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BILL AS INTRODUCED 2007-2008

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H.589

Introduced by Representatives Hosford of Waitsfield, Deen of Westminster, French of Randolph, Martin of Springfield, Spengler of Colchester and Sweaney of Windsor

Referred to Committee on

Date:

Subject:  Commerce and trade; clothing; flame retardants

Statement of purpose:  This bill proposes to ban the manufacture, sale, distribution, or use of products containing certain flame retardants.

AN ACT RELATING TO THE SALE OR DISTRIBUTION OF BROMINATED FLAME RETARDANTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. chapter 165 is added to read:

CHAPTER 165.  FLAME RETARDANTS

§ 7201.  DEFINITIONS

As used in this chapter:

(1)  “Brominated flame retardant” means any chemical containing the element bromine that is added to plastic, foam, or textile to inhibit flame formation.

(2)  “DecaBDE” means decabrominated diphenyl ether.

(3)  “Flame retardant” means any chemical that is added to a plastic, foam, or textile to inhibit flame formation.

(4)  “Manufacturer” means any person who manufactures a final product containing a regulated brominated flame retardant or any person whose brand name is affixed to a product containing a regulated brominated flame retardant.

(5)  “OctaBDE” means octabrominated diphenyl ether.

(6)  “PentaBDE" means pentabrominated diphenyl ether.

§ 7202.  PROHIBITION ON SALE OR DISTRIBUTION OF BROMINATED

               FLAME RETARDANTS

(a)  As of July 1, 2009, a person may not sell, offer for sale, distribute for sale, or distribute for promotional purposes a product containing more than 0.1 percent of OctaBDE or PentaBDE.

(b)  As of July 1, 2009, a person may not manufacture, sell, offer for sale, distribute for sale, or use either of the following products containing DecaBDE:

(1)  A mattress or mattress pad;

(2)  Upholstered furniture intended for indoor use in a home or other residential occupancy.

(c)  As of July 1, 2011, a person may not manufacture, sell, offer for sale, distribute for sale, or use a television or computer with a plastic housing containing DecaBDE.

(d)  This section does not apply to the sale of used products.  The following products that contain DecaBDE are exempt from the requirements of subsections (b) and (c) of this section:

(1)  Motor vehicles or products or parts for use in motor vehicles or transportation equipment;

(2)  Products or equipment used in industrial or manufacturing processes; or

(3)  Electronic wiring and cable used for power transmission.

(e)  As of July 1, 2009, a manufacturer of a product containing DecaBDE, OctaBDE, or PentaBDE shall notify persons that sell the manufacturer’s product of the requirements of this section.

§ 7203.  OUTREACH AND EDUCATION; MULTISTATE

               CLEARINGHOUSE

(a)  The secretary of natural resources shall develop a program to inform and educate retailers regarding the requirements of this section and methods for identifying products that contain DecaBDE, OctaBDE, or PentaBDE.

(b)  The secretary of natural resources may participate in the establishment and implementation of a regional, multistate clearinghouse to:  assist in the implementation of the requirements of this section; help coordinate education and outreach activities; review risk assessments; review alternatives to DecaBDE, OctaBDE, or PentaBDE; and implement other activities related to the administration of this chapter.

§ 7204.  REVIEW OF BROMINATED FLAME RETARDANTS; REPORT

               TO GENERAL ASSEMBLY

The secretary of natural resources, in consultation with the commissioner of health, shall review the risk assessments and hazard information regarding and proposed alternatives to the use of brominated flame retardants.  Beginning January 15, 2010 and every two years thereafter, the secretary of natural resources shall report to the general assembly regarding the regulation of brominated flame retardants in the state, in other states, and nationally.  The report shall include recommended additional actions to protect the public health and the environment from brominated flame retardants.

§ 7205.  CERTIFICATE OF COMPLIANCE

If the secretary of natural resources reasonably suspects that a product containing a regulated brominated flame retardant is being sold, offered for sale, or distributed for sale in violation of this chapter, the secretary may request the manufacturer of the product to provide the secretary with a certificate of compliance.  Within 10 days of receipt of the request for a certificate of compliance, the manufacturer shall:

(1)  Provide the secretary with a certificate declaring that the product complies with the requirements of this chapter; or

(2)  Notify persons that sell the manufacturer’s product in the state that the sale of the product is prohibited and shall submit to the secretary a list of the names and addresses of those notified.

§ 7206.  RULEMAKING

(a)  The secretary may adopt rules to implement this chapter.

(b)  The secretary may adopt rules regulating the manufacture, use, sale, or distribution of an additional brominated flame retardant if the secretary determines that the brominated flame retardant is harmful to public health and the environment

Sec. 2.  10 V.S.A. § 8003(a) is amended to read:

(a)  The secretary may take action under this chapter to enforce the following statutes:

* * *

(17)  10 V.S.A. § 2625, relating to heavy cutting of timber; and

(18)  10 V.S.A. chapter 164, relating to comprehensive mercury management; and

(19)  10 V.S.A. chapter 165, relating to flame retardants.

Sec. 3.  10 V.S.A. § 8503(a) is amended to read:

(a)  This chapter shall govern all appeals of an act or decision of the secretary, excluding enforcement actions under chapters 201 and 211 of this title and rulemaking, under the following authorities and under the rules adopted under those authorities:

(1)  The following provisions of this title:

* * *

(N)  chapter 159 (waste management).

(O)  chapter 165 (flame retardants).

(2)  29 V.S.A. chapter 11 (management of lakes and ponds).



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us