The Maine Department of Environmental Protection has adopted Chapter 889 for designating decabromodiphenyl ether (decaBDE) and hexabromocyclododecane (HBCD) as priority chemicals of certain children’s products. The rule have been effective from 4 March 2017.

No later than 31 August 2017, manufacturers of listed children’s products that are for sale in the state of Maine and contain intentionally-added decaBDE and / or HBCD shall report to the Department the required information. If the sale of the regulated children’s product does not commence until after the 180-day reporting period ends, manufactures must report within 30 days of the sale of the children’s product within the State of Maine.

Children’s products to be regulated by Chapter 889 include:

1. Child care articles
2. Children’s sleepwear
3. Children’s toys
4. Children’s clothing
5. Children’s footwear
6. Electronic devices
7. Household furniture and furnishings
8. Mattresses
9. Mattress pads

Exempted products are:

1. Used products.
2. Food and beverage packaging, unless those which are intentionally marketed or intended for use by children under two years of age.
3. Transportation, except detachable car seats.

Reporting requirements

Manufacturers of the listed children’s products that contain intentionally added amounts of decaBDE and/or HBCD shall report the following information to the department:

1. Name and address of manufacturer; and name, address and phone number of the contact person for the manufacturer;
2. Description of the manufacturer’s product(s) containing decaBDE and/or HBCD, including:
   • Overall size of the product(s) and / or product components containing the flame retardants;
   • Whether the product(s) or components containing the flame retardants can be placed in the mouth(if a reportable item is smaller than 5 centimeters in one dimension, it is regarded as mouthable);
3. Amount of decaBDE and/or HBCD in each unit of reported product;
4. Function of decaBDE and/or HBCD in the reported product;
5. Number of product units sold or distributed in Maine or nationally;
6. Any other relevant information. 

Until now, the priority chemicals are as below: 

• Bisphenol A (BPA) 
• Nonylphenol/Nonylphenol ethoxylates (NP/NPEO) 
• Cadmium  
• Mercury 
• Arsenic 
• Phthalates (DEHP, DBP, BBP, and DEP)  
• Formaldehyde
• deca BDE/HBCD

Intertek kindly remind children products enterprises, it is important for them to keep track of the latest regulatory requirements and make timely adjustment to their market strategy to stay competitive in the marketplace. Intertek, through our extensive global network, has a variety of services available to help you overcome the challenges related to complying with the new rule.

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