An Act Regarding the Disclosure of Hormone-disrupting Chemicals in Packaged Food
Maine Legislature, Session 128, LD 1182
Committee Amendment CA_A_H506 (House)

COMMITTEE AMENDMENT " A" to H.P. 819, L.D. 1182, Bill, "An Act 
Regarding the Disclosure of Hormone-disrupting Chemicals in Packaged Food" 
Amend the bill in section 1 in chapter 522 in the 2nd line (page 1, line 4 in L.D.) by 
striking out the following: "OR BEVERAGE" 
Amend the bill in section 1 in §2231 by striking out all of subsections 3 to 6 (page 1, 
lines 13 to 28 in L.D.) and inserting the following: 
'3. Food packaging. "Food packaging" or "food package" means a container or 
wrapper intended to be in contact with food and used to store food for sale. "Food 
packaging" or "food package" includes, but is not limited to, boxes, foil or plastic 
wrapping, paper and aluminum or other metal cans and pouches. 
4. Food product. 
"Food product" means any food that is contained in a food 
package at the time of sale. 
5. 
Manufacturer. 
11Manufacturer
means a person who manufactured a food 
product or whose brand name is affixed to the food product. In the case of a food product 
that was imported into the United States, 
11manufacturer
includes the importer or first 
domestic distributor of the food product if the person who manufactured or assembled the 
food product or whose brand name is affixed to the food product does not have a presence 
in the United States. 
6. Ortho-phthalates. 
110rtho-phthalates
refers to any of the following chemicals 
belonging to the class of ortho-phthalates: 
A. Di (2-ethylhexyl) phthalate, DEHP; 
B. Dibutyl phthalate, DBP; 
C. Benzyl butyl phthalate, BBP; 
D. Diethyl phthalate, DEP; and 
E. Any ortho-phthalate identified and listed as a chemical of high concern pursuant 
to Title 38, section 1693-A on or after the effective date of this paragraph.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 819, L.D. 1182 
Amend the bill in section 1 in §2231 in subsection 7 in the 2nd line (page 1, line 30 in 
L.D.) by striking out the following: 
11or beverage" 
Amend the bill in section 1 in §2232 in the first line (page 1, line 32 in L.D.) by 
striking out the following: 
11or beverage" 
Amend the bill in section 1 in §2232 in subsection 1 in the first line (page 1, line 33 
in L.D.) by striking out the following: 
11or beverage" 
Amend the bill in section 1 in §2232 in subsection 1 in the 3rd line (page 1, line 35 in 
L.D.) by striking out the following: 
11or beverage" 
Amend the bill in section 1 in §2232 in subsection 1 in the first paragraph in the last 
line (page 2, line 2 in L.D.) by striking out the following: 
11minimus
and inserting the 
following: 1minimis1 
Amend the bill in section 1 in §2232 in subsection 1 in paragraph A (page 2, line 3 in 
L.D.) by striking out the following: "or beverage" 
Amend the bill in section 1 in §2232 in subsection 1 in paragraph B (page 2, line 4 in 
L.D.) by striking out the following: "or beverage" 
Amend the bill in section 1 in §2232 in subsection 2 in paragraph A in the first line 
(page 2, line 8 in L.D.) by striking out the following: 
11or beverage" 
Amend the bill in section 1 in §2232 in subsection 2 in paragraph B in the first line 
(page 2, line 10 in L.D.) by striking out the following: 
11or beverage" 
Amend the bill in section 1 in §2232 in subsection 2 by striking out all of paragraph 
C (page 2, lines 12 and 13 in L.D.) and inserting the following: 
'C. Whether the food product within the food packaging contains ortho-phthala:tes or 
other chemicals;' 
Amend the bill in section 1 in §2232 in subsection 2 in paragraph D in the first line 
(page 2, line 14 in L.D.) by striking out the following: 
11or beverage" 
Amend the bill in section 1 in §2232 in subsection 2 by striking out all of paragraphs 
E to G (page 2, lines 16 to 22 in L.D.) and inserting the following: 
'E. The chemical abstracts service registry numbers of the ortho-phthalates; 
F. The amount of each ortho-phthalate detected in each unit of the food product; and 
G. The intended purpose of each ortho-phthalate subject to reporting in the food 
product.' 
