HB 27: "An Act relating to chemicals that are of high concern for children and to the manufacture and sale of products containing certain flame retardant chemicals; relating to an interstate chemicals clearinghouse; adding an unlawful act 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 chemicals that are of high concern for children and to the 02 manufacture and sale of products containing certain flame retardant chemicals; relating 03 to an interstate chemicals clearinghouse; adding an unlawful act to the Alaska Unfair 04 Trade Practices and Consumer Protection Act; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 18.31 is amended by adding new sections to read: 07 Article 5. Chemicals of High Concern for Childhood Exposure. 08 Sec. 18.31.610. Identification of chemicals of high concern. The department, 09 after consultation with the Department of Health and Social Services, shall publish a 10 list of chemicals of high concern to which children are at high risk of potential 11 exposure. 12 Sec. 18.31.620. Requirements for listing. (a) Before placing a chemical on 13 the list, the department shall determine that the chemical is a chemical of high concern 14 and that children are at high risk for potential exposure to the chemical.
01 (b) To determine that a chemical is a chemical of high concern, the department 02 shall find that the chemical has been identified by a government entity, based on 03 credible scientific evidence, as 04 (1) a carcinogen, a reproductive toxicant, a developmental toxicant, or 05 an endocrine disruptor; 06 (2) persistent, bioaccumulative, and toxic; or 07 (3) very persistent and very bioaccumulative. 08 (c) To determine that there is a high potential for children to be exposed to a 09 chemical of high concern, 10 (1) biomonitoring studies must demonstrate the presence of the 11 chemical in human breast milk, human urine, or other bodily tissues or fluids; 12 (2) sampling and analysis must demonstrate the presence of the 13 chemical in household dust, household indoor air, household drinking water, or 14 elsewhere in the home environment; or 15 (3) the chemical must be an additive to or otherwise present in a 16 consumer product. 17 Sec. 18.31.630. Review and revision of list. The department may periodically 18 review the list and may revise the list by adding a chemical to the list or by removing 19 from the list a chemical that does not satisfy the requirements of AS 18.31.620. 20 Sec. 18.31.640. Prohibition. (a) A person may not, in the course of business, 21 manufacture in the state, sell in the state, offer for sale in the state, or distribute for 22 sale in the state a consumer product that contains a chemical that inhibits flame 23 production if the chemical is on the list or is identified as 24 (1) TDCPP (Tris (1,3-dichloro-2-propyl) phosphate); 25 (2) TCEP (Tris (2-chloroethyl) phosphate); or 26 (3) TCPP (Tris (1-chloro-2-propyl) phosphate). 27 (b) This section does not apply to a consumer product that a person resells or 28 offers for resale. 29 Sec. 18.31.650. Remedies. (a) A person who violates AS 18.31.640 is liable to 30 the state for a civil penalty that may not exceed 31 (1) for the first violation, $1,000 for each day that the violation
01 continues; or 02 (2) for each violation after the first violation, $2,500 for each day that 03 the violation continues. 04 (b) Violation of AS 18.31.640 is an unfair trade practice under AS 45.50.471 - 05 45.50.561, and, in addition to the civil penalty under (a) of this section, the remedies 06 under AS 45.50.471 - 45.50.561 are available for the violation, except for the civil 07 penalty under AS 45.50.551(b). 08 Sec. 18.31.660. Participation in interstate chemicals clearinghouse. The 09 department shall participate in an interstate chemicals clearinghouse to 10 (1) assist the department to carry out its responsibilities under 11 AS 18.31.610 - 18.31.690; and 12 (2) help coordinate the research and education needed to 13 (A) identify chemicals of high concern to which children are at 14 high risk of potential exposure; and 15 (B) develop safer alternatives to the chemicals identified under 16 (A) of this paragraph. 17 Sec. 18.31.670. Regulations. The department may adopt regulations under 18 AS 44.62 (Administrative Procedure Act) to implement AS 18.31.610 - 18.31.690. 19 Sec. 18.31.690. Definitions. In AS 18.31.610 - 18.31.690, 20 (1) "child" means a child who is under three years of age; 21 (2) "consumer product" means a product used in the home primarily 22 for or by a child or the parents or guardians of a child; in this paragraph, "product" 23 includes clothing, toys, detachable car seats, nursing pillows, crib mattresses, nap 24 pads, and changing pads; 25 (3) "department" means the Department of Environmental 26 Conservation; 27 (4) "list" means a list published under AS 18.31.610; 28 (5) "manufacturer" means a person who, in the course of business, 29 (A) manufactures a consumer product; 30 (B) affixes a brand name to a consumer product; or 31 (C) is the importer or first distributor in the United States of a
01 consumer product if the consumer product was imported into the United States 02 and if the person who manufactured or assembled the consumer product or 03 whose brand name is affixed to the consumer product does not do business in 04 the United States; in this subparagraph, "distributor" means a person who sells 05 consumer products on a wholesale basis to a person for retail sale. 06 * Sec. 2. AS 45.50.471(b) is amended by adding a new paragraph to read: 07 (58) violating AS 18.31.640 (flame-inhibiting chemicals in consumer 08 products). 09 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: FIRST LIST OF CHEMICALS. By January 1, 2019, the Department 12 of Environmental Conservation, in consultation with the Department of Health and Social 13 Services, shall publish the first list of chemicals under AS 18.31.610, enacted by sec. 1 of this 14 Act. 15 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 REVISOR'S INSTRUCTION. Wherever "this chapter" appears in AS 18.31.010 - 18 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500." 19 * Sec. 5. AS 18.31.640 and 18.31.650, added by sec. 1 of this Act, and 20 AS 45.50.471(b)(58), added by sec. 2 of this Act, take effect January 1, 2019.