An Act To Further Strengthen the Protection of Pregnant Women and Children from Toxic Chemicals
Maine Legislature, Session 126, LD 1181
Committee: Environment and Natural Resources
Sponsors: GOODALL, EVES, ALFOND, GRATWICK, DORNEY, GIDEON, GRAHAM, GRANT, PRINGLE, SANBORN
Amends: 38 MRSA §1691, 38 MRSA §1694, 38 MRSA §1695, 38 MRSA §1696, 38 MRSA §1697

Legislative Document 
No. 1181 
S.P. 418 
In Senate, March 26, 2013 
An Act To Further Strengthen the Protection of Pregnant Women 
and Children from Toxic Chemicals 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GOODALL of Sagadahoc. 
Cosponsored by Speaker EVES of North Berwick and 
Senators: President ALFOND of Cumberland, GRATWICK of Penobscot, Representatives: 
DORNEY of Norridgewock, GIDEON of Freeport, GRAHAM of North Yarmouth, GRANT of 
Gardiner, PRINGLE of Windham, SANBORN of Gorham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1691, sub-§7-A is enacted to read: 
7-A.  Contaminant.  "Contaminant" means a chemical that is present in a product or 
product component but is not an intentionally added chemical.  "Contaminant" includes, 
but is not limited to, a chemical present in ambient airborne dust that settles on the 
surface of a product or product component or a chemical present in the influent water 
supply used to make up a formulated product or product component.  "Contaminant" does 
not include a chemical that is a monomer, reactant or other substance present in a 
polymer added during the manufacture of a product or product component. 
Sec. 2.  38 MRSA §1691, sub-§8-A, as enacted by PL 2011, c. 319, §2, is 
amended to read: 
8-A.  Credible scientific evidence.  "Credible scientific evidence" means the results 
of a study, the experimental design and conduct of which have undergone independent 
scientific peer review, that are published in a peer-reviewed journal or publication of an 
authoritative state, federal or international governmental agency, including but not limited 
to the United States Department of Health and Human Services, National Toxicology 
Program, Food and Drug Administration and Centers for Disease Control and Prevention; 
the United States Environmental Protection Agency; the World Health Organization; and 
the European Union, European Chemicals Agency. 
Sec. 3.  38 MRSA §1694, sub-§2, as amended by PL 2011, c. 319, §5, is further 
amended to read: 
2.  Designation.  The commissioner shall designate at least 2 priority chemicals by 
January 1, 2011.  The commissioner shall designate at least 2 additional priority 
chemicals by January 1, 2014 and at least 2 additional priority chemicals by January 1st 
every year thereafter unless the criteria for that designation are not met.  The 
commissioner may designate additional priority chemicals if the commissioner finds that 
the chemicals meet one of the criteria listed in subsection 1. 
Sec. 4.  38 MRSA §1695, as amended by PL 2011, c. 319, §6, is further amended 
to read: 
§1695.  Disclosure of information on chemicals of high concern and priority 
chemicals 
1.  Reporting of chemical use.  Not later than 180 days after a priority chemical is 
identified pursuant to section 1694, January 1, 2014, the department shall adopt rules that 
require a person who is a manufacturer or distributor of a children's product for sale in the 
State that contains a priority chemical of high concern in an amount greater than a de 
minimis level shall to notify the department in writing on an annual basis unless waived 
by the commissioner pursuant to this section or exempt from this chapter pursuant to 
section 1697.  This written notice must identify the children's product, the number of 
units sold or distributed for sale in the State or nationally, the priority chemical or 
chemicals of high concern contained in the children's product, the amount of such 
chemicals in each unit of children's product and the intended purpose of the chemicals in 
the children's product. 
The rules adopted pursuant to this subsection may phase in the effective date of the notice 
requirement in tiers that take into account the size of the manufacturer and the exposure 
potential of the product, as long as the rules require that the initial notices be submitted 
within 180 days and all notices be submitted within 5 years of the effective date of the 
rule.  Rules adopted pursuant to this section are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A. 
2.  Supplemental information.  The manufacturer or distributor of a children's 
product that contains a priority chemical shall provide the following additional 
information if requested by the department: 
A.  Information on the likelihood that the chemical will be released from the 
children's product to the environment during the children's product's life cycle and the 
extent to which users of the children's product are likely to be exposed to the 
chemical; and 
B.  Information on the extent to which the chemical is present in the environment or 
human body; and. 
C.  An assessment of the availability, cost, feasibility and performance, including 
potential for harm to human health and the environment, of alternatives to the priority 
chemical and the reason the priority chemical is used in the manufacture of the 
children's product in lieu of identified alternatives.  If an assessment acceptable to the 
department is not timely submitted, the department may assess a fee on the 
manufacturer or distributor to cover the costs to prepare an independent report on the 
availability of safer alternatives by a contractor of the department's choice. 
