An Act To Further Strengthen the Prot(lction of Pregnant Women and Children from Toxic Chemicals
Maine Legislature, Session 126, LD 1181
Committee Amendment CA_A_S310 (Senate)
Amends: 38 MRSA §1691, 38 MRSA §1693, 38 MRSA §1693-A, 38 MRSA §1693-B, 38 MRSA §1694, 38 MRSA §1696, 38 MRSA §1697, 38 MRSA §1699

COMMITTEE AMENDMENT "A " to S.P. 418, L.D. 1181, Bill, "An Act To 
Further Strengthen the Prot(lction of Pregnant Women and Children from Toxic 
Chemicals" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §1691, sub-§8-A, as enacted by PL 2011, c. 319, §2, is 
amended to read: 
8-A. Credible scientific .,vidence. "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. 2. 38 MRSA §Hi91, sub-§10-A, as enacted by PL 2011, c. 319, §2, is 
repealed and the following enacted in its place: 
to-A. Practical quantification limit. "Practical quantification limit" means: 
A. The lowest concentration of a chemical that can be reliably measured within 
specified limits of precision, accuracy, representativeness, completeness and 
comparability during routine laboratory operating conditions: or 
B. The concentration of a chemical determined by the department pursuant to section 
1693-B. 
The practical quantification limit is based on scientifically defensible, standard analytical 
methods. 
The practical quantification limit for a given chemical may be different 
depending on the matrix and the analytical method used. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A 
"to S.P. 418, L.D. 1181 
Sec. 3. 38 MRSA §1693, sub-§2, as repealed and replaced by PL 2011, c. 319, 
§3, is repealed and the following enacted in its place: 
2. Revisions. The list of chemicals of concern may be revised. 
By July 1. 2015 and every 3 years thereafter, the department may review any new 
credible scientific evidence submitted to the department pertaining to the list and may 
revise the list based on the review. The department may add a chemical 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. 
A person may submit recommendations with supporting credible scientific evidence to 
the department to consider a chemical for addition to the list. By July 1. 2015, and 
annually thereafter, the department shall publish a list of chemicals recommended for 
consideration pursuant to this subsection and any changes made to the list of chemicals of 
concern. 
Sec. 4. 38 MRSA §1693, sub-§3, ~A, as enacted by PL 2011, c. 319, §3, is 
amended to read: 
A. Does not meet the criteria for listing pursuant to subsection 1 t-ef~ 
Sec. 5. 38 MRSA §1693, sub-§3, ~, as enacted by PL 2011, c. 319, §3, is 
repealed. 
Sec. 6. 38 MRSA §1693-A, sub-§3, as enacted by PL 2011, c. 319, §4, is 
amended to read: 
3. Updates. +he By January 1, 2015, and every 3 years thereafter, the commissioner 
shall review the list published pursuant to subsection 1 at least e· .. ery 3 years. The 
commissioner shall remove any chemical from the list of chemicals of high concern that 
has been designated as a priority chemical pursuant to section 1694 or that no longer 
meets any of the criteria of subsection 2. The commissioner may identify additional 
chemicals of high concern according to the criteria and requirements of this section. The 
list of chemicals of high concern may not consist of more than 70 or fewer than 10 
chemicals of high concern, unless fewer than 10 chemicals of high concern meet any of 
the criteria under subsection 2. 
A person may submit recommendations with supporting credible scientific evidence to 
the department to consider a chemical for addition to the list of chemicals of high 
concern. By January 1,2015, and annually thereafter, the department shall publish a list 
of chemicals recommended for consideration pursuant to this subsection and any changes 
made to the list of chemicals of high concern. 
Sec. 7. 38 MRSA §1693-A, sub-§3-A is enacted to read: 
3-A. Reportin~ of chemical use; rules. Within existing resources, the department 
may adopt rules that apply the reporting requirements of section 1695, subsection 1 to a 
person who is a manufacturer or distributor of a children's product for sale in the State 
that contains a chemical of high concern in an amount greater than a de minimis level. 
Sec. 8. 38 MRSA §1693-B is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT;4 .. to S.P. 418, L.D. 1181 
§1693-B. Practical quantification limit rules 
The department may adopt rules to specify a practical quantification limit for a 
specific chemical in a specific matrix if the department finds based on credible scientific 
evidence that the use of a specific, relevant standard analytical method is the dominant 
industry practice. Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 9. 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 may designate additional priority chemicals if the 
commissioner finds that the chemicals meet one of the criteria listed in subsection 1. 
