Maine Approves Two Bills
pertaining to the Safety of Children's Toys and Products
The Governor of the State
of Maine has signed two bills pertaining to the safety of
children's toys and products. Details as below.
HB 1432(LD2048) Toxic
Chemicals in Children's Products:
In order to protect children
from hazardous chemicals, this act delegates the department
of regulatory power to collect information on chemical use
and prohibit the sale of children's products containing priority
chemicals when safer alternatives are available.
1. By January 1, 2010,
an initial list of Chemicals of High Concern shall be published.
The list shall be reviewed and revised at least every 3 years.
A chemical of high concern may be designated as a Priority
Chemical, and at least 2 priority chemicals shall be designated
by January 1, 2011;
2. For the determination
of the list of Chemicals of High Concern, any carcinogens,
toxicants, endocrine disruptors, persistent and bioaccumulative
chemicals which have been identified by IARC of WHO, EPA of
USA, California Proposition 65, EU Regulation No.1907/2006
(REACH), etc., may be considered.
For the purpose of
bill HB 1432(LD2048):
means a consumer product intended for use by children, such
as baby products, toys, car seats, personal care products
and clothing, and any consumer product containing a chemical
of high concern that when used or disposed of will likely
result in a child's or a fetus's being exposed to that chemical.
HB 1437(LD 2053) Ensure
That Children's Toys and Products are Lead-Free:
By July 1, 2009, a person
may not manufacture, or knowingly sell, distribute or offer
for sale or distribution a children's product if:
1. the product or product component contains lead at more
than 0.009% of the total weight;
2. it is coated with a
paint or surface coating with a lead content that exceeds
the requirement of 16 CFR 1303, as amended (currently at 0.06%
The restrictions DO
NOT apply to consumer electronic products in which the
lead-containing component is inaccessible to children, including
but not limited to electronic toys, personal computers, audio
and video equipment, calculators, wireless telephones, game
consoles, hand-held electronic and electrical devices that
incorporate a video screen used to access interactive software,
and their related devices and products that COMPLY WITH the
EU Directive 2002/95/EC (RoHS).
For the purpose of
bill HB 1437(LD 2053):
means a product that is marketed for use, or the use of which
by a child under 12 years of age is foreseeable, including
but not limited to a toy, child care article, children's lunch
box or children's jewelry.
"Child care article" means a product designed
or intended by the manufacturer to facilitate the sleep, relaxation
or feeding of children or to help children with sucking or
"Children's lunch box" means a fabricated
container marketed or intended for use to carry food or drink
for consumption by a child.
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