Amend the bill in section 1 in §2232 in subsection 3 in paragraph A (page 2, line 25 
in L.D.) by inserting after the following: 
11alcoholic
the following: 'or nonalcoholic' 
Amend the bill in section 1 in §2232 in subsection 3 in paragraph B in the first and 
2nd lines (page 2, lines 26 and 27 in L.D.) by striking out the following: "and beverage" 
Amend the bill in section 1 by striking out all of §2233 (page 2, lines 30 to 34 in 
L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 819, L.D. 1182 
'§2233. Departmental authority to further investigate food contamination 
1. Disclosure of other chemicals of concern. After receiving initial written notice 
required by this chapter, the department may require a manufacturer to disclose the 
chemical abstracts service registry numbers of other chemicals contained in the food 
packaging or food product that appear on the material safety data sheets required under 
Code of Federal Regulations, Section 1910.1200. 
2. Disclosure of presence of ortho-phthalates in materials used in production. 
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 
production to determine additional sources of ortho-phthalate contamination.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Division of Quality Assurance and Regulation 0393 
Initiative: Provides a one-time appropriation in fiscal year 2017-18 for construction of a 
database and website. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Division of Quality Assurance and Regulation 0393 
2017-18 
$200,000 
$200,000 
2018-19 
$0 
$0 
Initiative: Provides ongoing allocations beginning in fiscal year 2017-18 for database and 
website maintenance. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
2017-18 
$50,000 
$50,000 
2017-18 
$200,000 
$50,000 
COMMITTEE AMENDMENT 
2018-19 
$50,000 
$50,000 
$0 
$50,000 
COMMITTEE AMENDMENT" A" to H.P. 819, L.D. 1182 
DEPARTMENT TOTAL-ALL FUNDS 
SUMMARY 
$250,000 
$50,000 
This amendment, which is the minority report of the committee, provides that the 
requirements of the bill apply only to food products and manufacturers and distributors of 
food products, but not to beverages or manufacturers or distributors of beverages. It 
retains the provision that authorizes the department to assess a fee on manufacturers and 
distributors. 
The amendment also narrows the group of chemicals included in the 
reporting requirement to 4 chemicals belonging in the class of ortho-phthalates and any 
other ortho-phthalate identified and listed as a chemical of high concern by the 
Department of Environmental Protection after this legislation takes effect. 
The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/09/17 feac 
LD 1182 
LR 1588(02) 
An Act Regarding the Disclosure of Hormone-disrupting Chemicals in Packaged Food 
Fiscal Note for Bill as Amended by Committee Amendment ,ijl. ( fl ... So~ 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
Projections 
FY 2019-20 
Projections 
FY 2020-21 
Net Cost (Savings) 
General Fund 
$200,000 
$0 
$0 
$0 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
$200,000 
$50,000 
$0 
$50,000 
$0 
$50,000 
$0 
$50,000 
Revenue 
Other Special Revenue Funds 
$50,000 
$50,000 
$50,000 
$50,000 
Fiscal Detail and Notes 
This bill requires the Department of Agriculture, Conservation, and Forestry (ACF) to solicit infonnation from 
manufacturers and distributors of food products regarding the presence of certain chemicals in their food or food 
packaging and to make a database of this information available to the public. The bill allows ACF to assess a fee on 
manufacturers and distributors to cover the cost of the program. This fiscal note assumes that roughly 500 
manufacturers and distributors of food or food products will meet the reporting criteria and will pay a $100 annual fee 
that will generate annual Other Special Revenue Funds revenue of $50,000 starting in fiscal year 2017-18. The bill 
includes Other Special Revenue Funds allocations of $50, 000 annually beginning in fiscal year 2017-18 for ongoing 
maintenance of the database and website. The ACF has indicated there will be considerable start-up costs for 
construction of the database and website. As this work will need to begin well before revenue begins to be received 
from the new fee, the bill also includes a one-time General Fund appropriation of $200,000 in fiscal year 2017-18 for 
contracts with vendors to create the database and website. 
While this bill only requires ACF to solicit information from manufacturers and distributors and to provide a 
compilation of this information to the public, the department has indicated it would likely seek to establish a 
laboratory testing program to ce1iify compliance. This testing program would require additional appropriations for 
purchase oflaboratory equipment, laboratory fit up and ongoing maintenance. These costs are not included in this 
fiscal note. 
LR1588(02) - Fiscal Note - Page 1 of 1