Sec. 1. 38 MRSA c. 16-D is enacted to read:

CHAPTER 16-D

BROMINATED FLAME RETARDANTS IN CONSUMER PRODUCTS

§1691.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Brominated flame retardant.__"Brominated flame retardant" means any chemical containing the element bromine that may be added to a plastic, foam or textile to inhibit flame formation.__ "Brominated flame retardant" includes, but is not limited to, a chemical or group of chemicals known as polybrominated biphenyls, polybrominated diphenyl ethers, tetrabromobisphenol-A and hexabromocyclododecane.__Polybrominated diphenyl ethers include its 3 primary commercial mixtures known as "penta," "octa" and "deca."

§1692.__Notification

1.__Prior written notice required.__Effective January 1, 2006, a product to which a brominated flame retardant is added during formulation or manufacture or a product containing one or more components to which a brominated flame retardant is added during formulation or manufacture may not be offered for final sale or use or distributed for promotional purposes in the State unless the manufacturer of the product or component or a trade association representing manufacturers of the product or component has provided written notice to the department in accordance with this section.__The notice must include the following information on a form provided by the department:

A.__A brief description of the product or component;

B.__The amount and chemical type of brominated flame retardant in each unit of the product or component, reported as an exact number, as an average per product or component with an upper or lower limit or as falling within a range approved by the department;

C.__The total amount and chemical type of brominated flame retardant in all units of the product or component sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as