The manufacturer or distributor of a children's product that contains a priority chemical 
may provide additional information to the department regarding the potential for harm to 
human health and the environment from specific uses of the priority chemical. 
2-A.  Alternatives assessment.  The manufacturer or distributor of a children's 
product that contains a priority chemical shall provide an assessment of the availability, 
cost, feasibility and performance, including potential for harm to human health and the 
environment, of alternatives to the priority chemical and the reason the priority chemical 
is used in the manufacture of the children's product in lieu of identified alternatives.  If an 
assessment acceptable to the department is not timely submitted or an equivalent 
assessment is not available from another authority, the department may assess a fee on 
the manufacturer or distributor to cover the costs to prepare an independent report on the 
availability of safer alternatives by a contractor of the department's choice. 
3.  Waiver of reporting; fee; extension of deadline.  The commissioner may waive 
all or part of the notification requirement under subsection 1 for one or more specified 
uses of a priority chemical if the commissioner determines that substantially equivalent 
information is already publicly available, that the information is not needed for the 
purposes of this chapter or that the specified use or uses are minor in volume.  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 information 
required under subsection 1 for one or more specified uses of a priority chemical of high 
concern in a children's product if it determines that more time is needed by the 
manufacturer or distributor to comply with the submission requirement or if the 
information is not needed at that time. 
4.  Rulemaking to determine fees.  If the department assesses a fee pursuant to 
subsection 2, paragraph C or subsection 3, the department shall determine the appropriate 
fee through major substantive rulemaking, as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 5.  38 MRSA §1696, sub-§1-A is enacted to read: 
1-A.  Labeling.  If the board, after consideration of information filed under section 
1695 and other relevant information submitted to or obtained by the board, finds that 
exposure has been established pursuant to subsection 1, paragraph A, but that a finding of 
safer alternatives cannot be made pursuant to subsection 1, paragraph B, then the board 
shall adopt rules prohibiting the manufacture, sale or distribution in the State of a 
children's product containing a priority chemical in an amount greater than a de minimis 
level unless that product or its packaging is clearly labeled to inform the consumer that 
the product contains a priority chemical identified by the State and provide the common 
name of that chemical. 
Sec. 6.  38 MRSA §1696, sub-§2, as amended by PL 2011, c. 319, §8, is further 
amended to read: 
2.  Alternatives assessment; presumptions.  For the purpose of determining 
whether a safer alternative is available under subsection 1, paragraph B, the board may 
shall, in the absence of persuasive evidence to the contrary: 
A.  Presume that an alternative is a safer alternative if the alternative is not a chemical 
of concern; 
B.  Presume that a safer alternative is available if the sale of the children's product 
containing the priority chemical has been banned by another state within the United 
States based on the availability of a safer alternative; 
C.  Presume that a safer alternative is available if the children's product containing the 
priority chemical is an item of apparel or a novelty; and 
D.  Presume that a safer alternative is available if the alternative is sold in the United 
States. 
Sec. 7.  38 MRSA §1697, sub-§8, as enacted by PL 2007, c. 643, §2, is repealed. 
Sec. 8.  Alternatives assessments.  Not later than January 1, 2014, the 
Department of Environmental Protection shall amend its Chapter 883 rule to require 
manufacturers who reported use of the priority chemical nonylphenol ethoxylates to 
submit an assessment of the availability of safer alternatives, consistent with the 
requirements of the Maine Revised Statutes, Title 38, section 1695. 
Not later than January 1, 2014, the Department of Environmental Protection shall 
amend its Chapter 882 rule to require manufacturers of food products packaged in metal 
cans to disclose their use of the priority chemical bisphenol A in the packaging of those 
products, consistent with the requirements of Title 38, section 1695. 
SUMMARY 
This bill amends the laws governing toxic chemicals in children's products, 
commonly referred to as the "Kid-Safe Products Act."  The bill defines "contaminant" 
and adds a publication of an authoritative state agency to the definition of "credible 
scientific evidence."  The bill requires the Commissioner of Environmental Protection to 
name 2 additional priority chemicals annually beginning January 1, 2014, unless the 
criteria for such designation is not met.  The bill requires reporting of chemical use for 
chemicals of high concern in children's products.  The bill requires assessments of safer 
alternatives to priority chemicals in children's products by manufacturers or distributors.  
The bill repeals the exemption of food and beverage packaging not intended for children 
under 3 years of age.  The bill authorizes the Board of Environmental Protection to 
require product labeling if it cannot make the findings necessary to prohibit sale of a 
children's product containing a priority chemical.  The bill requires the department to 
amend its existing priority chemical rules to require alternatives assessments for reported 
uses of nonylphenol ethoxylates, and to require reporting of bisphenol A use in food can 
packaging.