A.
Bedding, Childcare Articles, Clothing, Cosmetics, Craft Supplies,
Footwear, Games, Jewelry and Embellishments, Safety Seat, Occasion Supplies,
Personal Accessories, Personal Care Product, School Supplies, Toys
(1) No later than 180 days after the
effective date of this chapter, the manufacturer of any of the following:
bedding, childcare articles, clothing, cosmetics, craft supplies, footwear,
games, jewelry and embellishments, safety seats, occasion supplies, personal
accessories, personal care products, school supplies, or toys, any of which are
intended for use by a child under the age of 12 years and that contain
intentionally added formaldehyde 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 formaldehyde, including the overall size
of the product and/or the component of the product that contains formaldehyde
and whether the product or formaldehyde-containing component of the product,
can be placed in the mouth (if a reportable item is smaller than 5 centimeters
in one dimension, it is regarded as mouthable);
(c) The number of items sold or distributed
in Maine or nationally in accordance with Department rule 06-096 CMR
ch.880(5)(A)(2);
(d) The amount of
formaldehyde in the product reported;
(e) The function of formaldehyde in the
product reported; and
(f) Any other
information the manufacturer deems relevant to the reporting of the chemical,
such as relevant independent scientific study on exposure specific to the
amount of chemical present in the finished product reported or product of
similar functionality.
(2) If the sale of the regulated children's
product does not commence until after the 180-day reporting period ends, the
written notice required under section 4(A)(1) must be made within 30 days of
the sale of the children's product within the State of Maine.
(3)Failure to provide the required
information to the Department by the date required may result in enforcement
action consistent with 38 M.R.S.A. §1699-A.
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 ch.880(5)(D); see also
38
M.R.S.A. §1695(2)
.
