Recently, Maine added two flame retardants, decaBDE and HBCDD, into its list of priority chemicals. Reports are required to be submitted to Maine Department of Environmental Protection if the children’s products add the above two substances intentionally. This new regulation came into effect on March 4, 2017.

Maine’s Toxic Chemicals in Children’s Products Law, which was enacted in 2008, stipulates that if the children’s products sold in Maine intentionally contain priority chemicals, manufacturers or distributors should report to the department of environmental protection about the existence of priority chemicals in these products.

In October, 2016, Maine Department of Environmental Protection proposed designating decaBDE, HBCD as priority chemicals under the Toxic Chemicals in Children's Products law, and those priority chemicals should meet the relevant requirements (more details from our report in October, 2016- Maine looks to designate decaBDE, HBCD as priority chemicals).

In March, 2017, Maine Department of the Secretary of State officially announced the decision of adopting relevant proposals, and the amount of the priority chemicals of Maine increased to 13, including Bisphenol A (BPA), decaBDE, HBCDD, formaldehyde, nonyl phenol (NPs), NPEOs, arsenic, cadmium, mercury, BBP, DBP, DEP, DEHP.

Under the chapter 889 of the regulation of Maine Department of Environmental Protection, manufacturers or distributors would need to report to the state within 180 days of the rule's effective date. If the sale of the regulated children’s product does not commence until the end of the 180-day reporting period, the relevant corporations must submit reports within 30 days of the sale of the children’s product. The deadline of the report should be August 31, 2017 or within 30 days of the sale of the product.

The products referred in this requirement include consumer goods that intended for use by a child under the age of 12 years or every consumer goods that contains chemicals of very high concern and will lead to the exposure of fetuses and children under 12 years to the chemicals during the using or processing progress. The products cover childcare articles, sleepwear, toys, clothing, footwear, electronic devices, household furniture and furnishings, including mattresses and mattress pads, but second-hand products, food and beverage packaging and transportations do not fall into that category. Therefore, C&K Testing suggests that corporations carefully check the bill of materials and make sure whether the product contains relevant priority chemicals or not.

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Maine looks to designate decaBDE, HBCD as priority chemicals

Rule Chapters for Maine's Department of Environmental Protection