An Act To Ensvre That Children's Toys and Products Are Free of Lead
Maine Legislature, Session 123, LD 2053
Committee: Health and Human Services
Sponsors: CONOVER, PINGREE, DOW, BRAUTIGAM, BRYANT, CONNOR, HINCK, KOFFMAN, MILLER, PERRY, TREAT
Amends: 22 MRSA §1315, 22 MRSA §1315-A, 22 MRSA §1317-E, 22 MRSA §1322-E

Legislative Document 
No. 2053 
H.P.1437 
House of Representatives. December 21, 2007 
An Act To Ensvre That Children's Toys and Products Are Free of 
Lead 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19.2007. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative CONOVER of Oakland. 
'7J1~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative PINGREE of North Haven, Senator DOW of Lincoln and 
Representatives: BRAUTIGAM of Falmouth, BRYANT of Windham, CONNOR of 
Kennebunk, HINCK of Portland, KOFFMAN of Bar Harbor, MILLER of Somerville, PERRY 
of Calais, TREAT of Hallowell. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1315, sub-§l-D is enacted to read: 
I-D. Children's product. "Children's product" means a product that is marketed for 
use by a child or the use of which by a child is foreseeable. 
Sec. 2. 22 MRSA §1315, sub-§9-A is enacted to read: 
9-A. Lead-containing product. "Lead-containing product" means a product or 
component of a product containing or coated with lead in a concentration that constitutes 
or potentially constitutes a health hazard. 
Sec. 3. 22 MRSA §1315-A, sub-§l, as enacted by PL 1991, c. 810, §18, IS 
amended to read: 
1. Reduction and abatement program. The establishment of programs to reduce 
lead-based substances and abate environmental lead hazards; i:H'Hi 
Sec. 4. 22 MRSA §1315-A, sub-§2, as enacted by PL 1991, c. 810, §18, IS 
amended to read: 
2. Interagency agreements. The development of interagency agreements with any 
pertinent federal, state or local agency, including, but not limited to, public housing 
authorities., energy efficiency programs and home maintenance and improvement 
programs~; and 
Sec. 5. 22 MRSA §1315-A, sub-§3 is enacted to read: 
3. Testing of children's products. The testing of children's products to determine 
lead content. 
Sec. 6. 22 MRSA §1317-E is enacted to read: 
§1317-E. Testing of children's products for lead content 
1. Testing. The Maine Center for Disease Control and Prevention, referred to in this 
section as ''the center," shall test samples of children's products sold in the State to 
determine whether the children's products are lead-containing products. 
2. Test reswlts. If a children's product tested pursuant to subsection 1 is a lead-
containing product, the center shalt: 
A. Take measures to inform the general public of the results of the testing of that 
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children's product; and 
B. Request that retail stores in the State that carry that children's product remove the 
product from their shelves. 
3. Annual report. The center shall prepare an annual report detailing the results of 
testing undertaken pursuant to this section. The center shall submit the report to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters prior to January 15th of each year. 
Sec. 7. 22 MRSA §1322-E, sub-§3, ~, as enacted by PL 2005, c. 403, §1, is 
amended to read: 
E. 
Funding an assessment of current uses of lead and the availability, effectiveness 
and affordability of lead-free alternatives; aftd 
Sec. 8. 22 MRSA §1322-E, sub-§3, W, as enacted by PL 2005, c. 403, § 1, is 
amended to read: 
F. 
Funding for educational programs and information for owners of rental property 
lOused for residential purposeS7; and 
Sec. 9. 22 MRSA §1322-E, sub-§3, ~G is enacted to read: 
G. Testing of children's products for lead content under section 1317-E, in an amount 
equal to 10% of the annual allocations from the fund. 
Sec. 10. Rulemaking. The Department of Health and Human Services shall adopt 
rules to determine, using best scientific practices, the concentration of lead that 
constitutes or potentially constitutes a health hazard for purposes of the Maine Revised 
Statutes, Title 22, section 1315, subsection 9-A. Rules adopted pursuant to this section 
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are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill directs the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention to use 10% of the funds in the Lead Poisoning Prevention 
Fund to test the lead content of products that are customarily used by children. If the 
sample contains lead or is coated with lead in a concentration that constitutes or 
potentially constitutes a health hazard, the center shall take measures to inform the 
general public of the test results and request that stores in the State that carry that 
children's product remove the product from their shelves.