An Act To Reduce Contamination of Breast Milk and the Environment from the Release of Brominated Chemicals in Consumer Products
Maine Legislature, Session 121, LD 1790
Committee: Business, Research and Economic Development
Sponsors: PINGREE, DAMON, DUPLESSIE, KOFFMAN, LERMAN, MOODY, SA VIELLO, MAYO, SA WYER, TREAT

Legislative Document 
No. 1790 
H.P.1312 
House of Representatives, December 22,2003 
An Act To Reduce Contamination of Breast Milk and the 
Environment from the Release of Brominated Chemicals in 
Consumer Products 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401. 
Presented by Representative PINGREE of North Haven. 
Cosponsored by Senator DAMON of Hancock and 
111~/J7·71!~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUPLESSIE of Westbrook, KOFFMAN of Bar Harbor, LERMAN of 
Augusta, MOODY of Manchester, SA VIELLO of Wilton, Senators: MAYO of Sagadahoc, 
SA WYER of Penobscot, TREAT of Kennebec. 
Primed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA c. 16·D is enacted to read: 
CHAPTER 16-D 
BRC»IIRATEP FLAME RETARDANTS IR 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 fl?tme 
formation. 
"Brominated flame retardant" includes, but is not 
limited 
to, 
a 
chemical 
or 
group 
of 
chemicals 
known 
as 
polybrominated 
biphenyls, 
polybrominated 
diphenyl 
ethel~ 
tetrabromobisphenol-A and hexabromocyclododecane. 
Polybrominated 
diphenyl ethers inclu.de its 3 primary commercial mixtures known 
as "penta," "octa" and "deca." 
§1692. 
Rotification 
1. 
Prior written notice required. 
Effective January ~ 
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 
Qr 
components 
sold 
by 
the 
manufacturer 
or 
as 
Page l-LR2478(1) 
aggregated by a manufacturer trade association for all units 
of 
the 
product 
or 
component 
made 
by 
the manufacturers 
represented by the association; and 
D. The name and address of the manufacturer and the name, 
address 
and 
phone 
number 
of 
a 
contact 
person 
for 
the 
manufacturer. 
2. 
Product category information. 
With the approval of the 
department, the manufacturer may supply the information required 
in subsection 1 for a product category rather than an individual 
product. 
The 
manufacturer 
shall 
update 
and 
revise 
the 
information in the notification whenever there is significant 
change in the information or at the department's request. 
The 
information required under subsection 1, 
paragraph C must be 
updated and provided to the department every 3 years. 
3. 
Product 
components. 
Notwithstanding 
subsection 
1, 
paragraph a, the manufacturer of a product containing one or more 
components 
containing 
a 
brominated 
flame 
retardant 
is 
not 
required to include information on the amount of brominated flame 
retardants in the component in the notice to the department if 
the component manufacturer has provided that information to the 
department and the manufacturer of the product that contains the 
component identifies the component and component manufacturer in 
the notice. 
4. 
Importers; prohibition. 
An importer of a product or 
component from a foreign country may not sell, use or distribute 
the product or component in the State unless the manufacturer of 
the product or component is in compliance with this section, 
except that this prohibition does not apply to retailers for whom 
importing is not a primary business. 
§1693. 
Labeling and consumer information 
1. 
Labeling 
required 
for 
certain products. 
Effective 
January 1, 2006, a manufacturer may not sell at retail in this 
State, a manufacturer may not sell to a retailer in this State 
and a retailer may not knowingly sell a 
product containing a 
brominated flame retardant unless the product is labeled pursuant 
to this subsection. 
The label must clearly inform the purchaser 
or consumer that a brominated flame retardant is present in the 
product, describe the hazards associated with brominated flame 
retardants and provide guidance on safe management of the product 
at its end of life so as to minimize the effects of disposal. 
A 
manufacturer 
shall 
affix 
a 
label 
that 
conforms 
to 
the 
requirements 
of 
this 
subsection 
to 
a 
product 
containing 
a 
brominated flame retardant. 
The board shall adopt rules to establish standards for affixing 
labels to products and product packages. The rules must strive 
for 
consistency with 
labeling 
programs 
in other 
states 
and 
provide for approval by the department of alternative compliance 
plans. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
§1694. 
Restrictions on sale and use of brominated flame 
retardants 
The following restrictions apply to the sale of product.s 
containing a specified brominated flame retardant. 
1. 
Polybrominated 
biphenyls 
and 
certain 
polybrominatE!d 
diphenyl ethers. 
