A.
Infant
formula and baby food
1 No later than
180 days after the effective date of this chapter, the manufacturer of infant
formula or baby food that is sold in a plastic container, jar or can that
contains intentionally-added bisphenol A, shall report to the department the
following information:
a The name and address
of the manufacturer and the name, address, and phone number of a contact person
for the manufacturer;
b A
description of the product or products containing bisphenol A;
c The number of product units sold or
distributed in Maine or nationally;
d The amount of bisphenol A in each unit of
the product;
e The function of
bisphenol A in the product; and
f
Other information the manufacturer deems relevant to the reporting of the
chemical.
2 No later
than January 1, 2012, the manufacturer of infant formula or baby food that is
sold in a plastic container, jar or can that contains intentionally-added
bisphenol A, shall submit to the department an assessment of the availability,
cost, feasibility and performance, including potential for harm to human health
and the environment, of alternatives to bisphenol A, polycarbonate plastic or
epoxy resin, and the reason bisphenol A, polycarbonate plastic or epoxy resin
is used in the manufacture of the infant formula or baby food container, jar or
can in lieu of identified alternatives. This assessment must, at a minimum,
include all of the elements of an acceptable assessment listed in 06-096 CMR
Chapter 880 Regulation of Chemical Use in Children's Products.
3 The commissioner may extend the deadline
for submission of the alternatives assessment required under this paragraph.
Request for a time extension must be made in writing on or before December 1,
2011. If an assessment acceptable to the department is not timely submitted,
the department may assess fees as provided under 06-096 CMR 881 to cover the
cost of preparing an independent assessment.
4 Upon receipt and review of acceptable
alternatives assessment(s) submitted to, or prepared for, the department, and
no later than January 1, 2013, the department shall report the findings of the
alternatives assessment(s) to the Board of Environmental Protection and, if
appropriate, propose an amendment to this chapter reflecting those findings.
NOTE: In accordance with 06-096 CMR Chapter 880 section 3(A),
a manufacturer may comply with the requirements of this section by relying on
information submitted on behalf of the manufacturer by a trade association,
chemical manufacturer or other third party, provided the information is
presented in a form acceptable to the commissioner. Alternatively,
manufacturers may comply by agreeing to fund an alternatives assessment
contracted by the department to an independent party.
The department encourages manufacturers to prepare and submit
a workplan for the alternatives assessment. The work plan should include a
schedule for completion of the alternatives assessment and details concerning
the submittal and content of interim deliverables to facilitate department
approval of the alternatives assessment.
B.
Toys, child care articles and
tableware. No later than 180 days after the effective date of this
chapter, the manufacturer of a toy, child care article, or tableware that
contains intentionally-added bisphenol A, shall report to the department the
following information:
1 The name and address
of the manufacturer;
2 The name,
address, and phone number of a contact person for the manufacturer;
3 A description of the product or products
containing bisphenol A, including the overall size of the product and/or the
component of the product that contains BPA and whether the product or
BPA-containing component of the product, can be placed in the mouth. A toy can
be placed in a child's mouth if any part of the toy can actually be brought to
the mouth and kept in the mouth by a child so that it can be sucked and chewed.
If the children's product can only be licked, it is not regarded as able to be
placed in the mouth. If a toy or part of a toy in one dimension is smaller than
5 centimeters, it can be placed in the mouth.;
4 The number of product units sold or
distributed in Maine or nationally;
5 The amount of bisphenol A in each unit of
the product, or the amount of polycarbonate plastic or epoxy resin (percent by
weight) in each unit of the product;
6 The function of bisphenol A (or
polycarbonate plastic/epoxy resin) in the product; and
7 Other information the manufacturer deems
relevant to the reporting of the chemical.
NOTE: Upon review of information submitted pursuant to
section 4 of this chapter, the commissioner may request that a manufacturer
clarify the submittal, supplement incomplete information or provide additional
information not specified in this chapter if the commissioner determines that
the information is needed for the department to complete its evaluation of the
priority chemical. See department rules, 06-096 CMR 880(3)(D); see also 38
M.R.S.A. §1695(2).
