‘Sec. 1. 5 MRSA §8060, sub-§7 is enacted to read:
Sec. 2. 38 MRSA §1691, as enacted by PL 2007, c. 643, §2, is amended to read:
§ 1691. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
"Consumer product" does not include a food or beverage or an additive to a food or beverage, a tobacco product or paper or forest products or a pesticide regulated by the United States Environmental Protection Agency. "Consumer product" also does not include a drug or biologic regulated by the United States Department of Health and Human Services, Food and Drug Administration or the packaging of a drug or biologic regulated by the Food and Drug Administration if the packaging is regulated by the Food and Drug Administration. "Consumer product" also does not include an item sold for outdoor residential use that consists of a composite material made from polyester resins.
Sec. 3. 38 MRSA §1693, as enacted by PL 2007, c. 643, §2, is repealed and the following enacted in its place:
§ 1693. Identification of chemicals of concern
The department may periodically review and revise the list published pursuant to subsection 1. The department may add chemicals to the list if, in the judgment of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, the chemical meets one or more of the criteria in subsection 1.
Upon receipt of a petition under this subsection, the department shall notify interested persons and provide an opportunity for review and comment on the evidence submitted by the petitioner. The department shall make a determination within 180 days of receipt of the petition and notify interested persons of the basis for its decision. If the petition is granted, the department shall immediately remove the chemical from the list published pursuant to subsection 1.
Sec. 4. 38 MRSA §1693-A is enacted to read:
§ 1693-A. Identification of chemicals of high concern
Sec. 5. 38 MRSA §1694, as enacted by PL 2007, c. 643, §2, is amended to read:
§ 1694. Identification of priority chemicals
Effective July 1, 2012, a chemical is eligible for designation as a priority chemical only if that chemical has been identified and listed as a chemical of high concern pursuant to section 1693-A.
The commissioner shall designate at least 2 priority chemicals by January 1, 2011.
The commissioner shall adopt rules to implement the provisions of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 6. 38 MRSA §1695, sub-§1, as enacted by PL 2007, c. 643, §2, is amended to read:
Sec. 7. 38 MRSA §1696, sub-§1, as enacted by PL 2007, c. 643, §2, is amended to read:
If there are several available safer alternatives to a priority chemical, the board may prohibit the sale of children's products that do not contain the safer alternative that is least toxic to human health or least harmful to the environment.
A rule established pursuant to this subsection must specify the effective date of the prohibition, which may not be sooner than 12 months after notice of the proposed rule is published as required under Title 5, section 8053, subsection 5. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 8. 38 MRSA §1696, sub-§2, ¶¶A and B, as enacted by PL 2007, c. 643, §2, are amended to read:
Sec. 9. 38 MRSA §1697, sub-§§9 to 11 are enacted to read:
Sec. 10. 38 MRSA §1698, first ¶, as enacted by PL 2007, c. 643, §2, is amended to read:
The department is authorized to participate in an interstate clearinghouse to promote safer chemicals in consumer products in cooperation with other states and governmental entities. The department may cooperate with the interstate clearinghouse to classify existing chemicals in commerce into one of 4 5 categories: chemicals of high concern, chemicals of moderate concern, chemicals of potential concern, chemicals of unknown concern and chemicals of low concern.
Sec. 11. 38 MRSA §1699-A, sub-§2, as enacted by PL 2007, c. 643, §2, is amended to read:
Sec. 12. 38 MRSA §2322, sub-§8, as enacted by PL 2009, c. 579, Pt. A, §3, is amended to read:
Sec. 13. Delayed priority chemical reporting; retroactivity. Notwithstanding the Maine Revised Statutes, Title 38, section 1695, subsection 1, a manufacturer or distributor of a children's product containing a priority chemical identified pursuant to Title 38, section 1694 is not required to comply with the reporting requirements of Title 38, section 1695, subsection 1 until the effective date of this section. This section applies retroactively to July 8, 2011.’