| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 38 MRSA c. 16-D is enacted to read: |
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| | | BROMINATED FLAME RETARDANTS IN CONSUMER PRODUCTS |
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| | | As used in this chapter, unless the context otherwise | | indicates, the following terms have the following meanings. |
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| | | 1.__Brominated flame retardant.__"Brominated flame retardant" | | means any chemical containing the element bromine that may be | | added to a plastic, foam or textile to inhibit flame formation.__ | | "Brominated flame retardant" includes, but is not limited to, a | | chemical or group of chemicals known as polybrominated biphenyls, | | polybrominated diphenyl ethers, tetrabromobisphenol-A and | | hexabromocyclododecane.__Polybrominated diphenyl ethers include | | its 3 primary commercial mixtures known as "penta," "octa" and | | "deca." |
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| | | 1.__Prior written notice required.__Effective January 1, 2006, | | a product to which a brominated flame retardant is added during | | formulation or manufacture or a product containing one or more | | components to which a brominated flame retardant is added during | | formulation or manufacture may not be offered for final sale or | | use or distributed for promotional purposes in the State unless | | the manufacturer of the product or component or a trade | | association representing manufacturers of the product or | | component has provided written notice to the department in | | accordance with this section.__The notice must include the | | following information on a form provided by the department: |
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| | | A.__A brief description of the product or component; |
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| | | B.__The amount and chemical type of brominated flame | | retardant in each unit of the product or component, reported | | as an exact number, as an average per product or component | | with an upper or lower limit or as falling within a range | | approved by the department; |
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| | | C.__The total amount and chemical type of brominated flame | | retardant in all units of the product or component sold in the | | United States during the most recent calendar year for which | | sales figures are available, reported either for the units or | | components sold by the manufacturer or as |
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