I 

108TH CONGRESS 

2D SESSION H. R. 4076

To prohibit the manufacture, processing, or distribution in commerce of 

pentabrominated diphenyl ethers and octabrominated diphenyl ethers, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2004

Ms. SOLIS (for herself, Ms. DEGETTE, and Ms. WOOLSEY) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To prohibit the manufacture, processing, or distribution in 

commerce of pentabrominated diphenyl ethers and 

octabrominated diphenyl ethers, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Toxic Flame Retardant 

5 Prohibition Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Chemicals known as brominated flame 

9 retardants are widely used throughout the United 
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1 States. To meet stringent fire standards, manufac2 turers add brominated flame retardants to a mul3 titude of products, including plastics used in tele4 visions, and foam and textiles used in furniture. 

5 (2) While flame retardants make a valuable 

6 contribution to fire safety, it is imperative to under7 stand the potential effects on human health and the 

8 environment that their use brings. 

9 (3) Initial studies indicate that 

10 pentabrominated diphenyl ethers and 

11 octabrominated diphenyl ethers, which are subcat12 egories of brominated flame retardants, disrupt thy13 roid hormone balance and contribute to a variety of 

14 developmental deficits, including low intelligence and 

15 learning disabilities in laboratory animals. 

16 (4) In particular, it is recognized that there is 

17 a high level of public concern over scientific findings 

18 of certain polybrominated diphenyl ethers in the en19 vironment and in human breast milk. Certain 

20 polybrominated diphenyl ethers have increased 40-

21 fold in human breast milk since the 1970s. Chemi22 cals found in breast milk are somewhat reflective of 

23 the chemicals found throughout the body of those 

24 tested, including in a fetus. 
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1 (5) The American Academy of Pediatrics 

2 strongly recommends breastfeeding despite potential 

3 exposure to toxic chemicals, as breast milk helps 

4 protect infants against certain diseases and infec5 tions. In addition, several studies point to the im6 provement of cognitive development in children who 

7 breastfeed. 

8 (6) The State of California and several coun9 tries have phased out products containing 

10 pentabrominated diphenyl ethers and 

11 octabrominated diphenyl ethers in order to protect 

12 human health and the environment. 

13 (7) To improve the end-of-life management of 

14 articles made with polybrominated diphenyl ethers, a 

15 tracking and labeling system should be incorporated 

16 in the manufacturing, processing, and distribution of 

17 products containing pentabrominated diphenyl 

18 ethers, octabrominated diphenyl ethers, or 

19 decabrominated diphenyl ethers. 

20 SEC. 3. PROHIBITION. 

21 (a) AMENDMENT.—Section 15 of the Toxic Sub22 stances Control Act (15 U.S.C. 2614) is amended—

23 (1) by striking ‘‘or’’ at the end of paragraph 

24 (3); 
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1 (2) by striking the period at the end of para2 graph (4) and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(5) manufacture, process, or distribute in com6 merce a product, or a flame-retarded part of a prod7 uct, containing more than 1 percent of 

8 pentabrominated diphenyl ethers or octabrominated 

9 diphenyl ethers by mass.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect 2 years after the date of 

12 enactment of this Act. 

13 SEC. 4. REGULATION. 

14 Section 6 of the Toxic Substances Control Act (15 

15 U.S.C. 2605) is amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(f) POLYBROMINATED DIPHENYL ETHERS.—

18 ‘‘(1) DETERMINATION AND IDENTIFICATION OF

19 PRECURSORS.—The Administrator shall determine 

20 whether pentabrominated diphenyl ethers or 

21 octabrominated diphenyl ethers are formed in the 

22 environment as a result of chemical degradation of 

23 any other material, and shall identify any such pre24 cursors that are found to exist. 
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1 ‘‘(2) PHASE OUT.—If the Administrator identi2 fies any precursor under paragraph (1), the Admin3 istrator shall take appropriate actions under this 

4 section or section 5 to ensure that products and 

5 processes that introduce such precursor into the en6 vironment are phased out within 3 years after the 

7 date of enactment of this subsection, unless the Ad8 ministrator finds that to do so would endanger 

9 human health and the environment. 

10 ‘‘(3) LABELING REQUIREMENT.—Not later than 

11 1 year after the date of enactment of this sub12 section, the Administrator shall issue regulations re13 quiring any product containing pentabrominated di14 phenyl ethers, octabrominated diphenyl ethers, or 

15 decabrominated diphenyl ethers, that is manufac16 tured 18 months or more after the date of enact17 ment of this subsection to bear a label that meets—

18 ‘‘(A) the requirements of standard ISO 

19 11469, subsection 1043–4, established by the 

20 International Organization for Standardization, 

21 as in effect on the date of enactment of this 

22 subsection, including subsequent revisions 

23 thereto that have been certified by the Adminis24 trator; or 
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1 ‘‘(B) alternative requirements that the Ad2 ministrator certifies convey the same informa3 tion as is required under subparagraph (A).’’.

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