An Act To Protect Pregnant Women and Children from Toxic Chemicals Released into the Home
Maine Legislature, Session 123, LD 1658
Committee Amendment CA_A_H231 (House)

COMMITTEE AMENDMENT ,,~ " to H.P. 1167, L.D. 1658, Bill, "An Act To 
Protect Pregnant Women and Children from Toxic Chemicals Released into the Home" 
Amend the bill in section 1 in § 1609 in subsection 7 in the 2nd line (page 2, line 3 in 
L.D.) by striking out the following: "subsections" and inserting the following: 'subsection' 
Amend the bill in section 1 in § 1609 by striking out all of subsection 9 
Amend the bill in section 1 in § 1609 in subsection lOin the 5th to 8th lines (page 3, 
line 8 to 11 in L.D.) by striking out the following: "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." 
Amend the bill in section 1 in § 1609 in subsection 11 in the 6th line (page 3, line 17 
in L.D.) by striking out the following: "2008" and inserting the following: '2009' 
Amend the bill in section 1 in § 1609 by inserting after subsection 12 the following: 
'13. Enforcement. Ifthere are grounds to suspect that a product is being offered for 
sale in violation of this section, the commissioner may request the manufacturer of the 
product to provide a certificate of compliance. Within 10 days of receipt of a request, the 
manufacturer shall: 
A. Provide the commissioner with a certificate attesting that the product complies 
with the requirements of this section; or 
B. Notify persons who sell the manufacturer's products in this State that the sale of 
the product is prohibited and provide the commissioner with a list of the names and 
addresses of those notified. 
When it appears that a product has been sold, offered for sale or distributed in this State 
in violation of this section, the commissioner may take enforcement action in accordance 
with section 347-A against the product manufacturer. For the purpose of this section, 
"manufacturer" means any person who manufactured the final product or whose brand 
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to H.P. 1167, L.D. 1658 
name is affixed to the product. In the case of a product that was imported into the United 
States, "manufacturer" includes the importer or domestic distributor of the product if the 
person who manufactured or assembled the product or whose brand name is affixed to the 
product does not have a presence in the United States. 
14. Department rule-making authority; flame retardants. If the commissioner 
determines, in consultation with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention, that a flame retardant is harmful to the public 
health and the environment and an alternative to the flame retardant that is safer to the 
public health and the environment is nationally available and the State Fire Marshal 
determines that a safer alternative meets applicable fire safety standards, the 
commissioner may adopt rules to prohibit the manufacture, sale or distribution in the 
State of: 
A. A mattress, a mattress pad or upholstered furniture intended for indoor use in a 
home or other residential occupancy that has plastic fibers containing that flame 
retardant; or 
B. 
A television or computer that has a plastic housing containing that flame 
retardant. 
The commissioner's rulemaking under this subsection must be made in accordance with 
Title 5, chapter 375, subchapter 2-A. 
The department shall report any rulemaking 
undertaken pursuant to this subsection to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters. The joint standing committee of the 
Legislature having jurisdiction over natural resources matters may submit legislation 
relating to the department's report. For purposes of this subsection, "flame retardant" 
means any chemical that is added to a plastic, foam or textile to inhibit flame formation. 
Rules adopted pursuant to this subsection are routine technical rules.' 
Amend the bill in section 1 in § 1609 to renumber the subsections to read 
consecutively. 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Natural 
Resources. The amendment: 
1. Removes the use notification provision in the bill; 
2. 
Authorizes the Commissioner of Environmental Protection to require a 
manufacturer to provide a certificate of compliance if there are grounds to suspect that a 
product is being offered for sale in violation of the law; 
3. Makes a grammatical correction; 
4. Changes the date a report is due from the department from 2008 to 2009; and 
5. 
Authorizes the Commissioner of Environmental Protection to prohibit the 
manufacture, sale or distribution of mattresses or mattress pads, upholstered furniture 
intended for indoor use in a residence and televisions or computers that contain a flame 
retardant if the commissioner determines, in consultation with the Department of Health 
and Human Services, Maine Center for Disease Control and Prevention, that the 
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to H.P. 1167, L.D. 1658 
prohibition is necessary to protect the public health and the environment and that a safer 
alternative to the flame retardant is nationally available and the State Fire Marshal 
determines that the alternative meets applicable fire safety standards. 
FISCAL _"tHE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/09107 
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LD 1658 
LR 1659(02) 
An Act To Protect Pregnant Women and Children from Toxic Chemicals Released into the Home 
Fiscal Note for BiU as Amended by Committee Amendment'p .. 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the Department of Environmental Protection and the Maine Center for Disease Control and 
Prevention in the Department of Health and Human Services can be absorbed utilizing existing budgeted resources. 
LR1659(02) - Fiscal Note - Page 1 of 1