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SECTION 37-0909
Sales prohibition
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 9
§ 37-0909. Sales prohibition.

1. Effective January first, two thousand twenty-three, no person shall
distribute, sell or offer for sale in this state a children's product in
which tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8), benzene
(CAS 71-43-2),, or asbestos (CAS 1332-21-4) is intentionally added.
This provision shall not apply: (a) to a children's product solely based
on its containing an enclosed battery or enclosed electronic components;
(b) where state regulation of children's products is preempted by
federal law; (c) where the chemical is present as a trace contaminant;
or (d) to an inaccessible component of a children's product that during
reasonable, foreseeable use and abuse of the product would not come into
direct contact with a child's skin or mouth, as determined by the
department. The commissioner may exempt a children's product from this
prohibition if, in the commissioner's judgment, the lack of availability
of the children's product could pose an unreasonable risk to public
health, safety or welfare.

2. (a) To the extent allowed by federal law, the department may, by
regulation, prohibit the distribution, sale, or offer for sale in this
state of a children's product that contains a chemical added to the
high-priority chemicals list pursuant to section 37-0905 of this title,
or a chemical recommended for prohibition by the children's product
safety council pursuant to paragraph (b) of subdivision five of section
37-0911 of this title.

(b) In developing rules to prohibit a chemical pursuant to this
subdivision, the department shall rely on credible scientific evidence
and consider information relevant to the hazards based on the
quantitative extent of potential exposures to the chemical under its
intended or reasonably anticipated conditions of use.