38 §1694. Identification of priority chemicals

Title 38: WATERS AND NAVIGATION

Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS

§1694. Identification of priority chemicals

1. Designation. The commissioner may designate a chemical of high concern as a priority chemical if the commissioner finds, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention:

A. The chemical has been found through biomonitoring to be present in human blood, including umbilical cord blood, breast milk, urine or other bodily tissues or fluids; [2007, c. 643, §2 (NEW).]

B. The chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water or elsewhere in the home environment; [2007, c. 643, §2 (NEW).]

C. The chemical has been found through monitoring to be present in fish, wildlife or the natural environment; [2007, c. 643, §2 (NEW).]

D. The chemical is present in a consumer product used or present in the home; [2007, c. 643, §2 (NEW).]

E. The chemical has been identified as a high production volume chemical by the federal Environmental Protection Agency; or [2007, c. 643, §2 (NEW).]

F. The sale or use of the chemical or a product containing the chemical has been banned in another state within the United States. [2007, c. 643, §2 (NEW).]

The commissioner shall designate at least 2 priority chemicals by January 1, 2011.

[ 2007, c. 643, §2 (NEW) .]

2. Updates. The commissioner shall review the list of chemicals of high concern at least every 3 years and may designate additional priority chemicals if the commissioner finds that the chemicals meet one of the criteria listed in subsection 1.

[ 2007, c. 643, §2 (NEW) .]

The commissioner shall adopt rules to implement the provisions of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2007, c. 643, §2 (NEW).]

SECTION HISTORY

2007, c. 643, §2 (NEW).