AN ACT CONCERNING THE BAN OF CERTAIN POLYBROMINATED DIPHENYL ETHERS

This bill restricts the sale or distribution of two types, and requires the evaluation of a third type, of polybrominated diphenyl ether (PBDE), a chemical used as a flame retardant in household products. It authorizes the consumer protection commissioner to inspect (1) facilities that manufacture, process, pack, sell, or store, and (2) vehicles that transport or store, products containing the banned variants of PBDE, and to obtain samples of the products. It imposes a fine on anyone who sells or distributes products containing the banned chemicals.

EFFECTIVE DATE: October 1, 2005, except for the requirement to study deca-PBDE, which takes effect upon passage.

The bill prohibits anyone from selling, offering to sell, or distributing for promotional purposes any product containing more than 1% of penta- or octa-PBDE.

It authorizes the Department of Consumer Protection (DCP) commissioner to designate officers or employees to enter and inspect factories, warehouses, establishments, or stores in which products containing more than 1% of penta- or octa-PBDE are manufactured, processed, packed, sold, or held for introduction into commerce, or are held after introduction. The designated DCP inspectors also may enter any vehicle used to transport or hold such products in commerce. The inspectors must present appropriate credentials to the owner, operator, or agent in charge of the facility and must conduct inspections at reasonable times, within reasonable limits, and in a reasonable manner.

The inspectors may examine and obtain samples of all pertinent equipment, finished and unfinished materials, labeling, and packages. The DCP inspectors must pay, or offer to pay, the owner, operator or agent for any sample, and provide him with a receipt describing the product before leaving the premises.

Any person who sells, offers to sell, or distributes a product containing more than 1% of penta- or octa-PBDE is subject to a fine of up to $ 100 per product sold, offered for sale, or distributed. It is not clear if the fine is levied on each item or on each product line.

The bill requires the environmental protection commissioner, in consultation with the public health commissioner, to review relevant risk assessments of deca-PBDE, and the relevant findings and rulings of the U. S. Environmental Protection Agency (EPA) and the European Union. She must report her findings and recommendations regarding the regulation of deca-PBDE to the Environment Committee by January 1, 2006.

Penta-, octa-, and deca-PBDE are three mixtures of a chemical used as a flame retardant in such products as furniture foam, TV cabinets, computer casings, consumer electronics, small appliances, drapes, and carpets. PBDEs slow ignition time and rate of fire growth, allowing people more time to escape from a fire. However, there is growing evidence that PBDEs persist in the environment and accumulate in people’s bodies, possibly causing harm to the liver, thyroid, and nervous system. The EPA is working with chemical manufacturers to find safer alternatives to PBDE.

Yea

Nay