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.
Two new rules recently adopted by the Maine Department of Environmental Protection (“Maine DEP” or “the Department”) added formaldehyde and phthalates to the State’s list of Priority Chemicals. As of July 26, 2015, the Department now has the legal authority to regulate formaldehyde and four phthalates when they are intentionally added to “Children’s Products.” (Intentionally added chemicals trigger reporting requirements when they can be reliably measured (defined as “Practical Quantification Limit”); chemicals naturally occurring in products must be reported if they exceed 100 parts per million.) The new rules impose reporting requirements (and a one-time reporting fee) on manufacturers and distributors that must be submitted to the Department by December 18, 2015. The Department has been given the authority to bring enforcement actions against those failing to provide the required information on a timely basis.