An Act To Prevent Infant Exposure to Harmful Hormone-disrupting Substances
Maine Legislature, Session 123, LD 0837
Committee: Health and Human Services
Sponsors: HINCK, DOW, FAIRCLOTH, KOFFMAN, MILLER, MOORE, PERRY, PINGREE, WALCOTT, MARTIN

Legislative Document 
No. 837 
H.P.636 
House of Representatives, February 23, 2007 
An Act To Prevent Infant Exposure to Harmful Hormone-
disrupting Substances 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative HINCK of Portland. 
Cosponsored by Senator DOW of Lincoln and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: FAIRCLOTH of Bangor, KOFFMAN of Bar Harbor, MILLER of Somerville, 
MOORE of Standish, PERRY of Calais, PINGREE of North Haven, WALCOTT of Lewiston, 
Senator: MARTIN of Aroostook. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA c. 276 is enacted to read: 
CHAPTER 276 
TOYS AND CHILD CARE PRODUCTS 
§1700-B. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Child care product. "Child care product" means a product designed or intended 
by the manufacturer to facilitate sleep, relaxation or the feeding of a child or to help a 
child with sucking or teething. 
II 
2. Toy. "Toy" means a product designed or intended by the manufacturer to be used 
by a child at play. 
§1700-C. Bisphenol A and phthalates 
1. Prohibition. A person may not manufacture, sell or distribute in commerce a toy 
or child care product intended for use by a child under 3 years of age that has been made 
with or contains: 
A. Bisphenol A; or 
B. Di (2-ethylhexyl) phthalate, di butyl phthalate, benzyl butyl phthalate, diisononyl 
phthalate, diisodecyl phthalate or di-n-octyl phthalate in concentrations exceeding 
0.1%. 
2. Alternatives. A manufacturer of a toy or child care product shall use the least 
toxic alternative when replacing a prohibited substance under subsection 1 in a toy or 
child care product. In replacing a prohibited substance with the least toxic alternative, a 
manufacturer may not: 
A. 
Use a substance containing a carcinogen rated by the United States 
Environmental Protection Agency as an A, B or C carcinogen or a substance listed as 
a known or likely carcinogen, known to be a human carcinogen, likely to be a human 
carcinogen or suggestive of being a human carcinogen as described in the "List of 
Chemicals Evaluated for Carcinogenic Potential" published by the United States 
Environmental Protection Agency, Office of Pesticide Programs or listed as known to 
cause cancer in the California Safe Drinking Water Act, Chapter 4, Part 12 of the 
California Health and Safety Code; or 
B. Use a reproductive toxicant, which is a toxicant that may cause birth defects or 
reproductive or developmental harm, as 
identified by 
the United 
States 
Environmental Protection Agency or listed in the California Safe Drinking Water 
Act, Chapter 4, Part 12 of the California Health and Safety Code. 
Sec. 2. Child prevention study. The Department of Health and Human Services, 
Maine Center for Disease Control and Prevention shall study ways to eliminate infant 
exposure to bisphenol A, di (2-ethylhexyl) phthalate, di butyl phthalate, benzyl butyl 
phthalate, diisononyl phthalate, diisodecyl phthalate and di-n-octyl phthalate and submit 
its report along with any recommended legislation to the Joint Standing Committee on 
Health and Human Services by December 15, 2007. The Joint Standing Committee on 
Health and Human Services may submit a bill related to the report to the Second Regular 
Session of the 123rd Legislature. 
SUMMARY 
This bill prohibits the manufacture, sale and distribution of toys and child care 
I I 
products made with the endocrine-disrupting chemicals bisphenol A or di (2-ethylhexyl) 
phthalate, di butyl phthalate, benzyl butyl phthalate, diisononyl phthalate, diisodecyl 
phthalate and di-n-octyl phthalate, requires a manufacturer to replace a prohibited 
chemical with the least toxic alternative not including a likely carcinogenic substance or 
substance that may cause birth defects, reproductive or developmental harm and directs 
the Department of Health and Human Services, Maine Center for Disease Control and 
Prevention to study ways to eliminate infant exposure to these chemicals and report back 
to the Legislature by December 15,2007.