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30th Legislature(2017-2018)

Bill Text 30th Legislature

00                              HOUSE BILL NO. 27                                                                          
01 "An Act relating to chemicals that are of high concern for children and to the                                          
02 manufacture and sale of products containing certain flame retardant chemicals; relating                                 
03 to an interstate chemicals clearinghouse; adding an unlawful act to the Alaska Unfair                                   
04 Trade Practices and Consumer Protection Act; and providing for an effective date."                                      
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 18.31 is amended by adding new sections to read:                                                 
07           Article 5. Chemicals of High Concern for Childhood Exposure.                                                
08            Sec. 18.31.610. Identification of chemicals of high concern. The department,                               
09       after consultation with the Department of Health and Social Services, shall publish a                             
10       list of chemicals of high concern to which children are at high risk of potential                                 
11       exposure.                                                                                                         
12            Sec. 18.31.620. Requirements for listing. (a) Before placing a chemical on                                 
13       the list, the department shall determine that the chemical is a chemical of high concern                          
14       and that children are at high risk for potential exposure to the chemical.                                        
01            (b)  To determine that a chemical is a chemical of high concern, the department                              
02       shall find that the chemical has been identified by a government entity, based on                                 
03       credible scientific evidence, as                                                                                  
04                 (1)  a carcinogen, a reproductive toxicant, a developmental toxicant, or                                
05       an endocrine disruptor;                                                                                           
06                 (2)  persistent, bioaccumulative, and toxic; or                                                         
07                 (3)  very persistent and very bioaccumulative.                                                          
08            (c)  To determine that there is a high potential for children to be exposed to a                             
09       chemical of high concern,                                                                                         
10 (1)  biomonitoring studies must demonstrate the presence of the                                                         
11       chemical in human breast milk, human urine, or other bodily tissues or fluids;                                    
12 (2)  sampling and analysis must demonstrate the presence of the                                                         
13 chemical in household dust, household indoor air, household drinking water, or                                          
14       elsewhere in the home environment; or                                                                             
15 (3)  the chemical must be an additive to or otherwise present in a                                                      
16       consumer product.                                                                                                 
17 Sec. 18.31.630. Review and revision of list. The department may periodically                                          
18 review the list and may revise the list by adding a chemical to the list or by removing                                 
19       from the list a chemical that does not satisfy the requirements of AS 18.31.620.                                  
20 Sec. 18.31.640. Prohibition. (a) A person may not, in the course of business,                                         
21 manufacture in the state, sell in the state, offer for sale in the state, or distribute for                             
22 sale in the state a consumer product that contains a chemical that inhibits flame                                       
23       production if the chemical is on the list or is identified as                                                     
24                 (1)  TDCPP (Tris (1,3-dichloro-2-propyl) phosphate);                                                    
25                 (2)  TCEP (Tris (2-chloroethyl) phosphate); or                                                          
26                 (3)  TCPP (Tris (1-chloro-2-propyl) phosphate).                                                         
27 (b)  This section does not apply to a consumer product that a person resells or                                         
28       offers for resale.                                                                                                
29 Sec. 18.31.650. Remedies. (a) A person who violates AS 18.31.640 is liable to                                         
30       the state for a civil penalty that may not exceed                                                                 
31 (1)  for the first violation, $1,000 for each day that the violation                                                    
01       continues; or                                                                                                     
02                 (2)  for each violation after the first violation, $2,500 for each day that                             
03       the violation continues.                                                                                          
04 (b)  Violation of AS 18.31.640 is an unfair trade practice under AS 45.50.471 -                                         
05 45.50.561, and, in addition to the civil penalty under (a) of this section, the remedies                                
06 under AS 45.50.471 - 45.50.561 are available for the violation, except for the civil                                    
07       penalty under AS 45.50.551(b).                                                                                    
08            Sec. 18.31.660. Participation in interstate chemicals clearinghouse. The                                   
09       department shall participate in an interstate chemicals clearinghouse to                                          
10 (1)  assist the department to carry out its responsibilities under                                                      
11       AS 18.31.610 - 18.31.690; and                                                                                     
12                 (2)  help coordinate the research and education needed to                                               
13 (A)  identify chemicals of high concern to which children are at                                                        
14            high risk of potential exposure; and                                                                         
15 (B)  develop safer alternatives to the chemicals identified under                                                       
16            (A) of this paragraph.                                                                                       
17 Sec. 18.31.670. Regulations. The department may adopt regulations under                                               
18       AS 44.62 (Administrative Procedure Act) to implement AS 18.31.610 - 18.31.690.                                    
19            Sec. 18.31.690. Definitions. In AS 18.31.610 - 18.31.690,                                                  
20                 (1)  "child" means a child who is under three years of age;                                             
21 (2)  "consumer product" means a product used in the home primarily                                                      
22 for or by a child or the parents or guardians of a child; in this paragraph, "product"                                  
23 includes clothing, toys, detachable car seats, nursing pillows, crib mattresses, nap                                    
24       pads, and changing pads;                                                                                          
25 (3)  "department" means the Department of Environmental                                                                 
26       Conservation;                                                                                                     
27                 (4)  "list" means a list published under AS 18.31.610;                                                  
28                 (5)  "manufacturer" means a person who, in the course of business,                                      
29                      (A)  manufactures a consumer product;                                                              
30                      (B)  affixes a brand name to a consumer product; or                                                
31 (C)  is the importer or first distributor in the United States of a                                                     
01 consumer product if the consumer product was imported into the United States                                            
02 and if the person who manufactured or assembled the consumer product or                                                 
03 whose brand name is affixed to the consumer product does not do business in                                             
04 the United States; in this subparagraph, "distributor" means a person who sells                                         
05            consumer products on a wholesale basis to a person for retail sale.                                          
06    * Sec. 2. AS 45.50.471(b) is amended by adding a new paragraph to read:                                            
07                 (58)  violating AS 18.31.640 (flame-inhibiting chemicals in consumer                                    
08       products).                                                                                                        
09    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
10 read:                                                                                                                   
11 TRANSITION: FIRST LIST OF CHEMICALS. By January 1, 2019, the Department                                                 
12 of Environmental Conservation, in consultation with the Department of Health and Social                                 
13 Services, shall publish the first list of chemicals under AS 18.31.610, enacted by sec. 1 of this                       
14 Act.                                                                                                                    
15    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
16 read:                                                                                                                   
17       REVISOR'S INSTRUCTION. Wherever "this chapter" appears in AS 18.31.010 -                                          
18 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500."                                         
19    * Sec. 5. AS 18.31.640 and 18.31.650, added by sec. 1 of this Act, and                                             
20 AS 45.50.471(b)(58), added by sec. 2 of this Act, take effect January 1, 2019.                                          
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