§ 37-0111. Prohibition against brominated flame retardants.

1. Manufacture, process, or distribution of brominated flame
retardants. (a) No person shall manufacture, process or distribute in
commerce a product, or a flame-retardant part of a product, containing
more than one-tenth of one per centum of pentabrominated diphenyl ether
or octabrominated diphenyl ether, by mass.

(b) The commissioner may waive the provisions of this section in whole
or in part upon a finding by the commissioner, in consultation with the
commissioners of health and labor in a particular instance that there is
no significant threat to the public health.

2. Administration. (a) The commissioner is hereby authorized and
directed to prescribe such rules and regulations, including provisions
for maintenance of records relating to products, fabrics or related
materials, and for the labeling for a product, fabric or related
material, as may be necessary and proper for purposes of administration
and enforcement of this article.

(b) The commissioner is hereby empowered to order the recall of or
confiscation of consumer products offered for sale which do not meet the
standards set forth in or pursuant to this section.

(c) The commissioner may obtain from any person by regulation or
subpoena issued pursuant thereto such information in the form of
testimony, books, records, or other writings as is pertinent to the
findings or determinations which he or she is required or authorized to
make pursuant to this section.

All information reported to or otherwise obtained by the commissioner
or his or her representative pursuant to this section which information
contains or relates to a trade secret shall be considered confidential,
except that such information may be disclosed to other officers or
employees concerned with carrying out this section or when relevant in
any proceeding under this section.

3. Guaranty. (a) No person shall be subject to prosecution under this
section if such person: (1) establishes a guaranty received in good
faith signed by and containing the name and address of the person
residing in the United States by whom the product, fabric or related
material guaranteed was manufactured or from whom it was received, to
the effect that reasonable and representative tests showing that the
product, fabric or related material covered by the guaranty, or used in
the product, fabric or related material covered by the guaranty meets
the requirements of this section; and (2) has not, by further
processing, affected the flammability of the product, fabric or related
material covered by the guaranty which he or she received. Such guaranty
shall be either: (A) a separate guaranty specifically designating the
product, fabric or related material guaranteed, in which case it may be
on the invoice or other paper relating to such product, fabric or
related material; or (B) a continuing guaranty filed with the department
or with the federal trade commission applicable to any product, fabric
or related material handled by a guarantor, in such form as the
department or the federal trade commission by rules or regulations may
prescribe; or (C) a continuing guaranty given by seller to buyer
applicable to any product, fabric or related material sold or to be sold
to buyer by seller in a form as the department or the federal trade
commission by rules or regulations may prescribe.

(b) The furnishing with respect to any product, fabric or related
material, of a false guaranty, except by a person relying upon a
guaranty to the same effect received in good faith and signed by and
containing the name and address of the person residing in the United
States by whom the product, fabric or related material guaranteed was
manufactured or from whom it was received, with reason to believe the
product, fabric or related material falsely guaranteed may be
introduced, sold or transported in commerce, is unlawful.

4. Exclusions. (a) The provisions of this section shall not apply to
any common carrier, contract carrier or freight forwarder with respect
to a product, fabric or related material shipped or delivered for
shipment through the state for commerce in another state or country.

(b) As used in this section, "distribute in commerce" shall not
include the resale of products manufactured prior to January first, two
thousand six or replacement parts manufactured prior to January first,
two thousand six.

5. Violations. A violation of any provision of this section or any
rule or regulation of the commissioner promulgated hereunder is a
misdemeanor. Each product, fabric or related material made, sold or
exposed for sale, shall constitute a separate violation.

6. Severability. The provisions of this section shall be severable and
and if any portion thereof or the applicability thereof to any person or
circumstances shall be held to be invalid, the remainder of this title
and the application thereof shall not be affected thereby.