An Act To Harmonize Maine's Laws Governing Toxic Chemicals in Children's Products with Those of Other States
Sec. 1. 38 MRSA §1695, as amended by PL 2013, c. 232, §1, is further amended to read:
§ 1695. Disclosure of information on chemicals of high concern and priority chemicals
Not later than January 1, 2016, the department shall adopt rules to implement this subsection. The rules adopted pursuant to this subsection:
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
The manufacturer or distributor of a children's product that contains a priority chemical may provide additional information to the department regarding the potential for harm to human health and the environment from specific uses of the priority chemical.
Sec. 2. 38 MRSA §1695-A is enacted to read:
§ 1695-A. Identification of priority products
Sec. 3. Phthalates; rules. Not later than January 1, 2016, the Department of Environmental Protection shall adopt a rule pursuant to the Maine Revised Statutes, Title 38, section 1694 designating intentionally added di(2-ethylhexyl) phthalate, dibutyl phthalate, benzyl butyl phthalate and diethyl phthalate as priority chemicals and requiring manufacturers and distributors of children's products containing those phthalates to report to the department on the use of those phthalates in children's products, including any children's product containing one of those phthalates to which a pregnant woman may be exposed.
This bill amends the laws governing toxic chemicals in children's products in order to ensure consistency with similar laws enacted in other states.
The bill requires annual reporting of the use of chemicals of high concern in children's products sold in Maine, phased in over a 5-year period, with implementing rules adopted by January 1, 2016.
The bill requires the Commissioner of Environmental Protection to designate 3 priority products that contain a chemical of high concern or a priority chemical by January 1, 2017. Such a designation triggers an assessment of the availability of safer alternatives by the manufacturer or distributor of a priority product, as authorized by existing law.
The bill requires the Department of Environmental Protection to adopt, not later than January 1, 2016, a rule designating 4 phthalates as priority chemicals and requiring manufacturers and distributors of children's products containing those phthalates to report to the department.