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2 | 2 | | SENATE DOCKET, NO. 1507 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 195 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Joanne M. Comerford |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to toxic-free kids. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterCindy F. FriedmanFourth Middlesex2/10/2025Mark C. MontignySecond Bristol and Plymouth1/29/2025Adam GomezHampden2/4/2025Jason M. LewisFifth Middlesex2/4/2025James B. EldridgeMiddlesex and Worcester2/10/2025Patricia D. JehlenSecond Middlesex2/19/2025Sal N. DiDomenicoMiddlesex and Suffolk2/20/2025Michael O. MooreSecond Worcester2/20/2025John F. KeenanNorfolk and Plymouth2/20/2025 1 of 16 |
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16 | 16 | | SENATE DOCKET, NO. 1507 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 195 |
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18 | 18 | | By Ms. Comerford, a petition (accompanied by bill, Senate, No. 195) of Joanne M. Comerford, |
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19 | 19 | | Cindy F. Friedman, Mark C. Montigny, Adam Gomez and other members of the Senate for |
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20 | 20 | | legislation to eliminate harmful chemicals from children's products. Consumer Protection and |
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21 | 21 | | Professional Licensure. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE SENATE, NO. 2564 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act relative to toxic-free kids. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2022 Official |
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33 | 33 | | 2Edition, is hereby amended by inserting after section 28 the following new section:- |
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34 | 34 | | 3 Section 29. (a) For the purposes of this section, the following terms shall have the |
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35 | 35 | | 4following meanings unless the context clearly requires otherwise: |
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36 | 36 | | 5 “Authoritative body”, an agency or formally organized program or group which the |
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37 | 37 | | 6department of environmental protection, in consultation with the Toxics Use Reduction Institute |
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38 | 38 | | 7at the University of Massachusetts Lowell, has identified as having expertise in the identification |
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39 | 39 | | 8of chemicals causing cancer and other toxicity; provided, that these authoritative bodies shall |
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40 | 40 | | 9include, but are not limited to: (i) the American Conference of Governmental Industrial 2 of 16 |
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41 | 41 | | 10Hygienists; (ii) the federal Environmental Protection Agency; (iii) the European Chemicals |
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42 | 42 | | 11Agency; (iv) the International Agency for Research on Cancer; (v) the National Toxicology |
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43 | 43 | | 12Program; and (vi) the Occupational Safety and Health Administration. |
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44 | 44 | | 13 “Chemical”, a substance with a distinct molecular composition and the breakdown |
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45 | 45 | | 14products of the substance that form through decomposition, degradation or metabolism or a |
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46 | 46 | | 15group of structurally related substances and the breakdown products of the substances that form |
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47 | 47 | | 16through decomposition, degradation or metabolism. |
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48 | 48 | | 17 “Chemical class”, groupings that relate chemicals by similar features including |
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49 | 49 | | 18classifications by structure, physical properties, or other factors. |
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50 | 50 | | 19 “Children”, natural persons 12 years of age and under. |
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51 | 51 | | 20 “Children’s product”, consumer products intended, made or marketed for use by children |
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52 | 52 | | 2112 years of age or under, including: (i) toys; (ii) children’s clothing; (iii) children's cosmetics and |
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53 | 53 | | 22personal care products; (iv) children's jewelry and novelty products; (v) children’s school |
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54 | 54 | | 23supplies; (vi) children’s arts and crafts supplies, including model making supplies (vii) children’s |
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55 | 55 | | 24bedding, furniture and furnishings; (viii) child car seats; (ix) products to help a child with |
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56 | 56 | | 25sucking or teething, or to facilitate sleep, relaxation or the feeding of a child; (x) artificial turf |
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57 | 57 | | 26fields installed on school properties, publicly owned properties or intended for use by children |
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58 | 58 | | 27under the age of 18; (xi) products that meet any of the following conditions: represented in its |
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59 | 59 | | 28packaging, display or advertising as appropriate for use by children, sold in conjunction with, |
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60 | 60 | | 29attached to or packaged together with other products that are packaged, displayed or advertised |
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61 | 61 | | 30as appropriate for use by children sold in a retail store, catalogue or online website, in which a |
