An Act To Further Strengthen the Protection of Pregnant Women and Children from Toxic Chemicals
Sec. 1. 38 MRSA §1691, sub-§7-A is enacted to read:
Sec. 2. 38 MRSA §1691, sub-§8-A, as enacted by PL 2011, c. 319, §2, is amended to read:
Sec. 3. 38 MRSA §1694, sub-§2, as amended by PL 2011, c. 319, §5, is further amended to read:
Sec. 4. 38 MRSA §1695, as amended by PL 2011, c. 319, §6, is further amended to read:
§ 1695. Disclosure of information on chemicals of high concern and priority chemicals
The rules adopted pursuant to this subsection may phase in the effective date of the notice requirement in tiers that take into account the size of the manufacturer and the exposure potential of the product, as long as the rules require that the initial notices be submitted within 180 days and all notices be submitted within 5 years of the effective date of the rule. Rules adopted pursuant to this section 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. 5. 38 MRSA §1696, sub-§1-A is enacted to read:
Sec. 6. 38 MRSA §1696, sub-§2, as amended by PL 2011, c. 319, §8, is further amended to read:
Sec. 7. 38 MRSA §1697, sub-§8, as enacted by PL 2007, c. 643, §2, is repealed.
Sec. 8. Alternatives assessments. Not later than January 1, 2014, the Department of Environmental Protection shall amend its Chapter 883 rule to require manufacturers who reported use of the priority chemical nonylphenol ethoxylates to submit an assessment of the availability of safer alternatives, consistent with the requirements of the Maine Revised Statutes, Title 38, section 1695.
Not later than January 1, 2014, the Department of Environmental Protection shall amend its Chapter 882 rule to require manufacturers of food products packaged in metal cans to disclose their use of the priority chemical bisphenol A in the packaging of those products, consistent with the requirements of Title 38, section 1695.
This bill amends the laws governing toxic chemicals in children's products, commonly referred to as the "Kid-Safe Products Act." The bill defines "contaminant" and adds a publication of an authoritative state agency to the definition of "credible scientific evidence." The bill requires the Commissioner of Environmental Protection to name 2 additional priority chemicals annually beginning January 1, 2014, unless the criteria for such designation is not met. The bill requires reporting of chemical use for chemicals of high concern in children's products. The bill requires assessments of safer alternatives to priority chemicals in children's products by manufacturers or distributors. The bill repeals the exemption of food and beverage packaging not intended for children under 3 years of age. The bill authorizes the Board of Environmental Protection to require product labeling if it cannot make the findings necessary to prohibit sale of a children's product containing a priority chemical. The bill requires the department to amend its existing priority chemical rules to require alternatives assessments for reported uses of nonylphenol ethoxylates, and to require reporting of bisphenol A use in food can packaging.