HB 199: "An Act relating to flame retardants and to the manufacture, distribution, and sale of products containing flame retardants; and providing for an effective date."

00                             HOUSE BILL NO. 199                                                                          
01 "An Act relating to flame retardants and to the manufacture, distribution, and sale of                                  
02 products containing flame retardants; and providing for an effective date."                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 18.31 is amended by adding new sections to read:                                                   
05                          Article 5. Chemicals.                                                                        
06            Sec. 18.31.600. Flame retardant prohibitions. A person may not, in the                                     
07       course of business in the state, manufacture, sell, or distribute upholstered furniture or                        
08       a children's item if a component of the upholstered furniture or children's item                                  
09       contains 100 or more parts per million by mass of the following flame retardants:                                 
10                 (1)  tris(1,3-dichloro-2-propyl)phosphate (TDCPP), chemical abstracts                                   
11       service number 13674-87-8;                                                                                        
12                 (2)  tris(2-chloroethyl)phosphate (TCEP), chemical abstracts service                                    
13       number 115-96-8;                                                                                                  
14                 (3)  tetrabromobisphenol A (TBBPA), chemical abstracts service                                          
01       number 79-94-7;                                                                                                   
02                 (4)  decabromodiphenyl ether, chemical abstracts service number 1163-                                   
03       19-5;                                                                                                             
04                 (5)  antimony, chemical abstracts service number 7440-36-0;                                             
05                 (6)  hexabromocyclododecane, chemical abstracts service number                                          
06       25637-99-4;                                                                                                       
07                 (7)  bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH), chemical                                     
08       abstracts service number 26040-51-7;                                                                              
09                 (8)  2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB), chemical abstracts                                  
10       service number 183658-27-7;                                                                                       
11                 (9)  chlorinated paraffins, chemical abstracts service number 85535-84-                                 
12       8; or                                                                                                             
13                 (10)  tris(1-chloro-2-propyl)phosphate (TCPP), chemical abstracts                                       
14       service number 13674-84-5.                                                                                        
15            Sec. 18.31.610. Exemptions. The prohibitions in AS 18.31.600 do not apply to                               
16       a product that a person resells after use if the person                                                           
17                 (1)  does not sell the product on a regular basis and does not engage in                                
18       the business of selling that type of product; or                                                                  
19                 (2)  is a nonprofit entity that qualifies for an exemption from taxation                                
20       under 26 U.S.C. 501(c)(3) (Internal Revenue Code).                                                                
21            Sec. 18.31.620. Labeling. A person who manufactures a product that is                                      
22       upholstered furniture or a children's item, that the person sells or distributes in the                           
23       state, and that contains a flame retardant shall place on a label affixed to the product                          
24       the following statement: "This product contains a chemical flame retardant." In this                              
25       section, "flame retardant" means a chemical that is added to a product to inhibit the                             
26       formation of flames.                                                                                              
27            Sec. 18.31.630. Civil penalty. (a) If a person violates AS 18.31.600 -                                   
28       18.31.690, the person is liable to the state for a civil penalty not to exceed                                    
29                 (1)  $500 for the first violation; or                                                                   
30                 (2)  $1,000 for each violation after the first violation.                                               
31            (b)  The total amount of civil penalties for which a person is liable to the state                           
01       under (a) of this section in one calendar year is $5,500.                                                         
02            Sec. 18.31.690. Definitions. In AS 18.31.600 - 18.31.690, unless the context                               
03       indicates otherwise,                                                                                              
04                 (1)  "children's item" means clothing, a toy, a detachable car seat, a                                  
05       nursing pillow, a crib mattress, a nap pad, a changing pad, or another product that is                            
06       used primarily for or by a child;                                                                                 
07                 (2)  "distribute" means selling a product on a wholesale basis to a                                     
08       retailer; in this paragraph, "retailer" means a person who sells a product other than for                         
09       resale and who did not manufacture or distribute the product;                                                     
10                 (3)  "manufacture" means                                                                                
11                      (A)  making a product; or                                                                          
12                      (B)  importing or distributing a product in the United States if                                   
13            the person who manufactured or assembled the product or whose brand name                                     
14            is affixed to the product does not do business in the United States;                                         
15                 (4)  "sell" includes an offer to sell;                                                                  
16                 (5)  "upholstered furniture" means furniture that contains filling                                      
17       material and is used or intended to be used for sitting, resting, or reclining.                                   
18    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
19 read:                                                                                                                   
20       REVISOR'S INSTRUCTION. Wherever "this chapter" appears in AS 18.31.010 -                                          
21 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500."                                         
22    * Sec. 3. This Act takes effect July 1, 2017.