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62 | 62 | | 31person exclusively offers for sale products that are packaged, displayed or advertised as 3 of 16 |
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63 | 63 | | 32appropriate for use by children, or sold in a discrete portion of a retail store, catalogue or online |
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64 | 64 | | 33website, in which a person offers for sale products that are packaged, displayed or advertised as |
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65 | 65 | | 34appropriate for use by children; provided, however, that “children’s product” shall not include: |
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66 | 66 | | 35(i) batteries; (ii) slings and catapults; (iii) sets of darts with metallic points; (iv) toy steam |
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67 | 67 | | 36engines; (v) bicycles and tricycles; (vi) video toys that can be connected to video screen and are |
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68 | 68 | | 37operated at a nominal voltage exceeding twenty-four volts; (vii) chemistry sets; (viii) consumer |
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69 | 69 | | 38and children's electronic products, including but not limited to personal computers, audio and |
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70 | 70 | | 39video equipment, calculators, wireless phones, game consoles and handheld devices |
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71 | 71 | | 40incorporating a video screen, used to access interactive software and their associated peripherals; |
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72 | 72 | | 41(ix) interactive software, intended for leisure and entertainment, including computer games and |
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73 | 73 | | 42their storage media, including compact disks; (x) BB guns, pellet guns and air rifles; (xi) snow |
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74 | 74 | | 43sporting equipment, including skis, poles, boots, snow boards, sleds and bindings; (xii) roller |
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75 | 75 | | 44skates; (xiii) scooters; (xiv) model rockets; (xv) athletic shoes with cleats or spikes; (xvi) |
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76 | 76 | | 45pocketknives and multitools; (xvii) food and beverages and food and beverage packaging |
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77 | 77 | | 46regulated by the United States Food and Drug Administration or the United States Department of |
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78 | 78 | | 47Agriculture; (xviii) pharmaceutical products and biologics; and (xix) medical devices, as defined |
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79 | 79 | | 48in the federal Food, Drug, and Cosmetic Act, U,S,C, 21 section 321(h). |
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80 | 80 | | 49 “Contaminant”, trace amounts of chemicals that are incidental to manufacturing and that |
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81 | 81 | | 50serve no intended function in the product component, including, but not limited to: (i) unintended |
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82 | 82 | | 51by-products of chemical reactions during the manufacture of the product component; (ii) trace |
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83 | 83 | | 52impurities in feedstock; and (iii) incompletely reacted chemical mixtures. |
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84 | 84 | | 53 “De minimis level”, (i) for a chemical that is an intentionally added chemical in a |
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85 | 85 | | 54component of a consumer product, the practical quantification limit; (ii) for a chemical that has a 4 of 16 |
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86 | 86 | | 55contaminant present in a component of a consumer product, a concentration to be set by the |
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87 | 87 | | 56department of environmental protection in rulemaking; or (iii) for an engineered nanoobject, |
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88 | 88 | | 57there shall be no de minimis level. |
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89 | 89 | | 58 “Department”, the department of environmental protection. |
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90 | 90 | | 59 “Engineered nanoobject”, a material with 1, 2 or 3 external dimensions in the nanoscale. |
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91 | 91 | | 60 “Government entity”, a federal or state government agency. |
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92 | 92 | | 61 “Intentionally added PFAS”, PFAS that is added to a product, or is in or on the product |
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93 | 93 | | 62due to the manufacturing or processing of that product, and the addition of PFAS is known or |
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94 | 94 | | 63reasonably ascertainable by the manufacturer and its suppliers, including the use of PFAS or |
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95 | 95 | | 64precursors as a processing agent, or mold release agent, and the creation of PFAS via chemical |
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96 | 96 | | 65reactions, such as occurs during the fluorination of plastic containers. |
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97 | 97 | | 66 “IC2”, the Interstate Chemicals Clearinghouse, an association of state, local and tribal |
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98 | 98 | | 67governments that promotes a clean environment, healthy communities and a vital economy |
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99 | 99 | | 68through the development and use of safer chemicals and products. |
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100 | 100 | | 69 “Institute”, the Toxics Use Reduction Institute established in section 6 of chapter 21I. |
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101 | 101 | | 70 "Known or reasonably ascertainable”, all information in a person's possession or control, |
