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SECTION 37-0901
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 9
§ 37-0901. Definitions.

As used in this title, unless the context otherwise indicates, the
following terms have the following meanings.

1. "Children's apparel" means any item of clothing that consists of
fabric or related material intended or promoted for use in children's
clothing. Children's apparel does not mean protective equipment designed
to prevent injury, including, but not limited to, bicycle helmets,
athletic supporters, knee pads or elbow pads.

2. "Chemical" means a substance with a distinct molecular composition
or a group of structurally related substances and includes the breakdown
products of the substance or substances that form through decomposition,
degradation or metabolism.

3. " Chemical of concern" means a chemical identified by the
department by rule pursuant to subdivision one of section 37-0905 of
this title.

4. "Children" means a person or persons aged twelve and under.

5. "Children's product" means a consumer product primarily intended
for, made for or marketed for use by children, such as baby products,
toys, car seats, school supplies, personal care products as defined in
section 37-0117 of this article, a product designed or intended by the
manufacturer to help a child with sucking or teething, to facilitate
sleep, relaxation, or the feeding of a child, and children's novelty
products, children's jewelry as defined in section 37-0115 of this
article, children's bedding, furniture, furnishings, and apparel.
"Children's product" does not include (a) batteries; (b) consumer
electronic products and their component parts including but not limited
to personal computers, audio and video equipment, calculators, wireless
phones, game consoles, video toys that can be connected to a video
screen and are operated at a nominal voltage exceeding twenty-four volts
and handheld devices incorporating a video screen, used to access
interactive software and their associated peripherals, accessories and
peripherals to children's electronic products including plugs, keyboards
and headphones, interactive software, intended for leisure and
entertainment, such as computer games, and their storage media, such as
compact disks; or (c) sporting equipment including bicycles and
tricycles, skis, snow boards, sleds, and roller skates; and hunting and
fishing equipment or components thereof; (d) science kits including
chemistry sets and model rockets; (e) toy engines and sets of darts with
metallic points; (f) motor vehicles or their component parts, watercraft
or their component parts, all-terrain vehicles or their component parts,
or off-highway motorcycles or their component parts.

6. "Consumer product" means any product that is regularly used or
purchased to be used for personal, family or household purposes.
Consumer product shall not mean: (a) a food or beverage or an additive
to a food or beverage regulated by the United States Food and Drug
Administration; or (b) a drug, biologic or medical device regulated by
the United States Food and Drug Administration.

7. "Distributor" means a person who sells children's products to
retail establishments on a wholesale basis.

8. "Manufacturer" means any person who currently manufactures a
children's product or whose brand name is affixed to the children's
product. In the case of a children's product that was imported into the
United States, "manufacturer" includes the importer or first domestic
distributor of the children's product if the person who currently
manufactures or assembles the children's product or whose brand name is
affixed to the children's product does not have a presence in the United

9. "Practical quantification limit" means the lowest level that can be
reliably achieved within specified limits of precision and accuracy
during routine laboratory operating conditions.

10. "High-priority chemical" means (a) a chemical designated pursuant
to paragraph (a) of subdivision two of section 37-0905 of this title;

(b) a chemical adopted by the department pursuant to paragraph (b) of
subdivision two of section 37-0905 of this title.

11. "Intentionally added chemical" means a chemical in a product that
serves an intended function in the product component.

12. "Toy" means a product designed or intended by the manufacturer to
be used by children at play.

13. "Trace contaminant" means a trace amount of a chemical or
chemicals that is incidental to manufacturing, including an unintended
by-product of chemical reactions during the manufacture of the
children's product, a trace impurity in feed-stock, an incompletely
reacted chemical mixture, or a degradation product.

14. "Very persistent" means having a half-life greater than or equal
to one of the following: (a) a half-life in soil or sediment of greater
than one hundred eighty days; (b) a half-life greater than or equal to
sixty days in water or evidence of long-range transport.

15. "Very bioaccumulative" means having a bioconcentration factor or
bioaccumulation factor greater than or equal to five thousand, or if
neither are available, having a log Kow greater than 5.0.