An Act relative to toxic-free kids
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 195) of Joanne M. Comerford, Cindy F. Friedman, Mark C. Montigny, Adam Gomez and other members of the Senate for legislation to eliminate harmful chemicals from children's products. Consumer Protection and Professional Licensure.
Young children are particularly vulnerable to chemical exposures, including an increased risk of the development of cancer and other disabling health conditions. My bill requires the Department of Environmental Protection and the Toxic Use Reduction Institute to create a list of toxic chemicals to be prohibited in any children’s product, and it establishes processes to ensure that manufacturers report on and remove certain toxic chemicals from their children’s products. The bill also bans PFAS from being intentionally added to any children’s products, ensuring that children are safe from these toxic, forever chemicals.
Section-by-section summary:
Section 1(a): Defines relevant language for the bill.
Section 1(b): Prohibits manufacturers, wholesalers, and retailers from knowingly selling or distributing children’s products with intentionally added PFAS at a level determined by the department of environmental protection (DEP).
Section 1(c-d): Requires DEP, in consultation with the Toxic Use Reduction Institute (TURI), to create and publish a list of toxic chemicals of concern. Lists the classifications that authoritative bodies or scientific evidence can use to identify chemicals of concern. Provides reference lists for DEP to use when developing the chemicals of concern list. Requires DEP to update the list at least once every three years.
Section 1(e-f): Allows DEP, when including a class of chemicals on the list, to exclude certain specific members of the class of chemicals if they do not share the same hazards as other members of the class. Requires DEP to consider guidance developed by other applicable organizations when establishing the limits for chemicals or classes on the list as referenced in subsection (b).
Section 1(g-h): Requires all manufacturers of children’s products to biennially notify DEP in writing if their products contain more than the designated levels of chemicals. Requires any products that contain engineered nano-objects to be reported, regardless of chemical amounts.
Section 1(i): Requires manufacturers to remove or substitute chemicals after not less than three years if the products are mouthable, children’s personal care or cosmetic, or made for and/or marketed to children under three years. Allows manufacturers with fewer than 25 employees to apply for a two-year extension of the three-year requirement and allows DEP to create additional exemptions to the three-year requirement. Sets federally established allowable levels as the maximum allowable level of chemicals in products.
Section 1(j): Tasks DEP and TURI with maintaining and publishing a list of high-priority chemicals on their website. Lists the characteristics that allow a chemical to be classified as high-priority and allows DEP to remove chemicals as needed. Requires manufacturers to notify distributors of a product, not later than 180 days after the chemical is added to the list, that their product contains this chemical. Prohibits distribution or sale of a product containing a high-priority chemical after three years of the publishing of this list. Requires DEP to update the list at least once every three years.
Section 1(k): Allows DEP to publish a safe alternatives list to the chemicals of concern (c) and the high-priority chemicals lists (j). Allows manufacturers to either eliminate the chemicals of concern or high-priority chemicals from their products or substitute them with chemicals on the safe alternatives list. Prohibits manufacturers from replacing chemicals of concern with any other identified chemical of concern.
Section 1(l): Requires manufacturers to notify and provide a hazard assessment to DEP when substituting a harmful chemical with a chemical that is not on the safer alternatives list. Tasks DEP with approving or disproving this assessment within 180 days, establishing a default approval if no response is given within 180 days. Allows manufacturers to submit revisions within 180 days of a disapproval.
Section 1(m-o): Allows DEP to assign an incomplete hazard assessment to another party. Hazard assessments are valid for three years, after which manufacturers must submit updated assessments. Allows DEP to grant waivers to manufacturers upon request if manufacturers can demonstrate that the chemical in question is not likely to result in exposure to users.
Section 1(p): Allows DEP to conduct testing of any children’s products.
Section 1(q): Requires manufacturers to pay fees when submitting reports of chemical use under subsection (g) and when submitting a waiver request under subsection (o). Allows DEP to create a fee schedule to recover actual costs.
Section 1(r): Applies the entirety of Section 1 to only the chemicals in new children’s products - not to used or secondhand products.
Section 1(s-u): Requires manufacturers to recall and reimburse retailers for products prohibited by this bill and establishes civil penalties for violations. Allows DEP to request a statement of compliance from a manufacturer if there are grounds to suspect potential violations. Establishes that retailers who unknowingly sell prohibited products are exempted from liability.
Section 1(v-w): Requires DEP to submit reports every three years to state leadership detailing policy recommendations, challenges, updated lists, etc. Allows DEP to promulgate any necessary regulations for the implementation and enforcement of this bill including funding and staffing.
Section 2: Tasks DEP, in consultation with TURI, with promulgating regulations to implement this bill within one year of the effective bill date.
Section 3: Tasks DEP and TURI with publishing the initial list of chemicals of concern within one year of the effective bill date.
Section 4: Tasks DEP and TURI with publishing the initial list of high-priority chemicals and the corresponding safer alternative chemicals list within three years of the effective bill date.
Section 5: Tasks DEP and TURI with submitting its first report to state leadership within three years of the effective bill date.
* The bill summary was created by the Primary Sponsor of the bill; no committee of the General Court certifies the accuracy of its contents.
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