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102 | 102 | | 71plus all information that a reasonable person similarly situated might be expected to possess, |
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103 | 103 | | 72control, or know. |
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104 | 104 | | 73 “Manufacturer”, any person, firm, association, partnership, corporation, governmental |
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105 | 105 | | 74entity, organization, combination or joint venture which produces a children’s product or an |
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106 | 106 | | 75importer or domestic distributor of a children’s product that is produced in a foreign country. 5 of 16 |
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107 | 107 | | 76 “Mouthable”, when used to describe a children’s product or any part of a children’s |
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108 | 108 | | 77product, means that an intended use of the product or any part of the product includes being |
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109 | 109 | | 78placed in the mouth for any purpose. |
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110 | 110 | | 79 “Nanoscale”, size range from approximately 1 nanometers to 100 nanometers. |
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111 | 111 | | 80 “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS”, substances that include any |
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112 | 112 | | 81member of the class of fluorinated organic chemicals containing at least one fully fluorinated |
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113 | 113 | | 82carbon atom. |
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114 | 114 | | 83 “Practical quantification limit”, the lowest concentration of a chemical that can be |
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115 | 115 | | 84reliably measured within specified limits of precision, accuracy, representativeness, |
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116 | 116 | | 85completeness and comparability during routine laboratory operating conditions; provided, that |
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117 | 117 | | 86the practical quantification limit is based on scientifically defensible, standard analytical |
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118 | 118 | | 87methods; and provided further, that the practical quantification limit for a given chemical may be |
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119 | 119 | | 88different depending on the matrix and the analytical method used. |
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120 | 120 | | 89 “Safer alternative”, an alternative whose potential to harm human health is less than that |
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121 | 121 | | 90of the use of a high priority chemical that it could replace. |
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122 | 122 | | 91 “Toy”, a product designed or intended by the manufacturer to be used by a child at play. |
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123 | 123 | | 92 (b) No manufacturer, wholesaler or retailer shall knowingly sell, offer for sale or |
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124 | 124 | | 93distribute for use a children’s product or product component containing intentionally added |
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125 | 125 | | 94PFAS. PFAS in a children’s product or product component shall be measured in total organic |
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126 | 126 | | 95fluorine at a threshold level to be determined by the department. 6 of 16 |
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127 | 127 | | 96 (c) The department, in consultation with the institute, shall maintain and publish a list of |
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128 | 128 | | 97toxic chemicals of concern in children’s products, which shall be available to the public on the |
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129 | 129 | | 98department’s website. |
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130 | 130 | | 99 The chemicals of concern list shall include chemicals identified by a government entity |
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131 | 131 | | 100or other authoritative body or identified based on scientific evidence as being: |
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132 | 132 | | 101 (i) a carcinogen or mutagen; |
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133 | 133 | | 102 (ii) persistent or bio-accumulative and toxic; |
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134 | 134 | | 103 (iii) an endocrine disruptor; |
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135 | 135 | | 104 (iv) a reproductive or developmental toxicant; |
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136 | 136 | | 105 (v) a neurotoxicant; |
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137 | 137 | | 106 (vi) a respiratory or skin sensitizer; and |
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138 | 138 | | 107 (vii) any other chemical of equivalent concern, as determined by the department, in |
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139 | 139 | | 108consultation with the institute. |
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140 | 140 | | 109 In developing the chemicals of concern list, the department shall consult published |
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141 | 141 | | 110authoritative lists of chemical categorizations, including, but not limited to, the Maine Chemicals |
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142 | 142 | | 111of Concern List, New York Chemicals of Concern List, Oregon Chemicals of Concern List, |
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143 | 143 | | 112Vermont Chemicals of Concern List, Canadian Domestic Substances List Categorization, the |
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144 | 144 | | 113European Commission list of Substances of Very High Concern and the International Agency for |
