38 §1699-A. Enforcement and implementation - Maine Statutes

Title 38: WATERS AND NAVIGATION

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

§1699-A. Enforcement and implementation

1. Failure to provide notice. A children's product containing a priority chemical may not be sold, offered for sale or distributed for sale in this State if the manufacturer or distributor has failed to provide information required under section 1695 by the date required in that section. The commissioner shall exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare.

[ 2007, c. 643, §2 (NEW) .]

2. Certificate of compliance. If there are grounds to suspect that a children's product is being offered for sale in violation of this chapter, the department may request the manufacturer or distributor of the product to provide a certificate of compliance with the provisions of this chapter. Within 10 days of receipt of a request under this subsection, the manufacturer or distributor shall:

A. Provide the department with the certificate attesting that the children's product does not contain the priority chemical; or [2007, c. 643, §2 (NEW).]

B. Notify persons who sell the product in this State that the sale of the children's product is prohibited and provide the department with a list of the names and addresses of those notified. [2007, c. 643, §2 (NEW).]

[ 2007, c. 643, §2 (NEW) .]

SECTION HISTORY

2007, c. 643, §2 (NEW).