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.