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145 | 145 | | 114Research on Cancer list of carcinogens. The department may adopt the New York State 7 of 16 |
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146 | 146 | | 115Chemicals of Concern list, as specified in Title 9, Section 37-0905, of New York law, as the |
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147 | 147 | | 116initial chemicals of concern list for Massachusetts. |
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148 | 148 | | 117 (d) As needed, but not less frequently than every 3 years, the department, in consultation |
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149 | 149 | | 118with the institute, shall update the chemicals of concern list. |
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150 | 150 | | 119 (e) The department, in consultation with the institute, may include a class of chemicals on |
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151 | 151 | | 120the list. If the department includes a class of chemicals, the department may exclude from the list |
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152 | 152 | | 121specific members of the class of chemicals, or a subclass of chemicals, that do not share the same |
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153 | 153 | | 122hazards as the other members of the class of chemicals. |
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154 | 154 | | 123 (f) In establishing by rule the practical quantification limits for chemicals or classes of |
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155 | 155 | | 124chemicals on the list, the department shall consider guidance developed by other federal, state |
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156 | 156 | | 125and nongovernmental organizations with the applicable expertise. |
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157 | 157 | | 126 (g) Not later than 180 days after a chemical or a class of chemicals are added to the |
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158 | 158 | | 127chemicals of concern list established under subsection (c), and biennially thereafter, a |
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159 | 159 | | 128manufacturer of a children’s product for sale in the commonwealth that contains a chemical in an |
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160 | 160 | | 129amount greater than a de minimis level shall notify the department in writing; provided, |
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161 | 161 | | 130however, if the children’s product contains a listed chemical that is an engineered nanoobject, the |
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162 | 162 | | 131manufacturer shall notify the department in writing regardless of the amount of chemical present. |
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163 | 163 | | 132The manufacturer’s written notice shall be submitted electronically in a format to be specified by |
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164 | 164 | | 133the department, in consultation with the institute, and shall include: |
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165 | 165 | | 134 (i) the name of the chemical used or produced and its chemical abstracts service registry |
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166 | 166 | | 135number; 8 of 16 |
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167 | 167 | | 136 (ii) a brief description of the product or product component containing the chemicals, |
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168 | 168 | | 137including the Global Product Classification product brick description; |
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169 | 169 | | 138 (iii) the brand name, product model and the universal product code if the product has |
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170 | 170 | | 139such a code; |
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171 | 171 | | 140 (iv) a description of the function of the chemical in the product; |
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172 | 172 | | 141 (v) the amount of the chemical used in each unit of the product or product component, |
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173 | 173 | | 142which may be reported in ranges, rather than the exact amount; and |
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174 | 174 | | 143 (vi) the name and address of the manufacturer and the name, address and phone number |
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175 | 175 | | 144of a contact person for the manufacturer. |
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176 | 176 | | 145 The department may direct submission of such reports to the IC2 and may otherwise |
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177 | 177 | | 146provide for reciprocal data sharing with other states which require reporting of the same |
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178 | 178 | | 147information. The department shall specify procedures for the provision of such notice by |
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179 | 179 | | 148manufacturers to the IC2. |
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180 | 180 | | 149 (h) The department shall make information reported under subsection (g) available to the |
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181 | 181 | | 150public via the department’s website and via linkage to relevant databases on the IC2 website. |
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182 | 182 | | 151 (i) (1) Not less than 3 years after a chemical or a class of chemicals are added to the |
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183 | 183 | | 152chemicals of concern list required by subsection (c), a manufacturer must remove or make a |
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184 | 184 | | 153substitution for the chemical if the chemical is present in a children’s product that is: |
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185 | 185 | | 154 (i) Mouthable; |
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186 | 186 | | 155 (ii) A children’s personal care product or cosmetic; or 9 of 16 |
