On 12 October 2016, the environmental protection department (DEP) of Maine announced a notice, and it proposed a rule1 to designate two flame retardants - decabromodiphenyl ether (decaBDE) and hexabromocylododecane (HBCD) as priority chemicals2 under the Toxic Chemicals in Children's Products law3. Under the Law, the manufacturer or distributor of certain children’s products is required to report to the Maine’s DEP, if the product contains any intentionally added priority chemical.
The proposed rule is summarised as follows:
Rule Chapter of DEP
Decabromodiphenyl ether (decaBDE), CAS no. 1163-19-5
Hexabromocylododecane (HBCD), CAS no. 25637-99-4
Certain children’s products containing intentionally added priority chemicals
Product description, including the overall size of the product and/or the mouth-able component of the product (if a reportable item is smaller than 5 cm in one dimension, it is regarded as mouth-able);
The amount of Regulated Flame Retardant in each unit of the product reported;
The function of Regulated Flame Retardant in the product reported;
The number of product units sold or distributed in Maine or nationally;
Any other information the manufacturer deems relevant to the reporting of the Regulated.
Effective date of reporting
No later than 180 days after the effective date of the chapter
Maine enacted Toxic Chemicals in Children's Products law in 2008. Since the law was enacted, the Maine’s DEP has designated 11 chemicals as priority chemicals (i.e. Arsenic, Cadmium, Mercury, Bisphenol A, Formaldehyde, Nonylphenol (NP), Nonylphenol ethoxylates (NPE), Di(2-ethylhexyl) phthalate (DEHP), Dibutyl phthalate (DBP), Benzyl butyl phthalate (BBP) and Diethyl phthalate (DEP)).