§ 37-0111. Prohibition against brominated flame retardants.\n 1. Manufacture, process, or distribution of brominated flame\nretardants.
(a)No person shall manufacture, process or distribute in\ncommerce a product, or a flame-retardant part of a product, containing\nmore than one-tenth of one per centum of pentabrominated diphenyl ether\nor octabrominated diphenyl ether, by mass.\n (b) The commissioner may waive the provisions of this section in whole\nor in part upon a finding by the commissioner, in consultation with the\ncommissioners of health and labor in a particular instance that there is\nno significant threat to the public health.\n 2. Administration.
(a)The commissioner is hereby authorized and\ndirected to prescribe such rules and regulations, including provisions\nfor main
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§ 37-0111. Prohibition against brominated flame retardants.\n 1. Manufacture, process, or distribution of brominated flame\nretardants. (a) No person shall manufacture, process or distribute in\ncommerce a product, or a flame-retardant part of a product, containing\nmore than one-tenth of one per centum of pentabrominated diphenyl ether\nor octabrominated diphenyl ether, by mass.\n (b) The commissioner may waive the provisions of this section in whole\nor in part upon a finding by the commissioner, in consultation with the\ncommissioners of health and labor in a particular instance that there is\nno significant threat to the public health.\n 2. Administration. (a) The commissioner is hereby authorized and\ndirected to prescribe such rules and regulations, including provisions\nfor maintenance of records relating to products, fabrics or related\nmaterials, and for the labeling for a product, fabric or related\nmaterial, as may be necessary and proper for purposes of administration\nand enforcement of this article.\n (b) The commissioner is hereby empowered to order the recall of or\nconfiscation of consumer products offered for sale which do not meet the\nstandards set forth in or pursuant to this section.\n (c) The commissioner may obtain from any person by regulation or\nsubpoena issued pursuant thereto such information in the form of\ntestimony, books, records, or other writings as is pertinent to the\nfindings or determinations which he or she is required or authorized to\nmake pursuant to this section.\n All information reported to or otherwise obtained by the commissioner\nor his or her representative pursuant to this section which information\ncontains or relates to a trade secret shall be considered confidential,\nexcept that such information may be disclosed to other officers or\nemployees concerned with carrying out this section or when relevant in\nany proceeding under this section.\n 3. Guaranty. (a) No person shall be subject to prosecution under this\nsection if such person: (1) establishes a guaranty received in good\nfaith signed by and containing the name and address of the person\nresiding in the United States by whom the product, fabric or related\nmaterial guaranteed was manufactured or from whom it was received, to\nthe effect that reasonable and representative tests showing that the\nproduct, fabric or related material covered by the guaranty, or used in\nthe product, fabric or related material covered by the guaranty meets\nthe requirements of this section; and (2) has not, by further\nprocessing, affected the flammability of the product, fabric or related\nmaterial covered by the guaranty which he or she received. Such guaranty\nshall be either: (A) a separate guaranty specifically designating the\nproduct, fabric or related material guaranteed, in which case it may be\non the invoice or other paper relating to such product, fabric or\nrelated material; or (B) a continuing guaranty filed with the department\nor with the federal trade commission applicable to any product, fabric\nor related material handled by a guarantor, in such form as the\ndepartment or the federal trade commission by rules or regulations may\nprescribe; or (C) a continuing guaranty given by seller to buyer\napplicable to any product, fabric or related material sold or to be sold\nto buyer by seller in a form as the department or the federal trade\ncommission by rules or regulations may prescribe.\n (b) The furnishing with respect to any product, fabric or related\nmaterial, of a false guaranty, except by a person relying upon a\nguaranty to the same effect received in good faith and signed by and\ncontaining the name and address of the person residing in the United\nStates by whom the product, fabric or related material guaranteed was\nmanufactured or from whom it was received, with reason to believe the\nproduct, fabric or related material falsely guaranteed may be\nintroduced, sold or transported in commerce, is unlawful.\n 4. Exclusions. (a) The provisions of this section shall not apply to\nany common carrier, contract carrier or freight forwarder with respect\nto a product, fabric or related material shipped or delivered for\nshipment through the state for commerce in another state or country.\n (b) As used in this section, "distribute in commerce" shall not\ninclude the resale of products manufactured prior to January first, two\nthousand six or replacement parts manufactured prior to January first,\ntwo thousand six.\n 5. Violations. A violation of any provision of this section or any\nrule or regulation of the commissioner promulgated hereunder is a\nmisdemeanor. Each product, fabric or related material made, sold or\nexposed for sale, shall constitute a separate violation.\n 6. Severability. The provisions of this section shall be severable and\nand if any portion thereof or the applicability thereof to any person or\ncircumstances shall be held to be invalid, the remainder of this title\nand the application thereof shall not be affected thereby.\n