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187 | 187 | | 156 (iii) Made for, marketed for use by or marketed to children under 3 years of age. |
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188 | 188 | | 157 (2) A manufacturer with 25 or fewer employees may apply for a 2-year extension of the |
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189 | 189 | | 158date specified in paragraph (1) of this subsection to meet the requirements of this section. |
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190 | 190 | | 159 (3) Manufacturers are exempt from meeting the requirements of this section for |
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191 | 191 | | 160children’s products described in paragraph (1) of this subsection that contain chemicals of |
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192 | 192 | | 161concern for children’s health used in children’s products at levels that are at or below allowable |
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193 | 193 | | 162levels for children’s products as established by the Consumer Product Safety Improvement Act |
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194 | 194 | | 163of 2008, P.L. 110-314, 122 Stat. 3016, as in effect on Jan 17, 2025. |
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195 | 195 | | 164 (4) The department may adopt rules providing for additional exemptions from the |
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196 | 196 | | 165requirements of this section. |
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197 | 197 | | 166 (5) For purposes of this subsection, any consumer product safety standard adopted under |
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198 | 198 | | 167federal law that establishes allowable levels for children’s products of a high priority chemical of |
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199 | 199 | | 168concern for children’s health used in children’s products is presumed to establish the maximum |
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200 | 200 | | 169allowable level of the chemical that may be used in children’s products that are sold or offered |
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201 | 201 | | 170for sale in this state. |
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202 | 202 | | 171 The department may not require a manufacturer in compliance with the federal standard |
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203 | 203 | | 172to also comply with the provisions of this section unless the department establishes in the |
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204 | 204 | | 173rulemaking process that a lower maximum allowable level for children’s products of a high |
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205 | 205 | | 174priority chemical of concern for children’s health used in children’s products than the allowable |
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206 | 206 | | 175level set by the federal standard is necessary to protect human health and welfare. 10 of 16 |
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207 | 207 | | 176 (j) The department, in consultation with the institute, shall maintain and publish a list of |
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208 | 208 | | 177high priority chemicals in children’s products, which shall be available to the public on the |
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209 | 209 | | 178department’s website. |
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210 | 210 | | 179 The department may identify a chemical as a high priority chemical if, upon such review: |
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211 | 211 | | 180(i) the chemical or its metabolites have been found through biomonitoring to be present in |
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212 | 212 | | 181humans; (ii) the chemical has been found through sampling and analysis to be present in |
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213 | 213 | | 182household dust, indoor air, drinking water or elsewhere in the home environment; (iii) the |
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214 | 214 | | 183chemical has been scientifically demonstrated to release from the product, resulting in likely |
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215 | 215 | | 184exposure to children; or (iv) the sale or use of the chemical or a children's product containing the |
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216 | 216 | | 185chemical has been restricted in another state or states within the United States. |
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217 | 217 | | 186 The department, in consultation with the institute, may remove a chemical from the high |
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218 | 218 | | 187priority chemicals list if, upon review, it determines based on substantial scientific evidence that |
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219 | 219 | | 188such chemical no longer meets the criteria for listing under this subsection. |
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220 | 220 | | 189 Not later than 180 days after a chemical is added to the high priority chemicals list, |
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221 | 221 | | 190manufacturers of a children’s product containing such high priority chemical shall notify persons |
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222 | 222 | | 191that offer the children’s product for sale or distribution in the state that the product contains a |
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223 | 223 | | 192high priority chemical and shall provide such persons with information regarding toxicity and |
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224 | 224 | | 193risk management. Notification shall be provided in a form specified by the department. |
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225 | 225 | | 194 Not later than 3 years after a chemical is added to the high priority chemicals list, no |
