(1) No later than 180 days after the
effective date of this chapter, the manufacturer of any bedding, childcare
articles, clothing, cosmetics, craft supplies, footwear, games, jewelry and
embellishments, safety seats, occasion supplies, personal accessories, personal
care products, school supplies, or toys, any ofwhich are intended for use by a
child under the age of 12 years andthat contain intentionally-added mercury
shall report to the department the following information:
(a) The name and address of the manufacturer
and the name, address, and phone number of a contact person for the
manufacturer;
(b) A description of
the product or products containing mercury, including the overall size of the
product and/or the component of the product that contains mercury and whether
the product or mercury -containing component of the product, can be placed in
the mouth. (If a reportable item is smaller than 5 centimeters in one
dimension, it is regarded as mouthable.);
(c) The number of items sold or distributed
in Maine or nationally;
(d) The
amount of mercury in the product reported;
(e) The function of mercury in the product
reported; and
(f) Any other
information the manufacturer deems relevant to the reporting of the chemical,
such as relevant independent scientific study on exposure specific to the
amount of chemical present in the finished product reported or product of
similar functionality.
(3) Failure to provide the required
information to the Department by the date required mayresult in enforcement
action consistent with 38 M.R.S.A. § 1699-A.
NOTE: Upon review of information submitted pursuant to
section 4 of this chapter, the commissioner may request that a manufacturer
clarify the submittal, supplement incomplete information or provide additional
information not specified in this chapter if the commissioner determines that
the information is needed for the department to complete its evaluation of the
priority chemical. See department rules, 06-096 CMR 880(5)(D); see also 38
M.R.S.A. §1695(2).
