CSHB 27(RES): "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 CS FOR HOUSE BILL NO. 27(RES) 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 Children's Act. 09 * Sec. 2. AS 18.31 is amended by adding new sections to read: 10 Article 5. Flame-Inhibiting Chemicals in Child-Related Products. 11 Sec. 18.31.610. Prohibition. (a) A person may not knowingly, in the course of 12 business, manufacture in the state, sell in the state, offer for sale in the state, or 13 distribute for sale in the state a consumer product that contains a chemical that inhibits 14 flame production if the chemical contains
01 (1) 100 or more parts per million of a nonpolymeric organohalogen 02 flame retardant; or 03 (2) antimony (chemical abstracts service number 7440-36-0). 04 (b) This section does not apply to a consumer product that a person resells or 05 offers for resale. 06 (c) In this section, "knowingly" has the meaning given in AS 11.81.900. 07 Sec. 18.31.620. Labeling. A person who manufactures a consumer product 08 that contains a chemical that inhibits flame production and sells, offers for sale, or 09 distributes the product in the state shall place on a label affixed to the product the 10 following statement: "This product contains a chemical flame retardant." 11 Sec. 18.31.630. Civil penalty. (a) A person who violates AS 18.31.610 or 12 18.31.620 is liable to the state for a civil penalty that may not exceed 13 (1) for the first violation, $500 for each day that the violation 14 continues; or 15 (2) for each violation after the first violation, $1,000 for each day that 16 the violation continues. 17 (b) Violation of AS 18.31.610 or 18.31.620 is an unfair trade practice under 18 AS 45.50.471 - 45.50.561, and, in addition to the civil penalty under (a) of this 19 section, the remedies under AS 45.50.471 - 45.50.561 are available for the violation, 20 except for the civil penalty under AS 45.50.551(b). 21 Sec. 18.31.640. Participation in interstate chemicals clearinghouse. The 22 Department of Environmental Conservation may participate in an interstate chemicals 23 clearinghouse to learn about flame-inhibiting chemicals used in consumer products. 24 Sec. 18.31.650. Definitions. In AS 18.31.610 - 18.31.650, 25 (1) "child" means a child who is under seven years of age; 26 (2) "consumer product" means clothing, toys, detachable car seats, 27 nursing pillows, upholstered furniture, bedding, mattresses, crib mattresses, nap pads, 28 and changing pads, or other products used in the home primarily for or by a child or 29 the parents or guardians of a child. 30 * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 31 (58) violating AS 18.31.610 or 18.31.620 (flame-inhibiting chemicals
01 in consumer products). 02 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 REVISOR'S INSTRUCTION. Wherever "this chapter" appears in AS 18.31.010 - 05 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500." 06 * Sec. 5. AS 18.31.610, 18.31.620, 18.31.630, and 18.31.650, added by sec. 2 of this Act, 07 and AS 45.50.471(b)(58), added by sec. 3 of this Act, take effect January 1, 2020.