Bill Text: DE HB111 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Chemicals In Consumer Products.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2013-05-01 - Re-Assigned to Natural Resources Committee in House [HB111 Detail]
Download: Delaware-2013-HB111-Draft.html
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SPONSOR: |
Rep. Kowalko & Sen. Marshall |
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Reps. Baumbach, Keeley, Mitchell; Sen. Henry |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 111 |
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CHEMICALS IN CONSUMER PRODUCTS. |
Section 1.Amend Title 16 of the Delaware Code by adding a new chapter 106 as shown by underlining as follows:
CHAPTER 106.CHEMICALS OF HIGH CONCERN TO PREGNANT WOMEN AND CHILDREN IN CONSUMER PRODUCTS
§10601.Declaration of Purpose.
The General Assembly finds that it is the duty of the State to protect the health, safety, and welfare of its citizens, and to reduce exposure of pregnant women, children and other vulnerable populations to chemicals of high concern by publicly identifying such chemicals and encouraging substitution with safer alternatives whenever feasible.
§10602.Definitions.
As used in this chapter:
(1) "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances. A chemical also includes the breakdown products of the substance or substances that form through decomposition, degradation, or metabolism; and the precursor compounds that decompose, degrade, or are metabolized to form the substance or substances.
(2) "Chemical of high concern" means a chemical identified by the Department pursuant to §10603 of this chapter.
(3) "Child" means a person under the age of eighteen years old.
(4) "Consumer product" means any item sold for residential or commercial use, including the component parts or packaging, which is sold for an indoor use in a residence, childcare facility or school; or is sold for an outdoor use if a child or pregnant woman may have direct contact with the outdoor item.
(5) "Credible scientific evidence" means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or in a publication of an authoritative federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, National Institute of Environmental Health Sciences, Food and Drug Administration, and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency.
§10603.Identification of chemicals of high concern.
(a) By January 1, 2014, the Department shall publish an initial list of no less than 50, and no more than 100, chemicals of high concern.
(b) A chemical may be identified and listed as a chemical of high concern pursuant to subsection (a) if the Department determines that:
(1) The chemical has been identified by an authoritative governmental agency on the basis of credible scientific evidence as being known or likely to:
(A) harm the normal development of a fetus or child or cause other developmental toxicity;
(B) cause cancer, genetic damage, or reproductive harm;
(C) disrupt the endocrine or hormone system;
(D) damage the nervous system, immune system, or organs, or cause other systemic toxicity;
(E) be persistent, bioaccumulative, and toxic; or
(F) be very persistent and very bioaccumulative;
and,
(2) There is credible scientific evidence that one or more of the following criteria have been met:
(A) The chemical has been found through biomonitoring studies to be present in human blood, human breast milk, human urine or other bodily tissues or fluids;
(B) The chemical has been found through sampling and analysis to be present in household dust, indoor air or drinking water or elsewhere in the home environment; or
(C) The chemical has been added to or is present in a consumer product used or present in or around the home, childcare facility or school.
(c) In lieu of the determination in subsection (b), a chemical may be identified and listed as a chemical of high concern pursuant to subsection (a) if the Department determines that:
(1) the chemical has been formally identified by another state as a priority chemical or a chemical of high concern based upon criteria that are substantially equivalent to those established in subsection (b); or
(2) the chemical has been formally identified by another state as being known to cause cancer, birth defects or other reproductive harm; and one or more of the criteria in subsection (b)(2) are met.
(d) The Department shall periodically review and revise the list of chemicals of high concern at least every three years. The department may add chemicals to the list if the chemical meets the requirements of subsections (b) or (c).
(e) The list of chemicals of high concern identified pursuant to subsection (a) shall be published on the Internet Web site of the Department and updated whenever the list is revised pursuant to subsection (d).
§10604.Interstate chemicals clearinghouse.
The Department is authorized to participate in an interstate clearinghouse to promote safer chemicals in consumer products in cooperation with other states and governmental entities. The department may cooperate with the interstate clearinghouse in order to organize and manage available data on chemicals, including information on uses, hazards and environmental concerns; to produce and inventory information on safer alternatives to specific uses of chemicals of high concern, and on model policies and programs; to provide technical assistance to businesses and consumers related to safer chemicals; and to undertake other activities in support of state programs to promote safer chemicals in consumer products.
Section 2.This Act takes effect on January 1 of the year following its enactment.
SYNOPSIS
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The legislation would require the State to publish a list of 50 to 100 chemicals of high concern in consumer products based on credible scientific evidence on a chemical's hazards and its potential to expose pregnant women and children in or around the home, childcare facility, or school.The State may list chemicals of high concern based in part on previous findings by authoritative governmental agencies or similar listings by other states.The State would be authorized to participate in an interstate chemicals clearinghouse in order to conserve limited state resources by accessing and sharing information on chemicals with other states. |