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226 | 226 | | 195person shall distribute, sell or offer for sale in the commonwealth any children's product |
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227 | 227 | | 196containing the high priority chemical, unless a prohibition on the distribution, sale or offer for |
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228 | 228 | | 197sale of the children’s product would be preempted by federal law or the commissioner exempts 11 of 16 |
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229 | 229 | | 198the children's product from such prohibition because, in the commissioner's judgment, the lack of |
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230 | 230 | | 199availability of the children's product could pose an unreasonable risk to public health, safety or |
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231 | 231 | | 200welfare. |
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232 | 232 | | 201 The department, in consultation with the institute, shall update the high priority chemicals |
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233 | 233 | | 202list at least once every 3 years. |
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234 | 234 | | 203 (k) The department, in consultation with the institute, may periodically publish a list of |
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235 | 235 | | 204safer alternative chemicals that may be substituted for the chemicals listed on the chemicals of |
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236 | 236 | | 205concern list established in subsection (c) or the high priority chemicals list established in |
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237 | 237 | | 206subsection (j). Manufacturers of children’s products containing chemicals of concern or high |
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238 | 238 | | 207priority chemicals may redesign products to eliminate the need for chemicals of concern or high |
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239 | 239 | | 208priority chemicals or they may substitute a chemical from the safer alternatives list. |
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240 | 240 | | 209 Manufacturers may not replace chemicals on the high priority chemicals list established |
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241 | 241 | | 210in subsection (j) with any chemical that is on the chemicals of concern list established in |
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242 | 242 | | 211subsection (c) or any chemical that has been identified by a government entity or other |
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243 | 243 | | 212authoritative body or is identified based on scientific evidence as having the characteristics of a |
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244 | 244 | | 213chemical of concern as described in subsection (c). |
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245 | 245 | | 214 (l) Manufacturers that seek to replace chemicals on the chemicals of concern list |
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246 | 246 | | 215established in subsection (c) or high priority chemicals list established in subsection (j) with |
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247 | 247 | | 216chemicals that are not on the safer alternative chemicals list established in this subsection shall |
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248 | 248 | | 217disclose to the department and to the institute the chemical substitutes that the manufacturer will |
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249 | 249 | | 218use. The manufacturer shall conduct a hazard assessment that explains how the children’s |
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250 | 250 | | 219product, and any substitute chemical the children’s product contains, are less hazardous than 12 of 16 |
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251 | 251 | | 220before the substitution was made. The department shall establish the methodology that a |
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252 | 252 | | 221manufacturer must use, and the standards that a children’s product must meet, to comply with the |
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253 | 253 | | 222hazard assessment requirements. Upon the request of the department, manufacturers must submit |
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254 | 254 | | 223a hazard assessment to the department for review. |
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255 | 255 | | 224 If the department, in consultation with the institute, requests a hazard assessment, the |
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256 | 256 | | 225department, in consultation with the institute, may approve or disapprove a hazard assessment |
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257 | 257 | | 226within 180 days after its submission. If the department fails to act within 180 days, the hazard |
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258 | 258 | | 227assessment is deemed approved, and the manufacturer may continue to sell or offer for sale in |
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259 | 259 | | 228this state the children’s product for which the manufacturer submitted a hazard assessment for a |
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260 | 260 | | 229period of 3 years after the date of submittal of the hazard assessment. If the department |
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261 | 261 | | 230disapproves a hazard assessment, the manufacturer may submit a revised hazard assessment for |
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262 | 262 | | 231consideration within 180 days after the department’s disapproval. |
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263 | 263 | | 232 (m) If the department, in consultation with the institute, determines that a hazard |
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264 | 264 | | 233assessment as described in subsection (l) is incomplete, the department may obtain the |
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265 | 265 | | 234assessment from another party. The manufacturer that submitted the assessment that was |
