An Act To Protect Children's Health and the Enviromnent from Toxic Chemicals in Toys and Children's Products
Maine Legislature, Session 123, LD 2048
Committee: Natural Resources
Sponsors: PINGREE, DOW, BRAUTIGAM, CONOVER, CUMMINGS, HINCK, PERRY, TREAT, EDMONDS, MARTIN

Legislative Document 
No. 2048 
H.P.1432 
House of Representatives, December 21, 2007 
An Act To Protect Children's Health and the Enviromnent from 
Toxic Chemicals in Toys and Children's Products 
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 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative PINGREE of North Haven. 
Cosponsored by Senator DOW of Lincoln and 
11/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRAUTIGAM of Falmouth, CONOVER of Oakland, Speaker CUMMINGS 
of Portland, HINCK of Portland, PERRY of Calais, TREAT of Hallowell, Senators: President 
EDMONDS of Cumberland, MARTIN of Aroostook. 
Printed on recycled poper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA c. 16-D is enacted to read: 
CHAPTER 16-D 
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. Alternative. "Alternative" means a substitute process, product, material, chemical, 
strategy or combination of these that serves a functionally equivalent purpose to a 
chemical in a children's product. 
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2. Chemical. "Chemical" means a substance with a distinct molecular composition 
or a group of structurally related substances and includes the breakdownroducts of the 
substance or substances that form through decomposition, degradation or metabolism. 
3. 
Chemical of high COIlcern. "Chemical of high concern" means a chemical 
identified by .an authoritative governmental entity on the basis of credible scientific 
evidence as being known to: 
A. Hann the normal development ofa fetus or child or cause other developmental 
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toxicity; 
B. Cause cancer, .genetic damage or reproductive hann; 
C. Disrupt the endocrine or hormone system; 
D. Damage the nervous system, immune system or organs or cause other systemic 
toxicity; 
E. Be persistent, bioaccnmulative and toxic; or 
F. Be very persistent.and very bioaccwnulative. 
4. Chemical gf low OO1IeeTn. "Chemical of low concern" means a chemical for 
which adequate toxicity and environmental data are available to determine that it is not a 
chemical of high concern, a chemical of moderate concern or a chemical of unknown 
concern. 
5. 
Chemical of moaeratc COaceTll. "Chemical of moderate concern" means a 
chemical identified by an authoritative governmental entity 00 the basis of credible 
scientific evidence as being iuspected of causing an adverse health or environmental 
effect listed in subsection 3. 
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.. Chemical of unknown concern. "Chemical of unknown concern" means a 
chemical for which insufficient data are available to classify it as a chemical of high 
concern, a chemical of moderate concern or a chemical of low concern. 
7. Children's product. "Children's product" means a consumer product intended for 
use bv 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. 
8. 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 drug or biologic regulated by the federal Food and Drug 
II 
Administration, 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, except 
that "consumer product" may include a container or packaging in which such an item is 
sold. 
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9. Distributor. "Distributor" means a person who sells consumer products to retail 
establishments on a wholesale basis. 
10. 
Manufacturer. "Manufacturer" means any person who manufactured a final 
consumer product or whose brand name is affixed to the consumer product. In the case of 
a consumer product that was imported into the United States, "manufacturer" includes the 
importer or domestic distributor of the consumer product if the person who manufactured 
or assembled the consumer product or whose brand name is affixed to the consumer 
product does not have a presence in the United States. 
11. Priority chemical. "Priority chemical" means a chemical identified as such by 
the commissioner pursuant to section 1692, subsection 1. 
12. Safer alternative. "Safer alternative" means an alternative that, when compared 
to a priority chemical that it could replace, would reduce the potential for harm to human 
health or the environment or that has not been shown to pose the same or greater potential 
for harm to human health or the environment as that priority chemical. 
§ 1692. Identification of priority chemicals 
1. 
Process and criteria. Not later than January I, 20 II, the commissioner shall 
identity at least 100 chemicals of high concern as priority chemicals after consideration 
of the potential for exposure of a child or fetus to each chemical as determined on the 
basis of credible scientific evidence in accordance with one or more of the following 
criteria: 
A. 
The chemical has been found through biomonitoring to be present in human 
blood, including umbilical cord blood, breast milk, urine or other bodily tissues or 
fluids; 
B. The chemical has been found through sampling and analysis to be present In 
household dust, indoor air, drinking water or elsewhere in the home environment; 
) 
C. The chemical has been added to or is present in a consumer product used or 
present in the home; or 
:' 
D. The chemical has been identified as a high production volume chemical by the 
federal Environmental Protection Agency. 
2. Updates. The commissioner shall update the list of priority chemicals in this 
section at Least every 3 years by adding additional chemicals of high cQ!!Cern after 
consideration of the criteria listed in this':section. 
