Maine Revised Statutes Title 38 Sec. 1699-A – Enforcement and implementation
Current as of: 2023 | Check for updates
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1. Failure to provide notice. A children’s product containing a priority chemical may not be sold, offered for sale or distributed for sale in this State if the manufacturer or distributor has failed to provide information required under section 1695 by the date required in that section. The commissioner shall exempt a children’s product from this prohibition if, in the commissioner’s judgment, the lack of availability of the children’s product could pose an unreasonable risk to public health, safety or welfare.
[PL 2007, c. 643, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1699-A
- Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See Maine Revised Statutes Title 38 Sec. 1691
- Distributor: means a person who sells consumer products to retail establishments on a wholesale basis. See Maine Revised Statutes Title 38 Sec. 1691
- manufacturer: includes the importer or first domestic distributor of the consumer product if the person who manufactured or assembled the consumer product or whose brand name is affixed to the consumer product does not have a presence in the United States. See Maine Revised Statutes Title 38 Sec. 1691
- Priority chemical: means a chemical identified as such by the department pursuant to section 1694, subsection 1. See Maine Revised Statutes Title 38 Sec. 1691
2. Certificate of compliance. If there are grounds to suspect that a children’s product is being offered for sale in violation of this chapter, the department may request the manufacturer or distributor of the product to provide a certificate of compliance with the provisions of this chapter. Within 30 days of receipt of a request under this subsection, the manufacturer or distributor shall:
A. Provide the department with the certificate attesting that the children’s product does not contain the priority chemical; or [PL 2007, c. 643, §2 (NEW).]
B. Notify persons who sell the product in this State that the sale of the children’s product is prohibited and provide the department with a list of the names and addresses of those notified. [PL 2007, c. 643, §2 (NEW).]
[PL 2011, c. 319, §11 (AMD).]
SECTION HISTORY
PL 2007, c. 643, §2 (NEW). PL 2011, c. 319, §11 (AMD).