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266 | 266 | | 235determined to be incomplete must pay for the assessment performed by the other party. |
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267 | 267 | | 236 (n) A hazard assessment approved or deemed approved is valid for a period of 3 years |
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268 | 268 | | 237after the date of submittal of the hazard assessment. A manufacturer must submit an updated |
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269 | 269 | | 238hazard assessment, with any additional relevant information, at the end of the 3-year period. |
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270 | 270 | | 239 (o) The department may grant a temporary or permanent waiver to manufacturers of |
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271 | 271 | | 240children’s products that request a waiver from the requirement to remove or substitute high |
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272 | 272 | | 241priority chemicals. The manufacturer applying for a waiver must demonstrate that the high 13 of 16 |
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273 | 273 | | 242priority chemical is not reasonably anticipated to result in exposure based upon an analysis of |
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274 | 274 | | 243leachability and bioavailability of the chemical of concern. The department shall establish |
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275 | 275 | | 244requirements and fees for waiver requests. |
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276 | 276 | | 245 (p) The department may conduct testing of children’s products sold or offered for sale in |
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277 | 277 | | 246the state in order to determine compliance with this act. |
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278 | 278 | | 247 (q) The manufacturer shall pay a fee upon submission of a report of chemical use |
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279 | 279 | | 248pursuant to subsection (g) and upon submission of a waiver request pursuant to subsection (o). |
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280 | 280 | | 249The department shall establish a fee schedule to cover the department's reasonable costs in the |
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281 | 281 | | 250administration and enforcement of this title. Exclusive of fines and penalties, the state shall only |
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282 | 282 | | 251recover its actual cost of administration and enforcement. |
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283 | 283 | | 252 (r) This section shall apply to chemicals in children’s products sold or distributed as new |
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284 | 284 | | 253and do not apply to used children’s products that are sold or distributed for free at secondhand |
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285 | 285 | | 254stores, yard sales, on the internet or donated to charities. |
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286 | 286 | | 255 (s) A manufacturer that produces, sells or distributes a product prohibited from |
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287 | 287 | | 256manufacture, sale or distribution in the commonwealth under this section shall recall the product |
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288 | 288 | | 257and reimburse the retailer or any other purchaser for the product. |
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289 | 289 | | 258 (t) A manufacturer of products in violation of this section shall be subject to a civil |
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290 | 290 | | 259penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who |
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291 | 291 | | 260are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense. |
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292 | 292 | | 261 (u) If there are grounds to suspect that a children’s product is being offered for sale in |
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293 | 293 | | 262violation of this section, the department may request the manufacturer of the children’s product 14 of 16 |
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294 | 294 | | 263to provide a statement of compliance on a form provided by the department within 10 days of |
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295 | 295 | | 264receipt of a request from the department. The statement of compliance shall: (i) attest that the |
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296 | 296 | | 265children’s product does not contain the dangerous chemical; (ii) attest and provide the |
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297 | 297 | | 266department with documentation that notification of the presence of the high priority chemical has |
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298 | 298 | | 267been provided to the department or provide notice as required by subsection (g); or (iii) attest |
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299 | 299 | | 268that the manufacturer has notified persons that sell the product in this state that the sale of the |
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300 | 300 | | 269children’s product is prohibited. |
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301 | 301 | | 270 Retailers who unknowingly sell products that are restricted from sale under this section |
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302 | 302 | | 271are not liable under this section. |
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303 | 303 | | 272 (v) Every 3 years, the department, in consultation with the institute, shall submit a report |
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304 | 304 | | 273on the toxic chemicals of concern in children's products to the clerks of the house and the senate, |
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305 | 305 | | 274the joint committee on public health, the joint committee on the environment and natural |
