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HB 27: "An Act relating to the manufacture, sale, distribution, and labeling of child-related products containing certain flame retardant chemicals; relating to an interstate chemicals clearinghouse; adding unlawful acts to the Alaska Unfair Trade Practices and Consumer Protection Act; and providing for an effective date."

00                              HOUSE BILL NO. 27                                                                          
01 "An Act relating to the manufacture, sale, distribution, and labeling of child-related                                  
02 products containing certain flame retardant chemicals; relating to an interstate                                        
03 chemicals clearinghouse; adding unlawful acts to the Alaska Unfair Trade Practices and                                  
04 Consumer Protection Act; and providing for an effective date."                                                          
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
07 to read:                                                                                                                
08       SHORT TITLE. This Act may be known as the Toxic-Free Firefighters and Children                                    
09 Act.                                                                                                                    
10    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
11 read:                                                                                                                   
12       FINDINGS. The legislature finds that                                                                              
13            (1)  flame retardant chemicals are not needed to provide fire safety;                                      
14            (2)  many flame retardant chemicals commonly contained in furniture are toxic                              
01 to humans and animals, accumulate in the human body and in the environment, and persist in                              
02 the environment for long periods;                                                                                       
03            (3)  the known adverse health effects of certain flame retardant chemicals                                 
04 include reproductive impairment, neurological effects, endocrine disruption, interference with                          
05 thyroid hormone function, genotoxicity, cancer, and immune disorders;                                                   
06            (4)  certain flame retardant chemicals are disproportionately hazardous to the                               
07 health of children;                                                                                                     
08            (5)  firefighters are at a particular risk of harm because of exposure to flame                              
09 retardant chemicals;                                                                                                    
10 (6)  the federal government has failed to adequately regulate the use of flame                                          
11 retardant chemicals to avoid the risks associated with flame retardant chemicals;                                       
12 (7)  in the absence of adequate federal action, other states have taken steps to                                        
13 limit or ban the use of certain flame retardant chemicals; and                                                          
14 (8)  this Act takes a first step toward addressing the health problems presented                                        
15 by the use of certain flame retardant chemicals.                                                                        
16    * Sec. 3. AS 18.31 is amended by adding new sections to read:                                                    
17          Article 5. Flame Retardant Chemicals in Child-Related Products.                                              
18 Sec. 18.31.610. Prohibition. (a) A person may not knowingly, in the course of                                         
19 business, manufacture, sell, offer for sale, or distribute for sale in the state a consumer                             
20 product that contains a chemical that retards flame production if the chemical contains                                 
21 (1)  an organohalogenated flame retardant, organophosphorous flame                                                      
22 retardant, organonitrogen flame retardant, or nanoscale material-based flame retardant;                                 
23       or                                                                                                                
24                 (2)  antimony (chemical abstracts service number 7440-36-0).                                            
25 (b)  This section does not apply to a consumer product that a person resells or                                         
26       offers for resale.                                                                                                
27            (c)  In this section,                                                                                        
28                 (1)  "knowingly" has the meaning given in AS 11.81.900;                                                 
29 (2)  "organohalogenated flame retardant" means a chemical compound                                                      
30 containing carbon and one or more of the elements fluorine, chlorine, bromine, iodine,                                  
31       or other halogen;                                                                                                 
01                 (3)  "organonitrogen flame retardant" means a chemical compound                                         
02       containing nitrogen and carbon;                                                                                   
03                 (4)  "organophosphorous flame retardant" means a chemical compound                                      
04       containing phosphorus and carbon.                                                                                 
05 Sec. 18.31.620. Labeling. A person who manufactures a consumer product and                                            
06 sells, offers for sale, or distributes the consumer product in the state shall place a label                            
07 on the consumer product that states that the consumer product contains or does not                                      
08       contain a chemical that retards flame production.                                                                 
09            Sec. 18.31.630. Civil penalty. (a) A person who violates AS 18.31.610 or                                   
10       18.31.620 is liable to the state for a civil penalty that may not exceed                                          
11 (1)  for the first violation, $500 for each day that the violation                                                      
12       continues; or                                                                                                     
13 (2)  for each violation after the first violation, $1,000 for each day that                                             
14       the violation continues.                                                                                          
15 (b)  Violation of AS 18.31.610 or 18.31.620 is an unfair trade practice under                                           
16 AS 45.50.471 - 45.50.561, and, in addition to the civil penalty under (a) of this                                       
17 section, the remedies under AS 45.50.471 - 45.50.561 are available for the violation,                                   
18       except for the civil penalty under AS 45.50.551(b).                                                               
19 Sec. 18.31.640. Participation in interstate chemicals clearinghouse. The                                              
20 Department of Environmental Conservation may participate in an interstate chemicals                                     
21       clearinghouse to learn about flame retardant chemicals used in consumer products.                                 
22            Sec. 18.31.650. Definitions. In AS 18.31.610 - 18.31.650,                                                  
23                 (1)  "child" means a child who is under 12 years of age;                                                
24 (2)  "consumer product" means clothing, toys, detachable car seats,                                                     
25 nursing pillows, upholstered furniture, bedding, mattresses, crib mattresses, nap pads                                  
26 and changing pads, or other products used in the home primarily for or by a child or                                    
27       the parent or guardian of a child.                                                                                
28    * Sec. 4. AS 45.50.471(b) is amended by adding a new paragraph to read:                                            
29 (58)  violating AS 18.31.610 or 18.31.620 (flame retardant chemicals in                                                 
30       consumer products).                                                                                               
31    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
01 read:                                                                                                                   
02       REVISOR'S INSTRUCTION. Wherever "this chapter" appears in AS 18.31.010 -                                          
03 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500."                                         
04    * Sec. 6. AS 18.31.610, 18.31.620, 18.31.630, and 18.31.650, added by sec. 3 of this Act,                          
05 and AS 45.50.471(b)(58), added by sec. 4 of this Act, take effect January 1, 2020.