Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 889 - DESIGNATION OF TWO FLAME RETARDANTS AS PRIORITY CHEMICALS
Section 096-889-4 - Information submission required

Universal Citation: 06 ME Code Rules ยง 096-889-4

Current through 2024-38, September 18, 2024

A. Product categories. Manufacturers of children's products that contain intentionally added amounts of the Regulated Flame Retardants specified in this chapter, and which fall into the following categories, must submit information to the Department pursuant to section 4(B) of this chapter:

(1) Child Care Article;

(2) Children's Sleepwear;

(3) Children's Toy;

(4) Children's Clothing;

(6) Children's Footwear;

(7) Electronic Device;

(8) Household Furniture and Furnishings;

(9) Mattress;

(10) Mattress Pad.

B. Information required. No later than 180 days after the effective date of this chapter, the manufacturer of a children's product, which falls within the categories listed in section 4(A) of this chapter, that contains intentionally added Regulated Flame Retardants shall report to the Department the following information:

(1) The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer;

(2) A description of the manufacturer's product or products containing Regulated Flame Retardants, including the overall size of the product and/or the component of the product that contains the Regulated Flame Retardant and whether the product or Regulated Flame Retardant-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);

(3) The amount of Regulated Flame Retardant in each unit of the product reported;

(4) The function of Regulated Flame Retardant in the product reported;

(5) The number of product units sold or distributed in Maine or nationally, in accordance with Department Rule 06-096 C.M.R. ch. 880(5)(A)(2);

(6) Any other information the manufacturer deems relevant to the reporting of the Regulated Flame Retardant, such as relevant independent scientific study on exposure specific to the amount of Regulated Flame Retardant present in the finished product reported or product of similar functionality. Such information may include an assessment that has already been performed by the manufacturer of the availability, cost, feasibility and/or performance, including potential for harm to human health and the environment, of alternatives to Regulated Flame Retardant and the reason Regulated Flame Retardant are used in the manufacture of the reported children's product in lieu of identified alternatives.

C. Information Not Submitted within 180-day Deadline. 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(B) must be submitted within 30 days of the sale of the children's product within the State of Maine. Failure to provide the required information to the Department by the date required may result in enforcement action consistent with 38 M.R.S. §1699-A.

NOTE: A regulated entity may request a waiver of the reporting requirements in this chapter for reasons set forth in Department Rule 06-096 C.M.R. ch. 880(5)(C).Upon review of information submitted pursuant to 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 Rule, 06-096 C.M.R. ch. 880(5)(D); see also 38 M.R.S. §1695(2).

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