§ 1693. Disclosure of information on priority chemicals 
1. Reportin2 of chemical use. Not later than 180 days after a priority chemical is 
identified pursuant to section 1692, any person who is a manufacturer or distributor of a 
children's product for sale in the State that contains a priority chemical shall notify the 
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department in writing unless waived by the commissioner pursuant to this section or 
exempt pursuant to section 1695. This written notice must identify the product, the 
number of units sold or distributed for sale in the State or nationally, the priority chemical 
or chemicals contained in the product, the amount of such chemicals in each unit of 
product and the intended purpose of the chern icals in the product. 
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2. Waiver of reporting; fee; extension of deadline. The commissioner may waive 
the notification requirement under subsection I for one or more specified uses of a 
priority chemical if the commissioner determines that substantially equivalent 
information is already publicly available or that the specified use or uses are minor in 
volume or not likely to result in exposure of a child or fetus to the chemical. The 
department may assess a fee payable by the manufacturer or distributor upon submission 
of the notification to cover the department's reasonable costs in managing the information 
collected. The department may extend the deadline for submission of the required 
information for one or more specified uses of a priority chemical in a children's product if 
it determines that more time is needed by the manufacturer or distributor to comply or if 
the information will not be needed until a later time in accordance with the schedule 
adopted pursuant to section 1694, subsection 1. 
§1694. Safer alternatives to priority chemicals 
1. Determination process. Not later than January 1, 2012, the department shed: 
make a dctermination as to the availability of safer alternatives for one or more...JlQccific 
uses of at least one priority chemical in a children's product. Not later tlL'!!l~nUi!l}J-" 
2013, the department shall adopt a schedule for completion Of~~li~w atlcl 
determination of the availability of safer alternatives for the major uses ilLchildren's 
products of all priority chemicals identified pursuant to section 1692. subsection 1: This 
schedule must include goals and a timeline established at the discretion of the department 
to complete the review and determination and must be updated periodicallv to account for 
priority chemicals identified pursuant to section 1692, subsection 2. 
2. 
Safer alternative required. The department shall require a manufacturer or 
distributor to replace a priority chemical in a children's product sold in the State with a 
safer alternative whenever the department determines that a safer alternative is available 
for the specified use of the priority chemical in that product. Upon making such a 
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determination, the department shall specify a reasonably expeditious timeline, not to 
exceed 3 years, by which date the priority chemical in the children's product sold in the 
State must be replaced with a safer alternative. The manufacturer or distributor subject to 
a requirement under this section must comply with the requirement or be subject to the 
prohibition specified in section 1698, subsection 2. An alternative to a priority chemical 
is presumed to be a safer alternative if it is not a chemical of high concern. 
3. Compliance plan. Not later than 180 days prior to the date specified by the 
department under subsection 2 to replace a priority chemical with a safer alternative, the 
manufacturer or distributor ofa children's product containing that chemical shall submit a 
compliance plan acceptable to the department. The compliance plan must identify the 
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means of compliance, the safer alternative that will replace the priority chemical and a 
means to educate and assist retailers to ensure timely compliance. 
4. Responsibility. A manufacturer or distributor of a children's product containing a 
priority chemical shall notify persons that sell the product of the requirements of this 
chapter. 
5. Authority ~ranted. The department has the authority to take actions under this 
subsection. 
A. The department has the authority to require that the safer alternative required 
under this section to replace a priority chemical in a children's product be the least 
toxic to human health or least harmful to the environment of several available safer 
alternatives to the priority chemical in question. 
B. The department has the authority to require that a manufacturer or distributor of a 
children's product containing a priority chemical prepare and submit a report 
acceptable to the department that assesses the availability of safer alternatives to that 
chemical as long as reasonable time is provided to complete the report. If a report 
acceptable to the department is not timdy submitted, the department may assess a fee 
on the manufacturer or distributor to cover the costs to prepare an independent report 
on_ the availabilitv of safer alternatives by a contractor of the department's choice. 
~Pctitions. Am person mav petition the department in writing to make a 
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dctcrmi.ol1J!Qn as t~~hC1b~IJlsafer alteIT!ative is availabk fOl:~_specified usc of a priority 
J 
cb~Tl_lic91iJ1achl\irf.:r:L·s RLQ~il£l._Jhej~arlment shall rnaJs~jts determination within J 8Q 
3:': 
qa.)_s af}~~01c.:n d~Qill1l]lenu:ollcludes that the petitioner has submittedJ?nough information 
tQ __ ~st<iliJi-"b_'LJeason,!QkJ2,!sis for informing the determin'!tion of the d,ffiA.-rtment. The 
J -+ 
Q.£.tiJjQJl~r _b~.ars 1he bllr(k~QL"proof in establ ishing the" avai l~blli!l-Qf a safer alteI1J~1ti\'c. 