A person may submit recomtnendations with supporting credible scientific evidence to 
the department to consider a chemical for designation as a priority chemical. By January 
1, 2015, and annually thereafter, the department shall publish a list of chemicals 
recommended for consideration as priority chemicals pursuant to this subsection and any 
changes made to the list of chemicals designated as priority chemicals. 
Sec. 10. 38 MRS A §16~'5, sub-§§2 and 4, as enacted by PL 2007, c. 643, §2, are 
amended to read: 
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; 
B. Information on the ext'ent 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 assessmeflt aooeptable to the 
departmeflt is flOt timely SUBmitted, the departmeflt may assess a fee Ofl the 
manufaoturer or distributor to oover the oosts to prepare an ifldepefldeat report Ofl the 
a'r'ailaBility of safer altematives By a oofltraotor of the departmeat's ohoioe. 
If an assessment acceptable to the department is not timely submitted or if the 
department determines the preparation of such an assessment by an independent 
contractor will be more expeditious, cost-effective or comprehensive, 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A .. to S.P. 418, L.D. 1181 
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. 
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 suesta-sti¥e routine technical rulemaking, as defined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 11. 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. 12. 38 MRSA §1697, sub-§8, as enacted by PL 2007, c. 643, §2, is repealed 
and the following enacted in its place: 
8. 
Food and beverage packaging. 
The following provisions govern the 
applicability of this chapter to food and beverage product containers and packaging. 
A. A container or packaging for a food or beverage product is exempt from the 
requirements of this chapter, unless that product is intentionally marketed or intended 
for use by children under 3 years of age. 
B. Notwithstanding paragraph A. by January 1, 2014 and by January 1st every year 
thereafter, a person who is a manufacturer or distributor of a children's product that is 
a food or beverage product for sale in the State that contains a priority chemical in an 
amount greater than a de minimis level shall submit to the department written notice 
required by this paragraph, if: 
(1) The priority chemical is present in the product's container or packaging; and 
(2) The manufacturer or distributor has annual aggregate gross sales of food and 
beverage products, including sales both within and outside the State, of more than 
$1,000,000,000, based on the most recently published industry sales data as of 
the date of submittal of the written notice. 
The written notice to the department must identify the food or beverage product 
container or packaging containing the priority chemical, the number of units sold or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT::A .. to S.P. 418, L.D. 1181 
distributed for sale both in the State and nationally, the priority chemical or chemicals 
contained in the food or beverage product container or packaging, the amount of 
priority chemical in each unit and the intended purpose of the priority chemical in the 
product. The department may approve similar information submitted to other entities 
for the purpose of meeting the requirements of this paragraph. 
The department shall implement this paragraph within existing resources or may 
assess a fee payable by the manufacturer or distributor upon submission of the written 
notice to cover the department's reasonable costs of implementation. The department 
may not consider information submitted under this paragraph in place of any 
information required to be submitted under section 1695. 
Sec. 13. 38 MRSA §1699, as enacted by PL 2007, c. 643, §2, is repealed and the 
following enacted in its place: 
§1699. Education and assish~nce 
1. Education and assist:mce. As resources allow, the department shall develop a 
program to educate and assist consumers and retailers in identifying children's products 
that may contain priority chemicals. 
2. Citizen participation. Once every year, beginning in 2015, the department shall 
establish a 30-day period during which any person may submit information, in summary 
form, on the topic of toxic ch,emicals in children's products and the effectiveness of this 
chapter. The summary must be limited to the concise key points related to the products 
or chemicals. The department may request additional information based on the summary 
provided. 
3. Information. Beginning January 1, 2014 and annually by January 1st thereafter, 
the department shall publish on the department's publicly accessible website the list of 
chemicals of high concern under section 1693 -A, subsection 1 and the types of products 
that contain each chemical on Ithe list. 
4. Online list. The department may publish in electronic format on the department's 
publicly accessible website a list of children's products that do not contain priority 
chemicals or chemicals of high concern. The list may provide links to websites of 
manufacturers of the children's products. A manufacturer may petition the department to 
include a children's product on the list and must submit a sworn affidavit declaring that 
the product does not contain a priority chemical or a chemical of high concern. 
Sec. 14. Progress report. By January 3,2014, the Department of Environmental 
Protection shall consult with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention to review relevant available information 
regarding chemicals in children's products and consider appropriate actions under the 
Maine Revised Statutes, Titl\':: 38, chapter 16-D. Upon request by the Joint Standing 
Committee on Environment and Natural Resources, the department shall provide a 
briefing on the department's implementation of Title 38, chapter 16-D to the joint 
standing committee. The joint standing committee may report out a bill relating to the 
briefing to the Second Regular Session of the l26th Legislature. 
