To prohibit the manufacture, processing, or distribution in commerce of pentabrominated diphenyl ethers and octabrominated diphenyl ethers, and for other purposes.

March 30, 2004

Ms. SOLIS (for herself, Ms. DEGETTE, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Energy and Commerce

To prohibit the manufacture, processing, or distribution in commerce of pentabrominated diphenyl ethers and octabrominated diphenyl ethers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Toxic Flame Retardant Prohibition Act'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Chemicals known as brominated flame retardants are widely used throughout the United States. To meet stringent fire standards, manufacturers add brominated flame retardants to a multitude of products, including plastics used in televisions, and foam and textiles used in furniture.

(2) While flame retardants make a valuable contribution to fire safety, it is imperative to understand the potential effects on human health and the environment that their use brings.

(3) Initial studies indicate that pentabrominated diphenyl ethers and octabrominated diphenyl ethers, which are subcategories of brominated flame retardants, disrupt thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities in laboratory animals.

(4) In particular, it is recognized that there is a high level of public concern over scientific findings of certain polybrominated diphenyl ethers in the environment and in human breast milk. Certain polybrominated diphenyl ethers have increased 40-fold in human breast milk since the 1970s. Chemicals found in breast milk are somewhat reflective of the chemicals found throughout the body of those tested, including in a fetus.

(5) The American Academy of Pediatrics strongly recommends breastfeeding despite potential exposure to toxic chemicals, as breast milk helps protect infants against certain diseases and infections. In addition, several studies point to the improvement of cognitive development in children who breastfeed.

(6) The State of California and several countries have phased out products containing pentabrominated diphenyl ethers and octabrominated diphenyl ethers in order to protect human health and the environment.

(7) To improve the end-of-life management of articles made with polybrominated diphenyl ethers, a tracking and labeling system should be incorporated in the manufacturing, processing, and distribution of products containing pentabrominated diphenyl ethers, octabrominated diphenyl ethers, or decabrominated diphenyl ethers.

SEC. 3. PROHIBITION.

(a) Amendment- Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is amended--

(1) by striking `or' at the end of paragraph (3);

(2) by striking the period at the end of paragraph (4) and inserting `; or'; and

(3) by adding at the end the following new paragraph:

`(5) manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than 1 percent of pentabrominated diphenyl ethers or octabrominated diphenyl ethers by mass.'.

(b) Effective Date- The amendments made by subsection (a) shall take effect 2 years after the date of enactment of this Act.

SEC. 4. REGULATION.

Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at the end the following new subsection:

`(f) Polybrominated Diphenyl Ethers-

`(1) Determination and identification of precursors- The Administrator shall determine whether pentabrominated diphenyl ethers or octabrominated diphenyl ethers are formed in the environment as a result of chemical degradation of any other material, and shall identify any such precursors that are found to exist.

`(2) Phase out- If the Administrator identifies any precursor under paragraph (1), the Administrator shall take appropriate actions under this section or section 5 to ensure that products and processes that introduce such precursor into the environment are phased out within 3 years after the date of enactment of this subsection, unless the Administrator finds that to do so would endanger human health and the environment.

`(3) Labeling requirement- Not later than 1 year after the date of enactment of this subsection, the Administrator shall issue regulations requiring any product containing pentabrominated diphenyl ethers, octabrominated diphenyl ethers, or decabrominated diphenyl ethers, that is manufactured 18 months or more after the date of enactment of this subsection to bear a label that meets--

`(A) the requirements of standard ISO 11469, subsection 1043-4, established by the International Organization for Standardization, as in effect on the date of enactment of this subsection, including subsequent revisions thereto that have been certified by the Administrator; or

`(B) alternative requirements that the Administrator certifies convey the same information as is required under subparagraph (A).'.

END