If a manufacturer or distributor fails to submit an acceptable alternatives assessment as defined in chapter 880, section 3(B)(3), of department rules [06-096 CMR 880] by the deadline specified by the board or commissioner, the commissioner may assess a fee on the manufacturer or distributor to cover the costs incurred to hire a contractor of the department's choice to prepare an independent report on the availability of safer alternatives. The manufacturer or distributor shall pay the fee within 30 days of receipt of the invoice from the department.
The total fees assessed for failure to submit an acceptable alternatives assessment will be calculated to recover the contracting and other costs incurred by the department to arrange for preparation of an independent report on the availability of safer alternatives. The total fees will be divided equitably among manufacturers and distributers of children's product that contain the priority chemical. Manufacturers and distributors who have submitted an acceptable alternatives assessment are exempt from the fee.
06- 096 C.M.R. ch. 881, § 4