§ 37-0909 — Sales prohibition

§ 37-0909. Sales prohibition.\n 1. Effective January first, two thousand twenty-three, no person shall\ndistribute, sell or offer for sale in this state a children's product in\nwhich tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8), benzene\n(CAS 71-43-2),, or asbestos (CAS 1332-21-4) is intentionally added.\nThis provision shall not apply: (a) to a children's product solely based\non its containing an enclosed battery or enclosed electronic components;\n(b) where state regulation of children's products is preempted by\nfederal law; (c) where the chemical is present as a trace contaminant;\nor (d) to an inaccessible component of a children's product that during\nreasonable, foreseeable use and abuse of the product would not come into\ndirect contact with a child's skin or mouth, as determined by the\ndepartment. The commissioner may exempt a children's product from this\nprohibition if, in the commissioner's judgment, the lack of availability\nof the children's product could pose an unreasonable risk to public\nhealth, safety or welfare.\n 2. (a) To the extent allowed by federal law, the department may, by\nregulation, prohibit the distribution, sale, or offer for sale in this\nstate of a children's product that contains a chemical added to the\nhigh-priority chemicals list pursuant to section 37-0905 of this title,\nor a chemical recommended for prohibition by the children's product\nsafety council pursuant to paragraph (b) of subdivision five of section\n37-0911 of this title.\n (b) In developing rules to prohibit a chemical pursuant to this\nsubdivision, the department shall rely on credible scientific evidence\nand consider information relevant to the hazards based on the\nquantitative extent of potential exposures to the chemical under its\nintended or reasonably anticipated conditions of use.\n