CSSB 27(HSS): "An Act relating to flame retardants and to the manufacture, sale, and distribution of products containing flame retardants; relating to a multistate chemicals clearinghouse; and providing for an effective date."
00 CS FOR SENATE BILL NO. 27(HSS) 01 "An Act relating to flame retardants and to the manufacture, sale, and distribution of 02 products containing flame retardants; relating to a multistate chemicals clearinghouse; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.31 is amended by adding new sections to read: 06 Article 4. Chemicals in Products. 07 Sec. 18.31.600. Prohibitions. (a) A person may not manufacture, sell, or 08 distribute a product if one or more components of the product contains more than 0.1 09 percent by mass of pentaBDE, octaBDE, or a combination of pentaBDE and octaBDE. 10 (b) A person may not manufacture, sell, or distribute a mattress, a mattress 11 pad, or upholstered furniture if one or more components of the mattress, mattress pad, 12 or upholstered furniture contains more than 0.1 percent by mass of decaBDE. 13 (c) A person may not manufacture, sell, or distribute an electronic product if 14 the electronic product has a plastic housing or other external component that contains
01 more than 0.1 percent by mass of decaBDE. 02 (d) A person may not manufacture, sell, or distribute a product that is 03 prohibited by the department under AS 18.31.610. 04 Sec. 18.31.610. Prohibition by department. (a) The department may prohibit 05 by regulation the manufacture, sale, and distribution of a product that contains a flame 06 retardant that is not already prohibited under AS 18.31.600(a) - (c), if the department 07 determines that 08 (1) the flame retardant is harmful to public health or the environment; 09 and 10 (2) an alternative to the flame retardant exists, is safer for the public 11 health or the environment, and is available on a nationwide basis. 12 (b) Before establishing a prohibition under (a) of this section, the department 13 shall consult with the Department of Health and Social Services, and the state fire 14 marshal shall determine that the flame retardant alternative identified in (a)(2) of this 15 section satisfies applicable fire safety standards. 16 (c) In this section, "product" means 17 (1) a mattress, a mattress pad, or upholstered furniture if the mattress, 18 mattress pad, or upholstered furniture contains plastic fibers that contain the flame 19 retardant; or 20 (2) an electronic product that has a plastic housing that contains the 21 flame retardant. 22 Sec. 18.31.620. Exemptions. The prohibitions in AS 18.31.600 do not apply if 23 the product that is prohibited is part of 24 (1) a transportation vehicle or a product or part used in a transportation 25 vehicle or transportation equipment; 26 (2) a product or equipment used in an industrial, mining, or 27 manufacturing process; 28 (3) electronic wiring or cable used for power transmission; 29 (4) a used item that is resold; or 30 (5) a new item that is brought into the state before the effective date of 31 this section.
01 Sec. 18.31.630. Notification by manufacturer. A person who manufactures 02 products whose sale and distribution are prohibited by AS 18.31.600 shall inform its 03 retailers in the state of the prohibitions under AS 18.31.600 and the penalty under 04 AS 18.31.650. 05 Sec. 18.31.640. Enforcement. If the department determines that there are 06 grounds to suspect that a retailer is selling a product in violation of AS 18.31.600, the 07 department may request that, within 10 days, the manufacturer of the product 08 (1) provide the department with a sworn certificate indicating that the 09 sale of the product does not violate AS 18.31.600; or 10 (2) notify each retailer who sells the product in the state that the sale of 11 the product is prohibited by AS 18.31.600 and provide the department with a list of the 12 names and addresses of the retailers notified. 13 Sec. 18.31.650. Civil penalty. A person who violates AS 18.31.600 - 14 18.31.640 is liable to the state for a civil penalty of up to $1,000 for each violation. 15 Sec. 18.31.660. Multistate chemicals clearinghouse. The department shall 16 participate in a multistate chemicals clearinghouse to 17 (1) build governmental capacity to identify and promote safer 18 chemicals and products; 19 (2) avoid duplication of state initiatives on chemicals and enhance the 20 efficiency and effectiveness of state initiatives on chemicals through collaboration and 21 coordination; 22 (3) ensure that state agencies, businesses, and the public have easy 23 access to high quality and authoritative information on chemicals. 24 Sec. 18.31.670. Regulations. In addition to the regulations allowed under 25 AS 18.31.610, the department may adopt regulations to implement AS 18.31.600 - 26 18.31.690. The department shall adopt the regulations for AS 18.31.600 - 18.31.690 27 under AS 44.62 (Administrative Procedure Act). 28 Sec. 18.31.690. Definitions for AS 18.31.600 - 18.31.690. In AS 18.31.600 - 29 18.31.690, unless the context indicates otherwise, 30 (1) "congener" means a specific polybromodiphenyl ether molecule; 31 (2) "decaBDE" means decabromodiphenyl ether or a technical mixture
01 in which decabromodiphenyl ether is the predominant congener; 02 (3) "department" means the Department of Environmental 03 Conservation; 04 (4) "distribution" means distribution for sale or for a commercial 05 purpose; 06 (5) "electronic product" means a television, a computer, or another 07 piece of electronic equipment; 08 (6) "flame retardant" means a chemical that is added to plastic, foam, 09 or a textile to inhibit flame formation; 10 (7) "manufacture" means manufacture for sale; 11 (8) "manufacturer" means a person who 12 (A) manufactures a product or whose brand name is affixed to 13 the product; or 14 (B) imports or distributes a product in the United States if the 15 person who manufactured or assembled the product or whose brand name is 16 affixed to the product does not do business in the United States; 17 (9) "octaBDE" means octabromodiphenyl ether or a technical mixture 18 in which octabromodiphenyl ether is the predominant congener; 19 (10) "pentaBDE" means pentabromodiphenyl ether or a technical 20 mixture in which pentabromodiphenyl ether is the predominant congener; 21 (11) "sell" includes an offer to sell; 22 (12) "technical mixture" means a mixture that is named for the 23 predominant congener and that is not exclusively composed of the predominant 24 congener; 25 (13) "transportation vehicle" means a mechanized vehicle that is used 26 to transport goods or individuals, and includes an airplane, an automobile, a 27 motorcycle, a truck, a bus, a train, and a ship. 28 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITION: REGULATIONS. The Department of Environmental Conservation 31 may adopt regulations necessary to implement this Act. The regulations take effect under
01 AS 44.62 (Administrative Procedure Act), but not before the effective date of the statutory 02 changes. 03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 REVISOR'S INSTRUCTION. Wherever "chapter" appears in AS 18.31.010 - 06 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500." 07 * Sec. 4. AS 18.31.660, enacted by sec. 1 of this Act, and sec. 2 of this Act take effect 08 immediately under AS 01.10.070(c). 09 * Sec. 5. Except as provided in sec. 4 of this Act, this Act takes effect January 1, 2013.