US Lawyer Database

§ 37-0915. Enforcement and implementation.
  1.  Failure  to  provide  notice.  A  children's  product containing a
high-priority chemical may not be sold, offered for sale or  distributed
for  sale in this state unless the manufacturer has provided a report to
the department required under section 37-0907 of this title by the  date
required  in  such  section.  The  commissioner  may exempt a children's
product from this prohibition if, in the  commissioner's  judgment,  the
lack   of   availability   of  the  children's  product  could  pose  an
unreasonable risk to public health, safety or welfare.
  2.  Statement  of  compliance.  The   department   may   request   the
manufacturer  of  the  children's  product  to  provide  a  statement of
compliance on a form provided by the department, within fifteen days  of
receipt  of  a  request from the department. The statement of compliance
shall:

(a) attest that the children's product does not contain the high-priority chemical; or

(b) attest that notification required by section 37-0913 of this title has been provided;

(c) attest that the manufacturer has notified persons who sell the product in this state that the sale of the children's product is prohibited;

(d) attest that the presence of a high-priority chemical is only as a trace contaminant; or

(e) attest that the chemical prohibited pursuant to subdivision two of section 37-0909 of this title is only present in an inaccessible component of the children's product.