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This entry was published on 2020-04-17
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SECTION 37-0903
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 9
§ 37-0903. Applicability.

1. New children's products. The provisions of this title shall apply
to chemicals of concern and high-priority chemicals in children's
products sold or distributed as new and does not apply to used
children's products that are sold or distributed for free at secondhand
stores, yard sales, on the internet or donated to charities.

2. Exceptions. (a) The requirements of this title shall not apply to
high priority chemicals used in or for industry or manufacturing,
including chemicals processed or otherwise used in or for industrial or
manufacturing processes and not included in the final product.

(b) Combustion. The requirements of this title shall not apply to
high-priority chemicals generated solely as combustion by-products or
that are present in combustible fuels.

(c) Small business exception. The requirements of this title shall not
apply to children's product manufacturers that employ five persons or
fewer and are independently owned and operated.

(d) Retailers. A retailer is exempt from the requirements of this
title unless that retailer knowingly sells a children's product
containing a high-priority chemical after the effective date of its
prohibition for which that retailer has received notification pursuant
to section 37-0913 of this title.