An Act To Protect Children's Health and the Environment from Toxic Chemicals in Toys and Children's Products -- -
Maine Legislature, Session 123, LD 2048
Committee Amendment CA_A-SA_A_S596 (Senate)
Amends: 5 MRSA §12004-I

SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 
1432, L.D. 2048, Bill, "An Act To Protect Children's Health and the Environment from 
Toxic Chemicals in Toys and Children's Products" 
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Amend the amendment by inserting after the title the following: 
'Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Children's Health and the Environment from Toxic 
Chemicals in Children's Products' , 
Amend the amendment by inserting after the first indented paragraph after the title 
the following: 
'Sec. 1. 5 MRSA §12004-I, sub-§24-G is enacted to read: 
24-G. 
Environment: 
Consumer 
Products 
Scientific 
Assessment 
Review Board 
$100/Day 
MRS A § 1693 
Amend the amendment by striking out everything after section 1 and inserting the 
following: 
'Sec. 2. 38 MRS A c. 16-D is enacted to read: 
CHAPTER 16-D 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P.1432, L.D. 2048 
TOXIC CHEMICALS IN CHILDREN'S PRODUCTS 
§1691. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Chemical. "Chemical" means a substance with a distinct molecular composition 
or a group of structurally related substances and includes the breakdown products of the 
substance or substances that form through decomposition, degradation or metabolism. 
3. 
Chemical of high concern. "Chemical of high concern" means a chemical 
identified by the department pursuant to section 1693. 
4. Children's product. "Children's product" means a consumer product intended for 
use by children, such as baby products, toys, car seats, personal care products and 
clothing, and any consumer product containing a chemical of high concern that when 
used or disposed of may result in a child's or a fetus's being exposed to that chemical. 
5. Consumer product. "Consumer product" means any item sold for residential or 
commercial use, including any component parts and packaging. "Consumer product" 
does not include a food or beverage or an additive to a food or beverage, a tobacco 
product or a pesticide regulated by the federal Environmental Protection Agency. 
"Consumer product" also does not include a drug or biologic regulated by the federal 
Food and Drug Administration or the packaging of a drug or biologic regulated by the 
federal Food and Drug Administration if the packaging is regulated by the federal Food 
and Drug Administration. 
6. 
State agencies. 
"State agencies" means the Department of Environmental 
Protection and the Department of Health and Human Services, Maine Center for Disease 
Control and Prevention. 
§1692. Identification of chemicals of high concern 
1. 
Criteria. 
By January 1, 2010, the department, in consultation with the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention, shall publish a list of chemicals of high concern. 
A chemical may be 
included on the list only if it has been identified by an authoritative governmental entity 
on the basis of credible scientific evidence as being known as: 
A. A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor; 
B. Persistent, bioaccumulative and toxic; or 
C. Very persistent and very bioaccumulative. 
For each chemical on the list, the state agencies shall identify any existing or needed 
scientific risk assessments required to determine human health effects at relevant 
exposure levels. 
2. 
Revisions. 
The department may periodically review and revise the list of 
chemicals of high concern. The department may add chemicals to the list if, in the 
judgment of the Department of Health and Human Services, Maine Center for Disease 
Control and Prevention, the chemical meets one or more of the criteria in subsection 1. 
SENATE AMENDMENT 
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SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1432, L.D. 2048 
The department may remove a chemical from the list of chemicals of high concern based 
on evidence that the chemical is not present in a children's product. 
§1693. Scientific Assessment Review Board 
The Scientific Assessment Review Board, established by Title 5, section 12004-1, 
subsection 24-G and referred to in this section as "the board," serves as a review body to 
assess the testing that has been performed on consumer products, to review the list of 
chemicals of high concern and to provide recommendations to the state agencies. 
1. Appointment; composition. The board consists of 5 voting members, appointed 
by the Governor as set out in this subsection: 
A. One member who holds an advanced degree in toxicology; 
B. One member who holds an advanced degree in epidemiology; 
C. One member who represents the interests of business and commerce; 
D. One member who represents the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention; and 
E. One member who represents the Department of Environmental Protection. 
2. Terms. Members are appointed for staggered terms of 3 years. 
3. Compensation. Members are entitled to compensation for expenses according to 
Title 5, section 12004-1, subsection 24-G. 
4. Quorum; actions. A quorum is 3 members. An affirmative vote of the majority 
of the members present at a meeting is required for any action. Action may not be 
considered unless a quorum is present. 
5. Chair. The Governor shall appoint one member to serve as chair. 
6. Meetings. The board shall meet at least 2 times per year and at any time at the 
call of the chair or upon written request to the chair by 4 of the voting members. 
7. Staff support. The state agencies shall provide the board with staff support. 
S. 
