37-1013 – Severability.
§ 37-1013. Severability. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof […]
37-0901 – Definitions.
§ 37-0901. Definitions. As used in this title, unless the context otherwise indicates, the following terms have the following meanings. 1. “Children’s apparel” means any item of clothing that consists of fabric or related material intended or promoted for use in children’s clothing. Children’s apparel does not mean protective equipment designed to prevent injury, including, […]
37-0903 – Applicability.
§ 37-0903. Applicability. 1. New children’s products. The provisions of this title shall apply to chemicals of concern and high-priority chemicals in children’s products sold or distributed as new and does not apply to used children’s products that are sold or distributed for free at secondhand stores, yard sales, on the internet or donated to […]
37-0905 – Chemicals of Concern and High-Priority Chemicals.
§ 37-0905. Chemicals of concern and high-priority chemicals. 1. Chemicals of concern. (a) Within two years of the effective date of this title, the department, in consultation with the department of health, shall promulgate a list of chemicals of concern. A chemical may be listed as a chemical of concern if it has been identified […]
37-0907 – Reporting on the Use of Chemicals.
§ 37-0907. Reporting on the use of chemicals. 1. Reporting of chemical use. No later than twelve months after a chemical of concern or high-priority chemical appears on the lists promulgated pursuant to section 37-0905 of this title, every manufacturer who offers a children’s product for sale or distribution in this state that contains a […]
37-0909 – Sales Prohibition.
§ 37-0909. Sales prohibition. 1. Effective January first, two thousand twenty-three, no person shall distribute, sell or offer for sale in this state a children’s product in which tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8), benzene (CAS 71-43-2),, or asbestos (CAS 1332-21-4) is intentionally added. This provision shall not apply: (a) to a children’s product […]
37-0911 – Children’s Product Safety Council; Established.
§ 37-0911. Children’s product safety council; established. 1. There shall be established, within the department, the children’s product safety council. Such council shall be composed of ten members as follows: (a) the commissioner, or the commissioner’s designee, who shall be the chair of the council; (b) the commissioner of health or his or her designee; […]
37-0703 – Definitions.
§ 37-0703. Definitions. As used in this title: 1. “Child care product” means a consumer product intended for use by children under three years of age, such as baby products, toys, car seats, nursing pillows, crib mattresses, and strollers. 2. “TRIS” shall include TCEP (TRIS (2-chloroethyl) phosphate) and TDCPP (TRIS (1,3-dichloro-2-propyl) phosphate).
37-0705 – Child Care Products.
§ 37-0705. Child care products. 1. Beginning December first, two thousand thirteen, no person, firm, partnership, association, limited liability company or corporation shall sell or offer for sale any child care product intended for use by a child three years of age or younger containing TRIS. 2. The provisions of this section shall not apply […]
37-0707 – Preemption.
§ 37-0707. Preemption. Jurisdiction in all matters pertaining to TRIS which are regulated pursuant to the provisions of this title shall be vested exclusively in the state.