A.
Product
categories. Manufacturers of children's products that contain
intentionally added amounts of the Regulated Flame Retardants specified in this
chapter, and which fall into the following categories, must submit information
to the Department pursuant to section 4(B) of this chapter:
(1) Child Care Article;
(2) Children's Sleepwear;
(3) Children's Toy;
(4) Children's Clothing;
(6) Children's Footwear;
(7) Electronic Device;
(8) Household Furniture and Furnishings;
(9) Mattress;
(10) Mattress Pad.
B.
Information required. No
later than 180 days after the effective date of this chapter, the manufacturer
of a children's product, which falls within the categories listed in section
4(A) of this chapter, that contains intentionally added Regulated Flame
Retardants shall report to the Department the following information:
(1) The name and address of the manufacturer
and the name, address, and phone number of a contact person for the
manufacturer;
(2) A description of
the manufacturer's product or products containing Regulated Flame Retardants,
including the overall size of the product and/or the component of the product
that contains the Regulated Flame Retardant and whether the product or
Regulated Flame Retardant-containing component of the product can be placed in
the mouth (if a reportable item is smaller than 5 centimeters in one dimension,
it is regarded as mouthable);
(3)
The amount of Regulated Flame Retardant in each unit of the product
reported;
(4) The function of
Regulated Flame Retardant in the product reported;
(5) The number of product units sold or
distributed in Maine or nationally, in accordance with Department Rule 06-096
C.M.R. ch. 880(5)(A)(2);
(6) Any
other information the manufacturer deems relevant to the reporting of the
Regulated Flame Retardant, such as relevant independent scientific study on
exposure specific to the amount of Regulated Flame Retardant present in the
finished product reported or product of similar functionality. Such information
may include an assessment that has already been performed by the manufacturer
of the availability, cost, feasibility and/or performance, including potential
for harm to human health and the environment, of alternatives to Regulated
Flame Retardant and the reason Regulated Flame Retardant are used in the
manufacture of the reported children's product in lieu of identified
alternatives.
C.
Information Not Submitted within 180-day Deadline. If the sale of
the regulated children's product does not commence until after the 180-day
reporting period ends, the written notice required under section 4(B) must be
submitted within 30 days of the sale of the children's product within the State
of Maine. Failure to provide the required information to the Department by the
date required may result in enforcement action consistent with
38 M.R.S.
§1699-A.
NOTE: A regulated entity may request a waiver of
the reporting requirements in this chapter for reasons set forth in Department
Rule 06-096 C.M.R. ch. 880(5)(C).Upon review of information submitted pursuant
to this chapter the commissioner may request that a manufacturer clarify the
submittal, supplement incomplete information or provide additional information
not specified in this chapter if the commissioner determines that the
information is needed for the Department to complete its evaluation of the
priority chemical. See Department Rule, 06-096 C.M.R. ch. 880(5)(D); see also
38
M.R.S.
§1695(2).