Sec. 15. Appropriations and allocations. The following appropriations and 
allocations are made. 
COMMITTEE AMENDMENT 
A •.... 
COMMITTEE AMENDMENT 'A " 
to S.P. 418, L.D. 1181 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Administration - Environmental Protection 0251 
Initiative: Provides Other Special Revenue Funds allocations for technology costs related 
to implementing changes in the toxic chemicals in children's products program. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPEClAL REVENUE FUNDS TOTAL 
Administration - Environmental Protection 0251 
2013-14 
$586 
$586 
2014-15 
$781 
$781 
Initiative: Provides funding for technology costs related to implementing changes in the 
II 
toxic chemicals in children's products program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Remediation and Waste Management 0247 
2013-14 
$665 
$665 
2014-15 
$886 
$886 
Initiative: Provides funding for one Environmental Specialist IV posloon and one 
Toxicologist position and associated administrative and technology costs related to 
implementing changes in the toxic chemicals in children's products program. 
GENERAL FUND 
2013-14 
POSITIONS - LEGISLATIVE COUNT 
2.000 
Personal Services 
$121,721 
All Other 
$57,784 
GENERAL FUND TOTAL 
$179,505 
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
2013-14 
GENERAL FUND 
$180,170 
OTHER SPECIAL REVENUE FUNDS 
$586 
DEPARTMENT TOTAL-ALL FUNDS 
$180,756 
COMMITTEE AMENDMENT 
2014-15 
2.000 
$173,121 
$19,045 
$192,166 
2014-15 
$193,052 
$781 
$193,833 
R. If S. 
COMMITTEE AMENDMENT:A "to S.P. 418, L.D. 1181 
SUMMARY 
This amendment is the majority report of the committee and replaces the bill. The 
amendment does the following. 
1. It adds a pUblication of an authoritative state agency to the definition of "credible 
scientific evidence." 
2. It authorizes the Department of Environmental Protection to specify by rule the 
practical quantification limit for a chemical based on standard industry practice and 
credible scientific evidence. 
3. It establishes a process for considering revisions to the lists of chemicals of 
concern, chemicals of high concern and priority chemicals. 
4. It authorizes the Department of Environmental Protection to adopt rules to require 
reporting of chemical use for chemicals of high concern in children's products. 
5. 
It authorizes the Department of Environmental Protection to contract for an 
independent alternatives assessment for priority chemicals without first requesting one 
from manufacturers or distributors of children's products. 
6. It requires manufacturers and distributors of food and beverage products with 
annual sales greater than $1,000,000,000 to report their use of priority chemicals in 
containers and packaging to the Department of Environmental Protection by January 1, 
2014 and annually thereafter. 
7. It directs the Department of Environmental Protection to establish a 30-day period 
each year during which persons may submit information on the topic of toxic chemicals 
in children's products. 
8. It requires the annual publication of the list of chemicals of high concern on the 
Department of Environmental Protection's publicly accessible website. 
9. 
It authorizes the Department of Environmental Protection to publish on the 
department's publicly accessible website a list of children's products that do not contain 
priority chemicals or chemicals of high concern. 
10. 
It directs the DepaItment of Environmental Protection to consult with the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention by January 3, 2014 to review information regarding chemicals in children's 
products and consider appropriate actions. 
It also authorizes the Joint Standing 
Committee on Environment and Natural Resources to report out a bill relating to a 
briefing by the department on the laws governing toxic chemicals in children's products. 
11. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/18/13 ~c 
LD 1181 
LR 1627(02) 
An Act To Further Strengthen the Protection of Pregnant Women and Children from Toxic Chemicals 
Fiscal Note for Bill as Amended by Committee Amendment ;~.'(S-~\O) 
Committee: Environment and Natural Resources 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
$180,170 
$180,170 
$586 
FY 2014-15 
$193,052 
$193,052 
$781 
Projections 
FY 2015-16 
$198,246 
$198,246 
$781 
Projections 
FY 2016-17 
$203,595 
$203,595 
$781 
The bill includes General Fund appropriations of$180,170 in fiscal year 2013-14 and $193,052 in fiscal year 2014-15 
to the Department of Environmental Protection to fund one full-time Environmental Specialist IV position and one full-
time Toxicologist position along with the associated administrative and technology costs related to implementing 
changes in the toxic chemicals in children's products program. It also includes related Other Special Revenue Funds 
allocations to the department of$586 and $781 in fiscal years 2013-14 and 2014-15, respectively. This estimate is 
based on fully implementing all the authorized changes detailed in the bill. 
LR1627(02) - Fiscal Note - Page 1 of 1