An Act Regarding the Disclosure of Hormone-disrupting Chemicals in Packaged Food
Maine Legislature, Session 128, LD 1182
Committee: Agriculture, Conservation and Forestry
Sponsors: BATES, DAVIS, BABBIDGE, BEEBE-CENTER, HARVELL, O'NEIL, WADSWORTH, WHITE

Legislative Document
No. 1182
H.P. 819
House of Representatives, March 28, 2017
An Act Regarding the Disclosure of Hormone-disrupting Chemicals 
in Packaged Food
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BATES of Westbrook.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: BABBIDGE of Kennebunk, BEEBE-CENTER of Rockland, CASÁS of 
Rockport, HARVELL of Farmington, O'NEIL of Saco, WADSWORTH of Hiram, WHITE of 
Washburn.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA c. 552 is enacted to read: 
CHAPTER 552 
HORMONE-DISRUPTING CHEMICALS IN FOOD OR BEVERAGE 
PRODUCTS 
§2231.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Department.  "Department" means the Department of Agriculture, Conservation 
and Forestry. 
2.  Distributor.  "Distributor" has the same meaning as under Title 32, section 1732, 
subsection 2.  
3.  Food or beverage packaging.  "Food or beverage packaging" or "food or 
beverage package" means a container or wrapper intended to be in contact with food or 
beverages and used to store food or beverages for sale.  "Food or beverage packaging" 
includes, but is not limited to, boxes, foil or plastic wrapping, paper and aluminum or 
other metal cans and pouches. 
4.  Food or beverage product.  "Food or beverage product" means any food or 
beverage that is contained in a food or beverage package at the time of sale. 
5.  Manufacturer.  "Manufacturer" means a person who manufactured a food or 
beverage product or whose brand name is affixed to the food or beverage product.  In the 
case of a food or beverage product that was imported into the United States, 
"manufacturer" includes the importer or first domestic distributor of the food or beverage 
product if the person who manufactured or assembled the food or beverage product or 
whose brand name is affixed to the food or beverage product does not have a presence in 
the United States. 
6.  Ortho-phthalates.  "Ortho-phthalates" means any chemical belonging to the class 
of ortho-phthalates or dialkyl ortho-phthalates. 
7.  Packaging component.  "Packaging component" means any individual part of a 
food or beverage package such as, but not limited to, any interior or exterior blocking, 
cushioning, coatings, closures, inks and labels.  
§2232.  Disclosure requirements for ortho-phthalates in food or beverage products 
1.  Disclosure requirements for food or beverage products.  Beginning 12 months 
after the effective date of this section and by January 1st every year thereafter, a person 
that is a manufacturer or a distributor of a food or beverage product for sale shall submit 
to the department written notice if ortho-phthalates or any other chemicals that the 
department determines pose a human health hazard are present in an amount greater than 
a de minimus level in: 
A.  The food or beverage packaging; or 
B.  The food or beverage product. 
2.  Information to be disclosed.  A manufacturer or distributor subject to the 
disclosure requirements in this section shall include the following in the written notice to 
the department required by subsection 1: 
A.  The brand and product name of the food or beverage product containing ortho-
phthalates or other chemicals; 
B.  The packaging component of the food or beverage packaging containing ortho-
phthalates or other chemicals; 
C.  Whether the food or beverage product within the food or beverage packaging 
contains ortho-phthalates or other chemicals; 
D.  The number of units of the food or beverage product being distributed for sale 
both in the State and nationally; 
E.  The chemical abstracts service registry numbers of the ortho-phthalates or other 
chemicals that appear on the material safety data sheets required under 29 Code of 
Federal Regulations, Part 1910, Section 1200; 
F.  The amount of each ortho-phthalate or other chemical detected in each unit of the 
food or beverage product; and 
G.  The intended purpose of each ortho-phthalate or other chemical subject to 
reporting in the food or beverage product. 
3.  Exempt manufacturers.  The following are exempt from all requirements in this 
chapter: 
A.  A manufacturer or distributor of alcoholic beverages; and 
B.  A manufacturer or distributor with annual aggregate gross sales of food and 
beverage products, including sales both within and outside the State, of less than 
$1,000,000,000, based on the most recently published industry sales data as of the 
date of submittal of the written notice required by subsection 1. 
§2233.  Departmental authority to further investigate food contamination 
After receiving initial written notice required by this chapter, the department may 
require a manufacturer to disclose the presence of ortho-phthalates in materials used in 
food or beverage production to determine additional sources of ortho-phthalate 
contamination.  
§2234.  Public access to information 
Every year, the department shall publish on its publicly accessible website, publish in 
printed materials or otherwise make publicly available all information received from 
manufacturers and distributors pursuant to this chapter. 
§2235.  Fees 
The department may assess a fee on the manufacturer or distributor upon receipt of 
the written notice under section 2232 to cover the department's costs of implementing this 
chapter. 
§2236.  Rulemaking 
The department shall adopt rules to implement this chapter.  Rules adopted pursuant 
to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
SUMMARY 
This bill requires manufacturers and distributors of food or beverage products to 
submit to the Department of Agriculture, Conservation and Forestry written notice if an 
ortho-phthalate or any other chemical the department determines poses a human health 
hazard is present in an amount greater than a de minimus level in the product's container 
or packaging or the food or beverage within the container or packaging.  It requires the 
department to make information received from manufacturers and distributors available 
to the public.  It authorizes the department to assess a fee on manufacturers and 
distributors.