06- 096 C.M.R. ch. 882, § 5

Current through 2024-51, December 18, 2024

Section 096-882-5 - Sales prohibition of children's products containing bisphenol A

A.Sales prohibition. Except as provided in section 1(B) of this chapter, no person shall sell, offer for sale or distribute for sale in Maine any:

1 reusable food or beverage container containing intentionally-added bisphenol A after January 1, 2012;

2 infant formula packaging containing intentionally-added bisphenol A in an amount greater than the de minimis level after March 1, 2014; and

3 baby food packaging containing intentionally-added bisphenol A in an amount greater than the de minimis level after March 1, 2014.

B.Compliance plan required. The manufacturer of a children's product subject to the sales prohibition of subsection A shall file, or cause all of its distributors to file, a compliance plan with the department no later than 180 days prior to the effective date of a sales prohibition under this section, unless the manufacturer receives a time extension in writing from the department. The compliance plan must:

1 Identify the manufacturer's products subject to the sales prohibition;

2 Specify whether compliance will be achieved by discontinuing the sale of the children's product in Maine or by substituting a safer alternative in the product;

3 If compliance is achieved by substitution of a safer alternative in the product, identify the safer alternative and the timetable for substitution; and

4 Confirm that the manufacturer has notified all persons that offer the product for sale or distribution in Maine of the sales prohibition, as required by 38 M.R.S.A. §1696(4).

a Confirmation shall include a copy of the notice and a list of the persons to whom it was sent.

b A retailer is exempt from the sales prohibition requirements of this section if the manufacturer failed to notify the wholesaler and retailer in accordance with this subsection, and the department did not notify the retailer of the sales prohibition.

C.Waiver for specific uses. The manufacturer or distributor of a children's product that is subject to a sales prohibition under subsection 5(A) may apply to the commissioner for a waiver for one or more specific uses of bisphenol A. The waiver application must be submitted at least 180 days prior to the effective date of a sales prohibition, or prior to a new product being sold in Maine and must, at a minimum:

1 Identify the specific children's product use or uses for which the waiver is sought;

2 Identify the alternatives considered for substitution of the priority chemical;

3 Explain the basis for concluding that the use of an alternative is not feasible; and

4 Identify the steps that have and will be taken to minimize the use of the priority chemical.

D.The commissioner may grant a waiver with or without conditions upon finding that there is a need for the children's product in which the priority chemical is used and there are no technically or economically feasible alternatives for the use of the priority chemical in the children's product. Waivers may be granted for a term not to exceed 5 years and may be renewed for one or more additional 5-year terms upon written application demonstrating that technically or economically feasible alternatives remain unavailable. The commissioner shall deny or grant waiver requests within 60 days after receipt of a completed waiver application.

06- 096 C.M.R. ch. 882, § 5