06-096 C.M.R. ch. 880, § 1 - Definitions

The following terms, as used in this rule, have the following meanings:

A. 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.

B. Board. "Board" means the Board of Environmental Protection.

C. CFR. "CFR" means the Code of Federal Regulations.

D. Chemical. "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism.

E. Chemical of concern. "Chemical of concern" means a chemical identified by the department pursuant to 38 MRSA §1693.

F. Chemical of high concern. "Chemical of high concern" means a chemical on the list of chemicals published by the department as required under 38 MRSA §1693-A.

G. Children's product. "Children's product" means a consumer product intended for, made for or marketed for use by children under 12 years of age, 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 will likely result in a child under 12 years of age or a fetus being exposed to that chemical.

H. CMR. "CMR" means the Code of Maine Rules.

I. Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection.

J. Consumer product. "Consumer product" means any item sold for residential or commercial use, including any component parts and packaging, that is sold for:

(1) An indoor use in a residence, child care facility or school; or

(2) An outdoor residential use if a child under 12 years of age may have direct contact with the item.

"Consumer product" does not include a food or beverage or an additive to a food or beverage, a tobacco product or paper or forest products or a pesticide regulated by the United States Environmental Protection Agency. "Consumer product" also does not include a drug or biologic regulated by the United States Department of Health and Human Services, Food and Drug Administration or the packaging of a drug or biologic regulated by the Food and Drug Administration if the packaging is regulated by the Food and Drug Administration. "Consumer product" also does not include an item sold for outdoor residential use that consists of a composite material made from polyester resins.

K. 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 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.

L. De minimis level. "De minimis level" means:

A. For a chemical of high concern or priority chemical that is an intentionally added chemical to a children's product or component of a children's product, the practical quantification limit; or

B. For a chemical of high concern or priority chemical that is a contaminant present in a children's product or component of a children's product, a concentration of 100 parts per million.

M. Department. "Department" means the Department of Environmental Protection.

N. Distributor. "Distributor" means a person who sells consumer products to retail establishments on a wholesale basis.

O. GreenScreen^[TM]. "GreenScreen^[TM"]means the chemical screening method called GreenScreen^[TM] for Safer Chemicals, published online by Clean Production Action.

P. Inaccessible component. "Inaccessible component" means a component of a children's product that during reasonably foreseeable use and abuse would not come into direct contact with a child's skin or mouth.

Q. Intentionally-added. "Intentionally-added" means a chemical that was added during the manufacture of a product or product component to provide a specific characteristic, appearance or quality, or to perform a specific function.

R. Maine CDC. "Maine CDC" means the Maine Center for Disease Control and Prevention within the Department of Health and Human Services.

S. 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 first domestic distributor of the 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.

T. MRSA. "MRSA" means the Maine Revised Statutes Annotated.

U. Novelty. "Novelty" means a product intended mainly for personal or household enjoyment or adornment. Novelties include, but are not limited to, items intended for use as practical jokes, figurines, knickknacks, toys, games, cards, ornaments, yard statues and figures, candles, jewelry and holiday decorations.

V. Practical quantification limit. "Practical quantification limit" means 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. 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.

W. Priority chemical. "Priority chemical" means a chemical identified as such by the Commissioner pursuant to section 4 of this rule.

Notes

06-096 C.M.R. ch. 880, § 1