Bill Text: NJ A3840 | 2010-2011 | Regular Session | Introduced


Bill Title: Restricts sale and manufacture of flame retardant chemical decabromodiphenyl ether in certain products.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-03-07 - Withdrawn from Consideration [A3840 Detail]

Download: New_Jersey-2010-A3840-Introduced.html

ASSEMBLY, No. 3840

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2011

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  CONNIE WAGNER

District 38 (Bergen)

 

 

 

 

SYNOPSIS

     Restricts sale and manufacture of flame retardant chemical decabromodiphenyl ether in certain products.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the flame retardant chemical decabromodiphenyl ether and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1.         The Legislature finds and declares that:

     a.     According to the United States Environmental Protection Agency, polybrominated diphenylethers (PBDEs) are a class of flame retardant chemicals commonly found in a large number of household products, such as plastics, foams, fabrics, and other materials;

     b.    Decabromodiphenyl ether (decaBDE), a type of PBDE, is a major component of commercial formulations used as a flame retardant in plastics for television cabinets, consumer electronics, wire insulation, and back coatings for draperies and upholstery;

     c.     Studies on animals show that PBDEs can impact the developing brain, affecting behavior and learning after birth and into adulthood, making exposure to pregnant women and children a particular concern;

     d.    Levels of PBDEs are increasing in people, and in the environment, particularly in North America, and because people can be exposed to these chemicals through house dust and indoor air, it is important to phase out their use in common household products, provided that effective flame retardants that are safer and technically feasible are available at a reasonable cost; and

     e.     It is therefore in the public interest to prohibit the sale, distribution, and manufacture of the flame retardant decabromodiphenyl ether.

 

     2.    As used in this act:

     "Covered electronic device" means the same as the term is defined pursuant to section 2 of P.L.2007, c.347 (C.13:1E-99.95).

     "Decabromodiphenyl ether" means the chemical mixture predominately composed of decabromodiphenyl ether (decaBDE), and including associated polybrominated diphenylether impurities not intentionally added.

 

     3.    a.   Except as otherwise provided in subsection b. or c. of this section:

     (1)   After December 31 , 2011, no person may sell at retail, offer for sale at retail, or distribute electrical equipment or covered electronic devices containing decabromodiphenyl ether, except if used in transportation equipment.

     (2)   After December 31, 2012, no person may sell at retail, offer for sale at retail, or distribute any product containing decabromodiphenyl ether, except if used for transportation or military purposes.

     (3)   After December 31, 2013, no person may sell at retail, offer for sale at retail, or distribute any product containing decabromodiphenyl ether.

     b.    Paragraphs (1) and (2) of subsection a. of section 3 of this act shall not apply to any used product containing decabromodiphenyl ether sold or distributed by a business, charity, or other private party.

     c.     Notwithstanding the provisions of subsection a. of this section to the contrary, any retailer in possession of a product that is banned from retail sale or distribution pursuant thereto may exhaust existing stock through sales to the public.

 

     4.    After December 31, 2012, no person may manufacture decabromodiphenyl ether or manufacture a product containing decabromodiphenyl ether.

 

     5.    a.   The Division of Consumer Affairs in the Department of Law and Public Safety, in conjunction with the Department of Environmental Protection, shall create a list of alternatives to products containing decabromodiphenyl ether and publish the list by September 1, 2011.  The list shall be made available on the Internet websites of the division and the Department of Environmental Protection. 

     b.    The list established pursuant to subsection a. of this section shall be provided to the Division of Purchase and Property in the Department of the Treasury.  The division and all State entities shall give priority preference to the purchase of equipment, supplies, and other products that do not contain decabromodiphenyl ether.

 

     6.    A violation of paragraph (3) of subsection a. of section 3 of this act or section 4 of this act shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) and shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39.

 

     7.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would prohibit, in phases, the sale, distribution, and manufacture of products containing decabromodiphenyl ether (decaBDE), a flame retardant chemical.

     Under the bill, no person could sell at retail, offer for sale at retail, or distribute:

·        after December 31, 2011, electrical equipment or certain electronic devices, such as computers and televisions, containing decaBDE, except if used in transportation equipment;

·        after December 31, 2012, any product containing decaBDE, except if used for transportation or military purposes; and

·        after December 31, 2013, any product containing decaBDE.

     Also, after December 31, 2012, no person could manufacture decaBDE or manufacture a product with decabromodiphenyl ether.  However, a retailer in possession of products containing decaBDE would be allowed to exhaust existing stock through sales to the public.

     It would be an unlawful practice subject to the penalties under the State's consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.) for any person to: (1) after December 31, 2012, manufacture decaBDE or a product containing decaBDE, or (2) after December 31, 2013, sell at retail, offer for sale at retail, or distribute any product containing decaBDE, unless exhausting existing stock through sales to the public.  Penalties under the consumer fraud act are punishable by a monetary penalty of up to $10,000 for a first offense and up to $20,000 for any subsequent offense.

     The bill would also require the Division of Consumer Affairs, in the Department of Law and Public Safety, and the Department of Environmental Protection to create a list of alternatives to products containing decaBDE and publish the list by September 1, 2011.  The list would be provided to the Division of Purchase and Property in the Department of the Treasury, and the division and all State entities would give priority preference to the purchase of equipment, supplies, and other products that do not contain decaBDE.

     DecaBDE, a type of polybrominated diphenylethers (PBDEs), is a major component of commercial formulations used as a flame retardant in plastics for television cabinets, consumer electronics, wire insulation, and back coatings for draperies and upholstery.  Recently, a number of states have enacted or are considering legislation to ban or restrict the sale, manufacture, and use of products containing certain PBDEs, including decaBDE.

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