An Act to Protect Children from Cancer-causing Chemicals
Maine Legislature, Session 121, LD 0199
Committee: Health and Human Services
Sponsors: EDER, McKEE, TREAT
Amends: 20-A MRSA §15613, 22 MRSA §8302-A

Legislative Document 
No. 199 
H.P.158 
House of Representatives, January 21, 2003 
An Act to Protect Children from Cancer-causing Chemicals 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative EDER of Portland. 
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1I7.1Jld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: McKEE of Wayne, Senator: TREAT of Kennebec. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 20-A MRSA §15613, sub-§14, as amended by PL 1989, c. 
700, Pt. A, §73, is further amended to read: 
14. 
Hazardous chemicals. 
The Commissioner 
of Education 
shall establish rules governing the purchase 
and storage of 
hazardous chemicals in schools. 
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These 
rules 
must 
prohibit 
the 
presence, use and storage on school property of chemicals known 
to cause cancer. 
By July L 
2004, the department shall adopt 
rules specifying the chemicals that are known to cause cancer 
that are prohibited on school property. 
Rules adopted pursuant 
to this subsection regarding chemicals that cause cancer are 
major substantive rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
Sec. 2. 22 MRSA §8302-A, sub-§l, as amended by PL 200L c. 
645, §7, is further amended to read: 
1. 
Rules for child care facilities. 
Rules for child care 
facilities must include, but are not limited to, rules pertaining 
to the following: 
A. 
Child to staff ratios; 
B. 
The 
health 
and 
safety of 
the 
children 
and 
staff, 
including training on communicable diseases; 
C. 
Water for drinking and cooking; 
D. 
Wastewater; 
E. 
Rabies vaccinations for pets; 
F. 
The quality of the program provided; 
G. 
The age, criminal record and personal history of the 
provider of care for children and staff members; 
H. 
The administration of medication; aBe 
I. 
Licensing proceduresT~ 
J. 
By July L 
2004, the prohibition of the presence, use 
and storage on child care center property of chemicals known 
to cause cancer. Rules adopted pursuant to this paragraph 
are maj or substantive rules as defined in Title 5, chapter 
375, subchapter 2-A. 
Page l-LR0209(l) 
!hiles Except as provided in paragraph J, 
to this subsection are routine technical 
5, chapter 375, subchapter ±±-A 2-A. 
rules adopted pursuant 
rules pursuant to Title 
Sec. 3. Rule-making procedure. 
The Department of Education 
and the Department of Human Services shall complete preliminary 
adoption of the rules on chemicals that cause cancer pursuant to 
the Maine Revised Statutes, Title 20-A, section 15613, subsection 
and Title 22, section 8302-A, subsection 1, paragraph J 
by 
January 1, 2004. 
SUMMARY 
This bill prohibits the presence, use and storage on school 
and child care center property of 
chemicals 
known 
to 
cause 
cancer. 
The bill requires the adoption of major substantive 
rules by the Commissioner of Education and the Commissioner of 
Human Services, with those rules taking effect by July 1, 2004. 
The bill requires 
the 
departments 
to 
complete 
preliminary 
adoption of their rules on chemicals that cause cancer by January 
1, 2004.