TO PROTECT CHILDREN FROM THE HEALTH IMPACTS OF TOXIC CHEMICALS IN CHILDREN'S PRODUCTS BY PROHIBITING THE MANUFACTURE AND SALE OF CHILDREN'S PRODUCTS CONTAINING BISPHENOL A, TRIS, OR PHTHALATES; AND BY REQUIRING THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, IN CONSULTATION WITH THE DIVISION OF PUBLIC HEALTH OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO IDENTIFY AND DESIGNATE CHEMICALS OF HIGH CONCERN AND PRIORITY CHEMICALS; AND BY REQUIRING NOTICE AND AN ALTERNATIVES ASSESSMENT BY MANUFACTURERS OF CHILDREN'S PRODUCTS CONTAINING CERTAIN PRIORITY CHEMICALS.
Enacts new Article 24, NC Toxic-Free Kids Act, to GS Chapter 130A to prohibit, beginning July 1, 2014, manufacturers, wholesalers, and retailers from manufacturing, selling, or distributing a children’s product that contains (1) Bisphenol A, (2) Phthalates at more than .10 percent by weight, or (3) TRIS in amounts greater than 50 parts per million in a component. Exempts casual or isolated sales and sales by nonprofits from this prohibition. Defines children’s product, chemical, and additional terms used in the Article. Defines the term chemical of high concern and directs the Department of Environment and Natural Resources (DENR) and the Division of Public Health (Division) in the Department of Health and Human Services to generate a list of such chemicals to be reviewed and revised every three years. Authorizes designation of priority chemicals, which are chemicals of high concern that meet one of the specified conditions, and requires DENR to publish by May 1, 2013, a list of priority chemicals in the North Carolina Register and on the DENR website. Requires a manufacturer of a children’s product that contains a priority chemical to file annual notice with DENR, beginning November 1, 2013. Defines alternative as a substitute process or product that serves a functionally equivalent purpose to a chemical in a children’s product. Provides that an alternatives assessment must identify alternatives that reduce or eliminate the use of and potential for exposure to the chemical and requires each assessment to include certain items and address specified requirements. Sets out a schedule, with various start dates based on the chemical, to require manufacturers to submit alternative assessments to DENR for children’s products. Exempts manufacturers with annual gross sales of less than $5 million from the assessment requirement. Makes the proposed Article 24 effective December 1, 2012.
Directs DENR and the Division to report to the General Assembly by January 1, 2015, on the required notices and alternatives assessments.
Appropriates $100,000 for 2012-13 from an unspecified source to DENR to fund the duties required by this act.
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