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This entry was published on 2020-04-17
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SECTION 37-0907
Reporting on the use of chemicals
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 9
§ 37-0907. Reporting on the use of chemicals.

1. Reporting of chemical use. No later than twelve months after a
chemical of concern or high-priority chemical appears on the lists
promulgated pursuant to section 37-0905 of this title, every
manufacturer who offers a children's product for sale or distribution in
this state that contains a chemical of concern or a high-priority
chemical shall report such chemical use at or above practical
quantification limits to the department, provided however, that the
department may, through regulation, establish an alternative threshold
for the reporting of trace contaminants.

(a) This report must at a minimum identify the children's product, the
high-priority chemical or chemicals of concern contained in the
children's product and the intended purpose of such chemicals. The
department may also require reporting of the following information:

(i) the amount of such chemical in the children's product; or

(ii) information on the likelihood that the chemical will be released
from the children's product to the environment during the product's life
cycle and the extent to which users of the product are likely to be
exposed to the chemical.

(b) The department is authorized to direct submission of such report
to the interstate chemicals clearinghouse and may otherwise provide for
reciprocal data sharing with other states which require reporting of the
same information.

2. Waiver of reporting. Upon application by a manufacturer, the
commissioner may waive all or part of the reporting requirements under
subdivision one of this section for one or more specified uses of a
high-priority chemical. In making such determination, the commissioner
may consider: (a) if substantially equivalent information is already
publicly available or that the information is not needed for the
purposes of this chapter, (b) similar waivers granted by other states,
and (c) whether the specified use or uses are minor in volume.

3. Fees. The manufacturer shall pay a fee upon submission of a report
of chemical use pursuant to subdivision one of this section or a waiver
request pursuant to subdivision two of this section to cover the
department's reasonable costs in the administration and enforcement of
this title. Exclusive of fines and penalties, the state shall only
recover its actual cost of administration and enforcement.