§ 37-0907 — Reporting on the use of chemicals

§ 37-0907. Reporting on the use of chemicals.\n 1. Reporting of chemical use. No later than twelve months after a\nchemical of concern or high-priority chemical appears on the lists\npromulgated pursuant to section 37-0905 of this title, every\nmanufacturer who offers a children's product for sale or distribution in\nthis state that contains a chemical of concern or a high-priority\nchemical shall report such chemical use at or above practical\nquantification limits to the department, provided however, that the\ndepartment may, through regulation, establish an alternative threshold\nfor the reporting of trace contaminants.\n (a) This report must at a minimum identify the children's product, the\nhigh-priority chemical or chemicals of concern contained in the\nchildren's product and the intended purpose of such chemicals. The\ndepartment may also require reporting of the following information:\n (i) the amount of such chemical in the children's product; or\n (ii) information on the likelihood that the chemical will be released\nfrom the children's product to the environment during the product's life\ncycle and the extent to which users of the product are likely to be\nexposed to the chemical.\n (b) The department is authorized to direct submission of such report\nto the interstate chemicals clearinghouse and may otherwise provide for\nreciprocal data sharing with other states which require reporting of the\nsame information.\n 2. Waiver of reporting. Upon application by a manufacturer, the\ncommissioner may waive all or part of the reporting requirements under\nsubdivision one of this section for one or more specified uses of a\nhigh-priority chemical. In making such determination, the commissioner\nmay consider: (a) if substantially equivalent information is already\npublicly available or that the information is not needed for the\npurposes of this chapter, (b) similar waivers granted by other states,\nand (c) whether the specified use or uses are minor in volume.\n 3. Fees. The manufacturer shall pay a fee upon submission of a report\nof chemical use pursuant to subdivision one of this section or a waiver\nrequest pursuant to subdivision two of this section to cover the\ndepartment's reasonable costs in the administration and enforcement of\nthis title. Exclusive of fines and penalties, the state shall only\nrecover its actual cost of administration and enforcement.\n