule. |
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