Most industry professionals are aware that a revised set of California Proposition 65 or “Prop. 65” regulations will take effect at the end of the month on August 30, 2018. Prop. 65 is a so-called right-to-know statute that, among other things, requires manufacturers and retailers to provide any California consumer with a “clear and reasonable” warning prior to exposure to a chemical identified on a list developed and maintained by a California agency. The revised Prop. 65 regulations pertain to the standard for providing consumers a “clear and reasonable” warning. The revised regulations can be found here and require warnings containing a greater level of specificity.
The Maine Department of Environmental Protection (“DEP” or “the Department”) recently adopted a new regulation that adds two flame retardants to the State’s “Priority Chemicals” list. The regulation requires that manufacturers and distributers who intentionally add decabromodiphenyl ether (“deca BDE”) or hexabromocylododecane to “Children’s Products” report that activity to the Department no later than August 31, 2017.
Attention distributors, manufacturers, and some retailers of children’s products sold into the State of Maine. The December 18, 2015 deadline to report the intentional use of formaldehyde and certain phthalates in children’s products sold into the State is less than a month away. The Department of Environmental Protection has the authority to bring enforcement actions against those failing to provide the required information by the deadline. More information about the reporting requirements can be found in previous posts published by this blog or by contacting the author directly at firstname.lastname@example.org.