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SECTION 37-0915
Enforcement and implementation
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 9
§ 37-0915. Enforcement and implementation.

1. Failure to provide notice. A children's product containing a
high-priority chemical may not be sold, offered for sale or distributed
for sale in this state unless the manufacturer has provided a report to
the department required under section 37-0907 of this title by the date
required in such section. 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. Statement of compliance. The department may request the
manufacturer of the children's product to provide a statement of
compliance on a form provided by the department, within fifteen days of
receipt of a request from the department. The statement of compliance

(a) attest that the children's product does not contain the
high-priority chemical; or

(b) attest that notification required by section 37-0913 of this title
has been provided;

(c) attest that the manufacturer has notified persons who sell the
product in this state that the sale of the children's product is

(d) attest that the presence of a high-priority chemical is only as a
trace contaminant; or

(e) attest that the chemical prohibited pursuant to subdivision two of
section 37-0909 of this title is only present in an inaccessible
component of the children's product.