An Act To Reduce Contamination of Breast Milk and the Environment from the Release of Brominated Chemicals in Consumer Products LR2478(02)
Maine Legislature, Session 121, LD 1790
Committee Amendment CA_A_H822 (House)
Amends: 38 MRSA §1609

COMMITTEE AMENDMENT "A· to H.P. 1312, L.D. 1790, Bill, "An 
Act To Reduce Contamination of Breast Milk and the Environment 
from the Release of Brominated Chemicals in Consumer Products" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 38 MRSA §1609 is enacted to read: 
§1609. 
Restrictions on sale and distribution of brominated flame 
retardants 
1. 
"Penta" mixture and "acta" mixture of polybrominated 
diphenyl ethers. 
Effectiye January 1. 2006, 
a person may not 
sell or offer to sell, or distribute for promotional purposes, a 
product containing more than 1'!o 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. 
Page l-LR2478(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1312, L.D. 1790 
3. 
AePlication. 
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 
al ternatives 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 •• 
SUMMARY 
This amendment prohibits the sale and distribution of new 
products that contain more than 
1'l-o 
of the "penta" or "octa" 
mixtures of polybrominated diphenyl ethers beginning January 1, 
2006. 
The amendment also provides that 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. 
The 
amendment 
also 
requires 
the 
Department 
of 
Environmental 
Protection, with the Department of Human Services, 
Bureau of 
Health, to review relevant risk assessments in connection with 
brominated flame retardants and to annually submit to the joint 
standing committee of the Legislature having jurisdiction over 
natural resources matters a report regarding the regulation of 
brominated 
flame 
retardants, 
including 
the 
nationwide 
availability of safer alternatives to the "deca" mixture. 
If, 
after 
reviewing 
the 
recommendations 
of 
the 
department, 
the 
committee determines that a 
safer alternative to the 
"deca" 
mixture is nationally available, the committee may report out 
legislation to implement risk management measures or to enact a 
prohibition on the sale and distribution of products containing 
the "deca" mixture. 
FISCAL :"iOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/29/04 frac. 
Office of Fiscal and Program Review 
LD 1790 
An Act To Reduce Contamination of Breast Milk and the Environment 
from the Release of Brominated Chemicals in Consumer Products 
LR2478(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
The additional costs associated with carrying out this legislation can be absorbed by the Department of Environmental 
Protection and the Bureau of Health in the Department of Human Services utilizing existing budgeted resources. 
LR2478(2) - Fiscal Note - Page 1 of 1