CHAPTER 629
H.P. 1312 - L.D. 1790
An Act To Reduce Contamination of Breast Milk and the Environment from the Release of Brominated Chemicals in Consumer Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1609 is enacted to read:
§1609. Restrictions on sale and distribution of brominated flame retardants
1. "Penta" mixture and "octa" mixture of polybrominated diphenyl ethers. Effective January 1, 2006, a person may not sell or offer to sell, or distribute for promotional purposes, a product containing more than 1% of the "penta" or "octa" mixtures of polybrominated diphenyl ethers.
2. Review; report. The department, with the Department of Human Services, Bureau of Health, shall review relevant risk assessments in connection with brominated flame retardants and relevant findings and rulings by the United States Environmental Protection Agency and the European Union. The department shall annually, no later than January 5th, submit a report regarding the regulation of brominated flame retardants to the joint standing committee of the Legislature having jurisdiction over natural resources matters. For purposes of this subsection, "brominated flame retardant" means any chemical containing the element bromine that may be added to a plastic, foam or textile to inhibit flame formation.
3. Application. This section does not apply to the sale of used products.
Sec. 2. "Deca" mixture of polybrominated diphenyl ethers; legislative intent. It is the intent of the Legislature to reduce the risk of the "deca" mixture of polybrominated diphenyl ethers by implementing risk management measures or by prohibiting the sale of products containing more than 1% of the "deca" mixture beginning January 1, 2008 if a safer, nationally available alternative is identified. As part of its annual report pursuant to the Maine Revised Statutes, Title 38, section 1609, subsection 2, the Department of Environmental Protection shall submit a report regarding the nationwide availability of safer alternatives to the "deca" mixture of polybrominated diphenyl ethers to the joint standing committee of the Legislature having jurisdiction over natural resources matters. If, after reviewing the recommendations of the department, the joint standing committee determines that a safer alternative to the "deca" mixture is nationally available, the joint standing committee may report out to any session of any Legislature legislation to implement risk management measures or to enact a prohibition on the sale and distribution of products containing the "deca" mixture.
Effective July 30, 2004, unless otherwise indicated.
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