Regulating chemicals in children's products and granting rule-making authority

Any person who manufactures or distributes a children's product that contains a priority chemical must provide certain information to DATCP about the product and the use of the priority chemical in the product. The bill imposes deadlines for DATCP's initial identification of priority chemicals and for subsequent updates.

The bill requires DATCP to identify safer alternatives to specific uses of priority chemicals in children's products. A safer alternative, under the bill, generally means a product, process, or material that is functionally equivalent to a chemical in a children's product and that has less potential for harm to human health or to the environment. DATCP must promulgate a rule that imposes a reasonable deadline, not to exceed three years, for a manufacturer or distributor to replace a priority chemical used in a children's products. Within 180 days after DATCP promulgates the rule, a manufacturer or distributor must submit to DATCP a plan for replacing the priority chemical in a children's product with a safer alternative.

The bill permits DATCP to promulgate rules that do any of the following: 1) require a manufacturer or distributor to adopt an alternative to the use of a priority chemical in a children's product that is the least toxic or harmful to the environment of the available alternatives; 2) require a manufacturer or distributor to submit a report to DATCP assessing the availability of safer alternatives; or 3) exempt from the bill's disclosure requirements the manufacturer of a product sold in small quantities.

Under the bill, any person may petition DATCP to determine whether a safer alternative exists to a specific use of a priority chemical in a children's product. The bill provides exemptions for all of the following: 1) the use of a priority chemical for industrial or manufacturing purposes; 2) a motor vehicle or component part of a motor vehicle; 3) combustible fuel or a by-product of a combustible fuel; and 4) a retailer of children's products, unless the retailer knowingly sells a children's product that the retailer reasonably should know contains a priority chemical. The bill also authorizes DATCP to grant an exemption for a specific use of a priority chemical in a children's product if DATCP determines there is no safer alternative to the use of the priority chemical.