Bill Text: HI HB1881 | 2010 | Regular Session | Introduced

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Bill Title: Brominated Flame Retardants

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-20 - (H) Referred to HLT, JUD/CPC, FIN, referral sheet 1 [HB1881 Detail]

Download: Hawaii-2010-HB1881-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1881
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO Brominated Flame Retardants.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

SECTION 1.  The legislature recognizes that brominated flame retardants have been used extensively in a large number of common household products for the past thirty years.  Studies on animals show that brominated flame retardants can impact the developing brain by affecting behavior and learning after birth and into adulthood.  This makes exposure to brominated flame retardant chemicals by human fetuses and children of particular concern.  Levels of brominated chemical compounds are increasing in humans and in the environment, particularly in North America.  Because people may be exposed to these chemicals through house dust and indoor air as well as through food, it is important to phase out their use in common household products, provided that effective flame retardants that are safer and technically feasible are available at a reasonable cost.

     The purpose of this Act is to prohibit the manufacture and sale of products in Hawaii that contain brominated flame retardants.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

BROMINATED FLAME RETARDANTS

     §   -1  Definitions.  As used in this section:

     "Brominated flame retardant" means any chemical containing the element bromine that is added to plastic, foam, or textile to inhibit flame formation.

     "Congener" means a specific PBDE molecule.

     "DecaBDE" means decabromodiphenyl ether or any technical mixture in which decabromodiphenyl ether is a congener.

     "Department" means the department of health.

     "Director" means the director of health.

     "Flame retardant" means any chemical that is added to a plastic, foam, or textile to inhibit flame formation.

     "Manufacturer" means any person who manufactures a final product containing a regulated brominated flame retardant or any person whose brand-name is affixed to a product containing a regulated brominated flame retardant.

     "Motor vehicle" means every vehicle intended primarily for use and operation on the public highways, and shall include farm tractors and other machinery used in the production, harvesting, and care of farm products.

     "OctaBDE" means octabromodiphenyl ether or any technical mixture in which octabromodiphenyl ether is a congener.

     "PBDE" means polybrominated diphenyl ether.

     "PentaBDE" means pentabromodiphenyl ether or any technical mixture in which a pentabromodiphenyl ether is a congener.

     "Technical mixture" means a PBDE mixture that is sold to a manufacturer.  A technical mixture is named for the predominant congener in the mixture, but is not exclusively made up of that congener.

     §   -2  Prohibition on sales or distribution.  (a)  Beginning July 1, 2011, no person shall offer for sale, distribute for sale, distribute for promotional purposes, or knowingly sell at retail in the State a product containing octaBDE or pentaBDE in a concentration greater than 0.1 percent by weight.

     (b)  Except for inventory purchased prior to July 1, 2009, no person, beginning July 1, 2011, shall manufacture, offer for sale, distribute for sale, or knowingly sell at retail in the State the following products containing decaBDE in a concentration greater than 0.1 percent by weight:

     (1)  A mattress or mattress pad; or

     (2)  Upholstered furniture.

     (c)  Except for inventory purchased prior to July 1, 2009, no person, beginning July 1, 2012,  shall manufacture, offer for sale, distribute for sale, or knowingly sell at retail in the State a television or computer with a plastic housing containing decaBDE in a concentration greater than 0.1 percent by weight.

     (d)  This section shall not apply to:

     (1)  The sale or resale of used products; or

     (2)  Motor vehicles or parts for use on motor vehicles.

     (e)  Beginning July 1, 2011, a manufacturer of a product that contains decaBDE and is prohibited under subsection (b) or (c) of this section shall notify persons that sell or distribute the manufacturer's product in the State of the requirements of this section.

     (g)  A manufacturer shall not replace decaBDE in products offered for sale or distribution in the State, with a chemical that is:

     (1)  Classified as "known to be a human carcinogen" or "reasonably anticipated to be a human carcinogen" in the most recent report on carcinogens by the National Toxicology Program in the United States Department of Health and Human Services;

     (2)  Classified as "carcinogenic to humans" or "likely to be carcinogenic to humans in the United States Environmental Protection Agency's most recent list of chemicals evaluated for carcinogenic potential; or

     (3)  Identified by the United States Environmental Protection Agency as causing birth defects, hormone disruption, or harm to reproduction or development.

     §   -3  Violations; penalties.  (a)  A violation of this chapter is punishable by a civil penalty not to exceed $1,000 for each separate violation in the case of a first offense.  Persons who are repeat violators are liable for a civil penalty not to exceed $5,000 for each subsequent violation.  Each item sold in violation of this chapter shall constitute a separate violation.

     (b)  All penalties received by the department pursuant to this section shall be paid into the general fund of the State.

     §   -4  Certificate of compliance.  (a)  The director may request a manufacturer of upholstered furniture, mattresses, mattress pads, computers, or televisions offered for sale or distributed for sale in this State to provide a certificate of compliance with this chapter with respect to those products.

     (b)  Within thirty days of receipt of the request for a certificate of compliance, a manufacturer shall:

     (1)  Provide the director with a certificate declaring that its product complies with the requirements of this chapter; or

     (2)  Notify persons who sell or distribute in this State a product of the manufacturer's that does not comply with this chapter that sale or distribution of the product is prohibited, and submit to the director a list of the names and addresses of those notified.

     (c)  The director shall consult with retailers and retailer associations in order to assist retailers in complying with the requirements of this chapter.

     §   -5  Rules.  The director shall adopt rules, pursuant to chapter 91, necessary for the purposes of this chapter."

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

Report Title:

Brominated Flame Retardants

 

Description:

Prohibits the sale of products containing brominated flame retardant chemicals.

 

 

 

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