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306 | 306 | | 275resources, the joint committee on consumer protection and professional licensure and the joint |
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307 | 307 | | 276committee on children, families and persons with disabilities. The report shall include general |
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308 | 308 | | 277information and policy recommendations for addressing toxic chemicals in children’s products, |
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309 | 309 | | 278including, but not limited to: (i) ways, in addition to the IC2, to inform and educate consumers |
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310 | 310 | | 279about toxic chemicals in children’s products; (ii) ways to protect children from toxic chemical |
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311 | 311 | | 280exposures; (iii) progress and challenges in implementing this section; (iv) updated lists of |
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312 | 312 | | 281chemicals of concern, high priority chemicals and safer alternative chemicals; (v) results of |
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313 | 313 | | 282reporting, including the number and types of children’s products with chemicals of concern or |
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314 | 314 | | 283high priority chemicals, amounts used, and the most frequently disclosed chemicals; (vi) |
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315 | 315 | | 284information on waiver requests made and granted and compliance and enforcement activities, |
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316 | 316 | | 285including testing and penalties; and (vii) any proposed regulations or legislation necessary to 15 of 16 |
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317 | 317 | | 286carry out the report’s recommendations. The department shall make the report available on its |
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318 | 318 | | 287website and may publicize it through any other appropriate channels. |
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319 | 319 | | 288 (w) The department shall promulgate rules and regulations necessary for the |
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320 | 320 | | 289implementation and enforcement of this section, including the need for funding for department |
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321 | 321 | | 290and institute staffing, website development and management, reporting, and testing and |
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322 | 322 | | 291enforcement. |
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323 | 323 | | 292 SECTION 2. The department of environmental protection, in consultation with the |
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324 | 324 | | 293Toxics Use Reduction Institute established in section 6 of chapter 21I of the General Laws, shall |
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325 | 325 | | 294promulgate regulations to implement section 29 of chapter 21A of the General Laws, as inserted |
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326 | 326 | | 295by this act, no later than 1 year after the effective date of this act. |
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327 | 327 | | 296 SECTION 3. Notwithstanding any general or special law to the contrary, the department |
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328 | 328 | | 297of environmental protection, in consultation with the Toxics Use Reduction Institute established |
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329 | 329 | | 298in section 6 of chapter 21I of the General Laws, shall publish an initial list of toxic chemicals of |
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330 | 330 | | 299concern in children’s products, as required by subsection (c) of section 29 of chapter 21A of the |
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331 | 331 | | 300General Laws, as inserted by this act, not later than 1 year after the effective date of this act. |
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332 | 332 | | 301 SECTION 4. Notwithstanding any general or special law to the contrary, the department |
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333 | 333 | | 302of environmental protection, in consultation with the Toxics Use Reduction Institute established |
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334 | 334 | | 303in section 6 of chapter 21I of the General Laws, shall publish (i) a list of high priority chemicals |
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335 | 335 | | 304in children’s products, as required by subsection (j) of section 29 of chapter 21A of the General |
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336 | 336 | | 305Laws, as inserted by this act and (ii) list of safer alternative chemicals in children’s products, as |
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337 | 337 | | 306required by subsection (k) of section 29 of chapter 21A of the General Laws, as inserted by this |
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338 | 338 | | 307act, not later than 3 years after the effective date of this act. 16 of 16 |
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339 | 339 | | 308 SECTION 5. Notwithstanding any general or special law to the contrary, the department |
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340 | 340 | | 309of environmental protection, in consultation with the Toxics Use Reduction Institute established |
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341 | 341 | | 310in section 6 of chapter 21I of the General Laws, shall submit its first report, as required by |
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342 | 342 | | 311subsection (v) of section 29 of chapter 21A of the General Laws, as inserted by this act, not later |
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343 | 343 | | 312than 3 years after the effective date of this act. |
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