§1694.__Restrictions on sale and use of brominated flame

retardants

The following restrictions apply to the sale of products containing a specified brominated flame retardant.

1.__Polybrominated biphenyls and certain polybrominated diphenyl ethers.__Effective January 1, 2006, a person may not sell or offer to sell or distribute for promotional purposes a product containing polybrominated biphenyls or the "penta" or "octa" mixtures of polybrominated diphenyl ethers.

2.__The deca mixture of polybrominated diphenyl ethers. Unless an exemption is obtained under subsection 4, effective January 1, 2008, a person may not sell or offer to sell or distribute for promotional purposes a product containing the "deca" mixture of polybrominated diphenyl ethers.

3. Other brominated flame retardants.__Unless an exemption is obtained under subsection 4, effective January 1, 2010, a person may not sell or offer to sell or distribute for promotional purposes a product containing tetrabromobisphenol-A or hexabromocyclododecane or any other brominated flame retardant not otherwise specified in this section.

4.__Exemptions.__The manufacturer or user of a product may apply for an exemption for one or more specific uses of a brominated flame retardant by filing a written petition with the commissioner prior to one year before the effective date of the sales restriction.__The commissioner may grant an exemption for each specified use of a brominated flame retardant with or without conditions upon finding that the petitioner has demonstrated that:

A. The exemption is requested because the brominated flame retardant is necessary to meet specific product specifications identified by the customer or end user of the product;

B. Protective measures have been taken to ensure the health and safety of workers and consumers throughout the life of the product containing a brominated flame retardant;