§ 37-0915 — Enforcement and implementation

§ 37-0915. Enforcement and implementation.\n 1. Failure to provide notice. A children's product containing a\nhigh-priority chemical may not be sold, offered for sale or distributed\nfor sale in this state unless the manufacturer has provided a report to\nthe department required under section 37-0907 of this title by the date\nrequired in such section. The commissioner may exempt a children's\nproduct from this prohibition if, in the commissioner's judgment, the\nlack of availability of the children's product could pose an\nunreasonable risk to public health, safety or welfare.\n 2. Statement of compliance. The department may request the\nmanufacturer of the children's product to provide a statement of\ncompliance on a form provided by the department, within fifteen days of\nreceipt of a request from the department. The statement of compliance\nshall:\n (a) attest that the children's product does not contain the\nhigh-priority chemical; or\n (b) attest that notification required by section 37-0913 of this title\nhas been provided;\n (c) attest that the manufacturer has notified persons who sell the\nproduct in this state that the sale of the children's product is\nprohibited;\n (d) attest that the presence of a high-priority chemical is only as a\ntrace contaminant; or\n (e) attest that the chemical prohibited pursuant to subdivision two of\nsection 37-0909 of this title is only present in an inaccessible\ncomponent of the children's product.\n