For purposes of this section, "brominated flame retardant" means any chemical containing the element bromine that is added to a plastic, foam or textile to inhibit flame formation.
1."Penta" mixture and "octa" mixtures of polybrominated diphenyl ethers.
Effective January 1, 2006, a person may not sell or offer to sell, or distribute for promotional purposes, a product containing more than 0.1% of the "penta" or "octa" mixtures of polybrominated diphenyl ethers.
4.“Deca” mixture of polybrominated diphenyl ethers in home furniture.
Effective January 1, 2008, a person may not manufacture, sell or offer for sale or distribute for sale or use in the State any of the following products that contain the “deca” mixture of polybrominated diphenyl ethers:
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For purposes of this section, "brominated flame retardant" means any chemical containing the element bromine that is added to a plastic, foam or textile to inhibit flame formation.
1.
"Penta" mixture and "octa" mixtures of polybrominated diphenyl ethers.
Effective January 1, 2006, a person may not sell or offer to sell, or distribute for promotional purposes, a product containing more than 0.1% of the "penta" or "octa" mixtures of polybrominated diphenyl ethers.
2.
Review; report.
3.
Application.
4.
“Deca” mixture of polybrominated diphenyl ethers in home furniture.
Effective January 1, 2008, a person may not manufacture, sell or offer for sale or distribute for sale or use in the State any of the following products that contain the “deca” mixture of polybrominated diphenyl ethers:
5.
"Deca" mixture of polybrominated diphenyl ethers in electronics.
Effective January 1, 2010, a person may not manufacture, sell or offer for sale or distribute for sale or use in the State a television or computer that has a plastic housing containing more than 0.1% of the "deca" mixture of polybrominated diphenyl ethers.
5-A.
"Deca" mixture of polybrominated diphenyl ethers in shipping pallets.
This subsection governs the manufacture and sale of shipping pallets and products made from shipping pallets containing the "deca" mixture of polybrominated diphenyl ethers, referred to in this subsection as "the "deca" mixture."
5-B.
Exemptions.
Notwithstanding subsection 5‑A, paragraph B, a person may sell or distribute a shipping pallet containing the "deca" mixture of polybrominated diphenyl ethers for which an exemption is obtained pursuant to this subsection. A manufacturer or owner of a shipping pallet may apply for an exemption by filing a written petition with the commissioner. The petition must include a proposed duration for the exemption. The commissioner shall grant an exemption upon finding that:
6.
Exemptions.
The restrictions in subsections 4 and 5 do not apply to the following products containing the “deca” mixture of polybrominated diphenyl ethers:
7.
Manufacturer responsibility.
Effective January 1, 2008, a manufacturer of a product containing polybrominated diphenyl ethers restricted under subsection 1, 4 or 5 must notify persons that sell the manufacturer’s product of the requirements of this section. Beginning January 1, 2013, a manufacturer of a product containing polybrominated diphenyl ethers restricted under subsection 5‑A must notify persons that sell the manufacturer's product of the requirements of this section.
8.
Retailer assistance.
The department must develop a program to assist retailers in identifying products that might contain polybrominated diphenyl ethers in their inventory.
9.
Interstate clearinghouse.
The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate education and outreach activities, review risk assessments and alternatives to the use of chemicals listed in this section, and carry out any other activities related to the administration of this chapter.
10.
Review; report.
11.
Application.
This section does not prohibit the sale, distribution or use of:
12.
Enforcement.
If there are grounds to suspect that a product is being offered for sale in violation of this section, the commissioner may request the manufacturer of the product to provide a certificate of compliance. Within 10 days of receipt of a request, the manufacturer shall:
13.
Department rule-making authority; flame retardants.
If the commissioner determines, in consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the Department of Public Safety, Office of the State Fire Marshal, that a flame retardant is harmful to the public health and the environment or meets the criteria as a prohibited replacement pursuant to subsection 14, paragraph B and a safer alternative to the flame retardant as set forth in subsection 14 is available, the department may adopt rules to prohibit the manufacture, sale or distribution in the State of:
14.
Safer alternatives; policy.
It is the policy of the State that the "deca" mixture of polybrominated diphenyl ethers be replaced with safer alternatives as soon as practicable.
15.
Confidentiality.
Information submitted to the department pursuant to this section may be designated as confidential by the submitting party in accordance with the provisions set forth in section 1310‑B and, if the information is so designated, the provisions of section 1310‑B apply.