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§ 1695. E xem ptions 
1. Small quantities. The disclosure requirements of section 1693 do not apply to a 
manufacturer that produces and sells its product at retail in the State in small quantities. 
2. 
Industry. The requirements of this chapter do not apply to uses of priority 
chemicals for industrial or manufacturing purposes. 
3. Vehicles. The requirements of this chapter do not apply to motor vehicles as 
defined in Title 29-A, section 101, subsection 42 or their component parts, except that the 
use of priority chemicals in detachable car seats is not exempt. 
4. Combustion. The requirements of this chapter do not apply to priority chemicals 
generated solely as combustion by-products or that are present in combustible fuels. 
5. Retailers. A retailer is exempt from the requirements of this chapter, unless that 
retailer knowingly sells a consumer product containing a priority chemical after the 
effective date of its prohibition for which that retailer has received prior notification from 
a manufacturer, distributor or the State. 
6. 
Exemption process. A manufacturer or distributor may apply to the 
commissioner for an exemption for one or more specific uses of a priority chemical 
subject to a requirement of replacement with a safer alternative adopted under section 
1694. The written application for exemption must identify the specific consumer product 
use or uses for which the exemption is sought. The application must document the 
alternatives evaluated and the basis for concluding that alternatives are not feasible. 
The commissioner may grant an exemption for a term not to exceed 5 years upon finding 
that there is no feasible alternative to the use or uses of a priority chemical in a consumer 
product. 
§16%. Interstate clearinghouse to promote safer chemicals 
The department is authorized to participate in an interstate clearinghouse to promote 
safer chemicals in consumer products in cooperation with other states and governmental 
entItIes. 
The department mav cooperate witlLthe interstate clearinghouse to classify 
existing chemicals in commerce into one of -+ categories: chemicals of high concern, 
chemicals of moderate concern, chemicals of unknown concern and chemicals of low 
concern: to organize and manage available data on chemicals, including information Of! 
uses, hazards and environmental concerns: tOJlroduce and inventorY information on safer 
alternatives to specific uses of chemicals of concern and on model poLici\,~s and programs: 
to provide technical assistance to business and consumers related to safer chemicals; and 
to undertake other activities in support of state programs to promote safer chemicals. 
§1697. Ed-ucation and assistance 
The department shall develop a program to educate and assist consumers and retailers 
in identifying children's products that may contain priority chemicals. 
§1698. Enforcement and implementation 
1. General. If a manufacturer or distributor fails to comply with a requirement of 
this chapter within 90 days of the effective date of the requirement, unless otherwise 
provided in this chapter, the department may take enforcement action under section 347-
A, may assess penalties under section 349 and may request the Attorney General to 
initiate immediate injunction proceedings to prevent the sale of the product. 
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2. Restriction on sale. A manufacturer or distributor who fails to comply with the 
safer alternatives requirements of section 1694 by the effective date specified by the 
department is prohibited from selling or distributing for sale in the State a children's 
product containing the priority chemical subject to the requirement. 
3. 
Certificate of compliance. If there are grounds to suspect that a consumer 
product is being offered for sale in violation of this chapter, the commissioner may 
request the manufacturer or distributor of the product to provide a certificate of 
compliance. Within 10 days of receipt of a request, the manufacturer or distributor shall: 
A. Provide the commissioner with the certificate attesting that the consumer product 
complies with the requirements of this chapter; or 
B. Notify persons who sell the consumer product 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. 
§1699. Rulemaking 
The department may adopt rules to facilitate implementation of the authority granted 
in and requirements of this chapter. Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 
Report to the Legislature. Not later than January 15, 2009, the 
Department of Environmental Protection shall submit a report to the joint standing 
committee of the Legislature having jurisdiction over natural resources matters that 
details the department's plans for implementing the requirements of the Maine Revised 
Statutes, Title 38, chapter 16-0 and that analyzes options and makes recommendations 
for funding implementation of that chapter. The committee is authorized to introduce 
legislation related to this matter based on consideration of the report of the department to 
the First Regular Session of the I 24th Legislature. 
SUMMARY 
This bill requires manufacturers of children's products that contain chemicals of high 
concern to disclose information to the Department of Environmental Protection on their 
chemical use if the department designates the chemical as a priority chemical based on 
potential exposure of a child or fetus to that chemical. The bill authorizes the department 
to require replacement of a priority chemical in children's products with a safer 
alternative whenever it determines that a safer alternative is available for a specified use. 
The bill exempts use of priority chemicals for industrial or manufacturing purposes, in 
motor vehicles and components, as fuels or that are generated as combustion by-products. 
The bill authorizes the department to participate in an interstate clearinghouse to share 
information and cooperate with other states to promote safer chemicals in consumer 
products. The bill requires the department to report to the Legislature on implementation 
plans and related issues.