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2005 LAWS OF MARYLAND
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Ch. 522
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(II) PROTECTIVE MEASURES HAVE BEEN TAKEN TO ENSURE THE
HEALTH AND SAFETY OF WORKERS AND CONSUMERS THROUGHOUT THE LIFE OF
THE PRODUCT;
(III) A SYSTEM EXISTS FOR THE PROPER COLLECTION,
TRANSPORTATION, AND PROCESSING OF THE PRODUCT AT THE END OF ITS LIFE;
AND
(IV) 1. A TECHNICALLY FEASIBLE ALTERNATIVE TO THE USE OF
A BFR, INCLUDING PRODUCT REDESIGN AND SUBSTITUTE FLAME RETARDANTS, IS
NOT AVAILABLE AT A COMPARABLE COST; OR
2. THE RISKS TO THE PUBLIC HEALTH AND THE
ENVIRONMENT DIRECTLY POSED BY A TECHNICALLY FEASIBLE AVAILABLE
ALTERNATIVE ARE GREATER THAN THE RISKS POSED BY THE BFR.
(3) AN EXEMPTION GRANTED UNDER THIS SUBSECTION MAY BE;
(I) GRANTED FOR A TERM NOT TO EXCEED 3 YEARS; AND
(II) RENEWED ON WRITTEN APPLICATION IF THE DEPARTMENT
FINDS THAT:
1. THE SPECIFIC USE OF THE BFR CONTINUES TO MEET THE
CRITERIA OF THIS SUBSECTION; AND
2. THE PETITIONER AND OTHER RELEVANT PARTIES HAVE
COMPLIED WITH THE CONDITIONS OF THE ORIGINAL EXEMPTION.
(4) AS REQUIRED BY THE DEPARTMENT, A PERSON RECEIVING AN
EXEMPTION UNDER THIS SUBSECTION SHALL MAINTAIN AND SUBMIT RECORDS
RELATED TO THE USE OF THE BFR.
6-1205.
(A) ON OR BEFORE JANUARY 1, 2006, THE DEPARTMENT SHALL ADOPT
REGULATIONS THAT ESTABLISH A FEE, SUFFICIENT TO COVER THE COSTS TO THE
DEPARTMENT ASSOCIATED WITH THE IMPLEMENTATION OF THIS SUBTITLE, ON THE
SALE OF PRODUCTS CONTAINING BFRS.
(B) THE DEPARTMENT MAY ADOPT REGULATIONS NECESSARY FOR THE
IMPLEMENTATION OF THIS SUBTITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before January 1,
2007, the Department of the Environment shall, in conjunction with interested
parties, review and, subject to § 2-1246 of the State Government Article, jointly
report to the House Environmental Matters Committee and the Senate Education,
Health, and Environmental Affairs Committee on:
(a) The use of brominated flame retardants decabrominated diphenyl ether in
products sold in the State;
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- 3068 -
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