Duties; powers. 
The board shall review testing, including scientific risk 
assessment, that has been performed to determine the presence of chemicals of high 
concern in children's products. The board may recommend further testing, including 
different methods oftesting, to be performed by the state agencies. 
Sec. 3. Collaboration with federal agencies. 
By November 15, 2008, the 
Department of Environmental Protection and the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention, referred to in this section as 
"the state agencies," shall consult with the United States Environmental Protection 
Agency, the National Institutes of Health, the National Institute of Environmental Health 
Sciences and the United States Consumer Product Safety Commission, jointly referred to 
in this section as "the federal agencies," regarding the scope of current and planned 
federal activity relating to the safety of chemicals used in consumer products. The state 
agencies shall also seek comment from the federal agencies on the list of chemicals of 
high concern. The state agencies shall use the information provided by the federal 
agencies to identify areas where action by the State is practical and necessary. For 
SENATE AMENDMENT 
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SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 1432, L.D. 2048 
purposes of this section, "chemical," "chemical of high concern" and "consumer product" 
have the same meanings as in the Maine Revised Statutes, Title 38, section 1691. 
Sec. 4. Report. By February 1,2009, the Department of Environmental Protection 
and the Department of Health and Human Services, Maine Center for Disease Control 
and Prevention, referred to in this section as "the state agencies," shall submit to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters a 
report detailing the collaborative efforts between the United States Environmental 
Protection Agency, the National Institutes of Health, the National Institute of 
Environmental Health Sciences and the United States Consumer Product Safety 
Commission and the state agencies. The report must also include recommendations for 
state action relating to the regulation of chemicals in consumer products, specific details 
of resources available to the state agencies to implement the recommendations and budget 
projections for implementing the recommendations for the next 2 bienniums. 
Sec. 5. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 38, 
section 1693, subsection 2, of the initial members appointed to the Scientific Assessment 
Review Board, the member appointed pursuant to Title 38, section 1693, subsection 1, 
paragraph A is appointed for one year and the members appointed pursuant to paragraphs 
Band C are appointed for 2 years. 
Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Remediation and Waste Management 0247 
Initiative: Provides funds for one Toxicologist position, contractual services and general 
operating expenses required to carry out the purposes of this Act. 
GENERAL FUND 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$77,259 
All Other 
$0 
$83,673 
GENERAL FUND TOTAL 
$0 
$160,932 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment removes all the provisions of Committee Amendment "A" regarding 
the identification of priority chemicals, including the development of the list, requirement 
to disclose, sales prohibition and determination of safer alternatives. This amendment 
maintains the requirement in Committee Amendment "A" that the Department of 
Environmental Protection in consultation with the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention publish a list of chemicals of 
SENATE AMENDMENT 
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SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1432, L.D. 2048 
high concern but adds a requirement that any existing or needed scientific risk 
assessments required to determine human health effects at relevant exposure levels be 
identified by the department and the center. 
This amendment establishes the Scientific Assessment Review Board to serve as a 
review body to assess the testing that has been performed on consumer products and to 
review the list of chemicals of high concern and to provide recommendations to the 
department and the center regarding further testing, including different methods of 
testing. 
This amendment requires the department and the center to collaborate with certain 
federal agencies regarding the scope of current and planned federal activity relating to the 
safety of chemicals used in consumer products and to seek comment from the federal 
agencies on the list of chemicals of high concern. The department and the center are 
required to use the information provided by the federal agencies to identify areas where 
action by the State is practical and necessary. 
Finally, this amendment requires the department and the cente~-to.submit a report to 
the 124th Legislature that includes recommendations for state action relating to the 
regulation of chemicals in consumer products, specific details of resources available to 
the state agencies to implement the recommendations and budget projections for 
implementing the recommendations for the next 2 bienniums. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: ~& ~ 
(Senator SMITH, D.) 
COUNTY: Piscataquis 
flSCAL NOTE REQUIRED 
(See Attached) 
SENATE AMENDMENT 
Approved: 04/07/08 
frCZc:.. 
LD 2048 
LR 2877(05) 
An Act To Protect Children's Health and the Environment from Toxic Chemicals in Toys and 
Children's Products 
Fiscal Note for Senate Amendment "A " to Committee Amendment "A" 
Sponsor: Sen. Smith, D. of Piscataquis 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
$160,932 
$160,932 
Projections 
2009-10 
$47,263 
$47,263 
Projections 
2010-11 
$5,000 
$5,000 
This legislation includes a General Fund appropriation to the Department of Environmental Protection of $160,932 in 
fiscal year 2008-09 to provide funds for a Toxicologist position, contractual services and general operating expenses 
required to carry out the purposes of this act. 
LR2877(05) - Fiscal Note - Page 1 of 1