Section 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.