Effective January It 2006, 
a person may not 
sell or offer to sell or distribute for promotional purposes a 
product containing polybrominated biphenyls or the "penta" or 
"octa" mixtures of polybrominated diphenyl ethers. 
2. 
The 
deca mixture of polybrominated diphenyl ethers. 
Unless an exemption is obtained under subsection 4, effective 
January 1, 
2008, 
a 
~Ierson may not sell or offer to sell or 
distribute for 
promotional purposes 
a 
product containing the 
"deca" mixture of polybrominated diphenyl ethers. 
3. Other bromina1ted flame retardants. 
Unless an exemption 
is obtained under subsection 4, effective January It 2010, 
a 
person 
may 
not 
sell 
or 
offer 
to 
sell 
or 
distribute 
for 
promotional purposes a product containing tetrabromobisphenol-A 
or hexabromocyclododecane or any other brominated flame retardant 
not otherwise specified in this section. 
4. 
Exemptions. 
The manufacturer or user of a product m~ 
apply for 
an exemption for 
one 
or more 
specific uses of 
a 
brominated flame retardant by filing a written petition with the 
commissioner prior to one year before the effective date of the 
sales restriction. 
The commissioner may grant an exemption for 
each specified use of 
a 
brominated 
flame 
retardant with or 
without 
conditions 
upon 
finding 
that 
the 
petitioner 
has 
demonstrated that: 
is requested because the brominated flame 
necessary 
to 
meet 
specific 
product 
A. The exemption 
retardant 
is 
specifications identified by the customer or end user of the 
product: 
B. Protective measures have been taken to ensure the health 
and safety of workers and consumers throughout the life of 
the product containing a brominated flame retardant; 
c. 
A 
system 
exists 
for 
the 
proper 
collection, 
transportation and processing of the product at the end of 
its life; and 
D. One of the following applies: 
(1) A technically feasible alternative to the use of a 
brominated flame retardant, including product redesign 
and substitute flame retardants, is not available at 
comparable cost; or 
(2) 
The risks to public health and the environment 
directly posed 
by 
a 
technically feasible 
available 
alternative are greater than the same risks posed by 
the brominated flame retardant. 
Prior to approving an exemption, 
the commissioner may consult 
with neighboring states to promote consistency in the regulation 
of brominated flame retardants. 
The commissioner may request an 
individual receiving an exemption to maintain records and provide 
reasonable reports to the department that provide details about 
the use of a brominated flame retardant. 
An exemption may be 
granted for a term not to exceed 3 years and may be renewed upon 
written application if the commissioner finds that the specific 
use of the brominated flame 
retardant continues to meet the 
criteria of this subsection and the manufacturer or other persons 
comply with the conditions of its original approval. The board 
shall adopt rules 
for processing exemption applications that 
provide 
for 
public participation. 
Rules 
adopted 
under 
this 
subsection are 
routine technical rules pursuant to Title 
5, 
chapter 375, subchapter 2-A. 
§l695. 
Implementation fees 
The board shall adopt rules no later than January 1, 2005 
that 
establish 
fees 
for 
the 
sale 
of 
products 
containing 
brominated flame retardants sufficient to cover all costs to the 
department associated with implementation of this chapter. 
The 
fees established in this section become effective no later than 
July 1, 
2005. 
Rules 
adopted under this section are 
routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 2. Report on brominated flame retardants. 
The Department 
of Environmental Protection shall submit a report no later than 
January 
1, 
2006 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over natural resources matters 
after consultation with a diverse group of interested parties. 
The report must include: 
1. 
Information on 
products 
sold in the 
Revised Statutes, Title 
the use of brominated flame retardants in 
State collected pursuant to 
the 
Maine 
38, section 1692; 
2. 
Any 
environmental 
State; 
data 
available 
on 
the 
occurrence of brominated 
human 
body 
burden 
or 
flame retardants in the 
3. 
Recommendations regarding restrictions on the disposal 
of products containinq brominated flame retardants; and 
4. Any other recommendations to further protection of pubJ.ic 
health and the environment from brominated flame retardants. 
After receipt and review of the report, the joint standing 
committee may re.port out legislation related to brominated flame 
retardants to the Second Regular Session of the 122nd Legislature. 
SUMMARY 
The purpose of this bill is to reduce the increasing levels 
of brominated chemicals in people's bodies and in the breast milk 
of women. 
This bill regulates the sale of products containing 
brominated 
chemicals, 
requires 
clear 
labeling 
of 
products 
containing such chemicals and authorizes the establishment of 
fees for the sale of products containing brominated chemicals.