An Act To Protect Pregnant Women and Children from Toxic Chemicals Released into the Home
Maine Legislature, Session 123, LD 1658
Committee: Natural Resources
Sponsors: PINGREE, DOW, AYOTTE, DUCHESNE, FAIRCLOTH, HINCK, KOFFMAN, TREAT, BARTLETT, TURNER
Amends: 38 MRSA §1609

Legislative Document 
No. 1658 
H.P.1167 
House of Representatives, March 22, 2007 
An Act To Protect Pregnant Women and Children from Toxic 
Chemicals Released into the Home 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative PINGREE of North Haven. 
Cosponsored by Senator DOW of Lincoln and 
'IY/~ frI· 7l!t1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: AYOTTE of Caswell, DUCHESNE of Hudson, FAIRCLOTH of Bangor, 
HINCK of Portland, KOFFMAN of Bar Harbor, TREAT of Farmingdale, Senators: 
BARTLETT of Cumberland, TURNER of Cumberland. 
Pnntt:d on rCl.:ydetJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1609, as reallocated by RR 2003, c. 2, § 119, is amended to 
read: 
§1609. Restrictions on sale and distribution of brominated flame retardants 
For purposes of this section, "brominated flame retardant" means any chemical 
containing the element bromine that is added to a plastic, foam or textile to inhibit flame 
formation. 
1. "Penta" mixture and "octa" mixtures of polybrominated diphenyl ethers. 
Effective January 1, 2006, a person may not sell or offer to sell, or distribute for 
promotional purposes, a product containing more than +%- 0.1 % of the "penta" or "octa" 
mixtures of polybrominated diphenyl ethers. 
1. Re"iew! Feport. 
THe departfRent, witH tHe DepartfRent of Human 8en'ices, 
Bureau of HealtH, sHall rellie\\' relevant risk asseSSfRents in connection witH brominated 
flafRe retardants and relevant findings and rulings b~' tHe United 8tates environmental 
Protection Agenc~' and tHe european Union. THe department sHall annually, no later than 
Januaf)' 5tH, submit a report regarding the . regulation of brominated flame retardants to 
tHe joint standing comfRittee of the Legislature having jurisdiction o\'er natural resources 
matters. 
for pUFfJoses of this subsection, "brominated flame retardant" means aA)' 
chemical containing the element bromine that may be added to a plastic, foam or textile 
to inhibit flafRe forfRation. 
3. Applieati9H. This section does not apply to tHe sale of used products. 
4. 
"Deca" mixture of Dolvbrominated diphenyl ethers in home furniture. 
Effective January 1, 2008, a person may not manufacture, sell or offer for sale or 
distribute for sale or use in the State any of the following products that have plastic fibers 
containing the "deca" mixture of polybrominated diphenyl ethers: 
A. A mattress or mattress pad; or 
B. 
Upholstered furniture intended for indoor use In a home or other residential 
occupancy. 
5. "Deca" mixture of polybrominated diphenyl ethers in electronics. Effective 
January 1, 2010, a person may not manufacture, sell or offer for sale or distribute for sale 
or use in the State a television or computer that has a plastic housing containing the 
"deca" mixture of polybrominated diphenyl ethers. 
6. Exemptions. The restrictions in subsections 4 and 5 do not applv to the following 
products containing the "dec a" mixture of polybrominated diphenyl ethers: 
A. Transportation vehicles or products or parts for use in transportation vehicles or 
transportation equipment; 
B. Products or equipment used in industrial or manufacturing processes; or 
• 
C. Electronic wiring and cable used for power transmission. 
7. Manufacturer responsibility. Effective January 1, 2008, a manufacturer of a 
product containing polybrominated diphenyl ethers restricted under subsections 1, 4 or 5 
must notify persons that sell the manufacturer's product of the requirements of this 
section. 
8. Retailer assistance. The department must develop a program to assist retailers in 
identifying products that might contain polybrominated diphenyl ethers in their inventory. 
9. 
Use notification. 
Effective January 1, 2010, a person who manufactures a 
product or product component containing any brominated flame retardant must provide 
written notice to the department in accordance with this subsection. A product or a 
product component containing any brominated flame retardant may not be offered for 
final sale, use or distribution after January 1, 2010 unless such notice has been provided 
to the department. A trade association representing manufacturers of products may act to 
fulfill the responsibilities of individual manufacturers under this subsection. The notice 
must include the following information on a form provided by the department: 
A. A brief description of the product or product component; 
B. The name and Chemical Abstracts Service registry number of each brominated 
flame retardant contained in the product or product component; 
C. The amount of each brominated flame retardant in each unit of the product or 
product 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; 
D. The total amount of each brominated flame retardant in all units of the product or 
product components sold in the United States during the most recent calendar year for 
which sales figures are available, reported either for the units or components sold by 
the manufacturer or as aggregated by a manufacturer trade association for all units of 
the product or components made by the industry; and 
E. 
The name and address of the manufacturer and the name, address and phone 
number of a contact person for the manufacturer. 
With the approval of the department, the manufacturer may supply the information 
required in this subsection 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 when requested by the 
department. The information required under paragraph 0 must be updated and 
provided to the department every 3 years. 
Notwithstanding paragraph C, the manufacturer of a product containing one or more 
components containing brominated flame retardants is not required to include 
information on the amount of brominated flame retardant 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. An importer of 
the product or product component from a foreign country may not sell, use or 
distribute the product or product component in the State unless the manufacturer of 
the product or product component is in compliance with this section, except that this 
prohibition does not apply to retailers for whom importing is not a primary business. 
10. Interstate clearinghouse. The department may participate in the establishment 
and implementation of a regional, multistate clearinghouse to assist in carrying out the 
requirements of this chapter and to help coordinate education and outreach activities, 
review risk assessments and alternatives to the use of chemicals listed in this section, and 
carry out any other activities related to the administration of this chapter. The department 
may provide the interstate clearinghouse with product information submitted to the 
department under subsection 9 and the department and the interstate clearinghouse may 
compile or publish analyses or summaries of such information. 
11. Review; report. The department, with the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention, shall review relevant hazard 
and risk assessments in connection with brominated flame retardants as well as 
assessments of alternatives to the use of brominated flame retardants and relevant 
findings and rulings by the United States Environmental Protection Agency and the 
European Union. Every 2 years beginning in 2008, the department shall submit a report 
regarding the regulation of brominated flame retardants to the joint standing committee of 
the Legislature having jurisdiction over natural resources matters no later than January 
5th. The report must include recommendations on actions that would further protect the 
public health and the environment from brominated flame retardants. 
12. Application. This section does not apply to the sale of used products. 
SUMMARY 
This bill tightens current law restricting the manufacture, sale and distribution in this 
State of products containing certain brominated flame retardants. Certain of the new 
restrictions are phased in over time. 
The bill also requires, beginning in 2010, 
manufacturers of products containing brominated flame retardants to provide information 
about the products to the Department of Environmental Protection and authorizes the 
department to participate in the establishment of an interstate clearinghouse of such 
information. 
It directs the department to submit a report every 2 years to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters 
that includes recommendations on actions that would further protect the public health and 
the environment from brominated flame retardants.