§ 8–108.02b. Replacement of regulated flame retardants.

A manufacturer shall not replace the penta or octa mixtures of polybrominated diphenyl ethers, the deca mixture of polybrominated diphenyl ethers, Tris(1,3-dichloro-2-propyl) phosphate (chemical abstract service number 13674-87-8), or Tris(2-chloroethyl) phosphate (chemical abstract service number 115-1496-8) in a product prohibited in this subchapter with a chemical that is:

(1) Classified as "known to be a human carcinogen" or "reasonably anticipated to be a human carcinogen" in the most recent report on carcinogens by the National Toxicology Program in the U.S. Department of Health and Human Services;

(2) Classified as "carcinogenic to humans" or "likely to be carcinogenic to humans" in the U.S. Environmental Protection Agency’s most recent list of chemicals evaluated for carcinogenic potential; or

(3) Identified by the U.S. Environmental Protection Agency or the National Institutes of Health as causing birth defects, hormone disruption, neurotoxicity, or harm to reproduction or development.

(Mar. 31, 2011, D.C. Law 18-336, § 3b; as added May 12, 2016, D.C. Law 21-108, § 2(a), 63 DCR 4315.)

Applicability

Section 7012 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-108. Therefore the creation of this section by D.C. Law 21-108 has been implemented.

Applicability of D.C. Law 21-108: Section 3 of D.C. Law 21-108 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).