LD 574
pg. 1
LD 574 Title Page An Act to Repeal the Chemical Substance Identification Law Page 2 of 4
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LR 948
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
PART A

 
Sec. A-1. 26 MRSA c. 22, as amended, is repealed.

 
PART B

 
Sec. B-1. 22 MRSA §664, sub-§1, as amended by PL 1997, c. 686, §5, is
further amended to read:

 
1. Records. Each facility licensee shall permit the
inspection and copying, for the purposes of this chapter, of its
books and records, maintained in any form, except that books and
records that are privileged as a matter of law, proprietary,
security-related, or restricted by federal law, are not open to
inspection. Subject to the approval of the United States Nuclear
Regulatory Commission and of the facility licensee, access to
books and records that are proprietary, security-related or
restricted by federal law may be granted, if the State Nuclear
Safety Inspector, on behalf of the State, enters into a
nondisclosure agreement. For purposes of this section,
proprietary information includes personnel records,
manufacturers' proprietary information, licensee proprietary
information and trade secrets, as defined by Title 26, section
1711, subsection 12. For purposes of this subsection, "trade
secrets" means any confidential formula, pattern, process,
device, information or compilation of information, including
chemical name, that is used in any employer's business that gives
the employer an opportunity to obtain any advantage over
competitors who do not know or use it.

 
Sec. B-2. 22 MRSA §1471-M, sub-§3, as amended by PL 1987, c. 660, §1,
is further amended to read:

 
3. Chemical substance identification. To the extent
permitted under federal law, the board shall have primary
enforcement responsibility for inspection of any workplace
subject to the provisions of Title 26, chapter 22, solely because
of the presence of a pesticide. The board shall have primary
enforcement responsibility for training programs to be provided
by employers under Title 26, chapter 22, in those instances where
the employer is subject to the provisions of that law solely
because of the presence or use of a pesticide.

 
The board shall assist the Director of the Bureau of Labor
Standards in providing provide education and training in
accordance with Title 26, section l720, to aid agricultural
employers in complying with the federal requirements for hazard


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