Maine Revised Statutes Title 38 Sec. 1693-A – Identification of chemicals of high concern
Current as of: 2023 | Check for updates
|
Other versions
1. List. By July 1, 2012, the department shall publish a list of no more than 70 chemicals of high concern. The Department of Health and Human Services, Maine Center for Disease Control and Prevention, in consultation with the department, shall develop the list. To be listed as a chemical of high concern, a chemical must be on the list of chemicals of concern pursuant to section 1693 and meet the eligibility criteria of subsection 2.
[PL 2011, c. 319, §4 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1693-A
- Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See Maine Revised Statutes Title 38 Sec. 1691
- Chemical of concern: means a chemical identified by the department pursuant to section 1693. See Maine Revised Statutes Title 38 Sec. 1691
- Consumer product: means any item sold for residential or commercial use, including any component parts and packaging, that is sold for:
A. See Maine Revised Statutes Title 38 Sec. 1691Credible scientific evidence: means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or publication of an authoritative federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, Food and Drug Administration and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency. See Maine Revised Statutes Title 38 Sec. 1691 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Priority chemical: means a chemical identified as such by the department pursuant to section 1694, subsection 1. See Maine Revised Statutes Title 38 Sec. 1691
2. Criteria. A chemical of concern on the list of chemicals of concern pursuant to section 1693 may be included in the list published pursuant to subsection 1 if the department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, determines that there is strong credible scientific evidence that the chemical is a reproductive or developmental toxicant, endocrine disruptor or human carcinogen, and there is strong credible scientific evidence that the chemical meets one or more of the following criteria:
A. The chemical has been found through biomonitoring studies to be present in human blood, human breast milk, human urine or other bodily tissues or fluids; [PL 2011, c. 319, §4 (NEW).]
B. The chemical has been found through sampling and analysis to be present in household dust, indoor air or drinking water or elsewhere in the home environment; or [PL 2011, c. 319, §4 (NEW).]
C. The chemical has been added to or is present in a consumer product used or present in the home. [PL 2011, c. 319, §4 (NEW).]
[PL 2011, c. 319, §4 (NEW).]
3. Updates. The commissioner shall review the list published pursuant to subsection 1 at least every 3 years. The commissioner shall remove any chemical from the list of chemicals of high concern that has been designated as a priority chemical pursuant to section 1694 or that no longer meets any of the criteria of subsection 2. The commissioner may identify additional chemicals of high concern according to the criteria and requirements of this section. The list of chemicals of high concern may not consist of more than 70 or fewer than 10 chemicals of high concern, unless fewer than 10 chemicals of high concern meet any of the criteria under subsection 2.
[PL 2011, c. 319, §4 (NEW).]
4. Rules. The department shall adopt rules to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2011, c. 319, §4 (NEW).]
SECTION HISTORY
PL 2011, c. 319, §4 (NEW).