District of Columbia Official Code 2001 Edition.

Division I. Government of District.

Title 8. Environmental and Animal Control and Protection.

Subtitle A. Environmental Control and Protection.

Chapter 1. Environmental Controls.

Subchapter IV-A. Restrictions on Bisphenol-A, Polybrominated Diphenyl Ethers, and Perchloroethylene.

§ 8-108.01. Restrictions on bisphenol-A.

Current through October 23, 2012

(a) Except as provided in subsection (b) of this section, no individual or legal entity shall manufacture, sell, offer for sale, or distribute in commerce any empty bottle, cup, or other container that:

(1) Contains bisphenol-A; and

(2) Is designed or intended by the manufacturer to be filled with food or liquid for consumption by a child under the age of 4.

(b) Facilities licensed to provide medical care may use Food and Drug Administration-approved, medically essential products containing bisphenol-A if a suitable alternative is unavailable.

                
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(Mar. 31, 2011, D.C. Law 18-336, § 2, 58 DCR 605.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

Law 18-336, the "Human and Environmental Health Protection Act of 2010", was introduced in Council and assigned Bill No. 18-521, which was referred to the Committee on Government Operations and the Environment. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on January 12, 2011, it was assigned Act No. 18-680 and transmitted to both Houses of Congress for its review. D.C. Law 18- 336 became effective on March 31, 2011.

Delegation of Authority

Delegation of Authority under D.C. Law 18-336, to the Director of the District Department of the Environment under the Human and Environmental Health Protection Act of 2010, see Mayor's Order 2011-153, September 7, 2011 (58 DCR 8091).

Miscellaneous Notes

Section 8 of D.C. Law 18-336 provides:

"Sec. 8. Applicability.

"This act shall apply as of July 1, 2011."

§ 8-108.02. Prohibitions on polybrominated diphenyl ethers.

Current through October 23, 2012 Back to Top

(a) No person or legal entity shall manufacture, sell, offer for sale, or distribute any product containing the penta or octa mixtures of polybrominated diphenyl ethers; provided, that subsection (a) of this section shall not apply to original equipment manufacturer replacement parts or equipment for vehicles manufactured prior to March 31, 20011, or to used vehicles.

(b) Except as provided in subsection (c) of this section, after January 1, 2013, no person or legal entity shall manufacture, sell, offer for sale, or distribute any of the following products:

(1) A mattress or mattress pad that contains the deca mixture of polybrominated diphenyl ethers ("Deca-BDE");

(2) Upholstered furniture intended for indoor use in a home or other residential occupancy that contains Deca-BDE; or

(3) A television, monitor, or computer that has a plastic housing that contains Deca-BDE.

(1) Transportation vehicles or products or parts for use in transportation vehicles or transportation equipment;

(2) Products or equipment used in industrial or manufacturing processes;

(3) Products for use in a medical context, including a hospital, treatment facility, or nursing home; or

(4) Electronic wiring and cable used for power transmission.

(d) After January 1, 2014, no person or legal entity shall manufacture, sell, offer for sale, or distribute any product containing Deca-BDE; provided, that this section shall not apply to the following:

(1) A retailer that is in possession of a product prohibited for manufacture, lease, sale, or distribution for sale or lease under subsections (b) and (c) of this section from selling, recycling, or otherwise disposing of a product that is in the retailer's or lessor's inventory on or after the date that the prohibition takes effect;

(2) A person or legal entity from recycling a product that contains Deca-BDE;

(3) A person or legal entity from selling, leasing, recycling, or otherwise disposing of a product that contains recycled Deca-BDE;

(4) Any activity involving a product that contains Deca-BDE that occurs subsequent to the 1st sale at retail;

(5) Products for use in a medical context, including a hospital, treatment facility, or nursing home if a suitable substitute is not available;

(6) Vehicles manufactured prior to model year 2016, replacement parts or equipment for vehicles manufactured prior to model year 2016, or used vehicles; or

(7) Vehicles, replacements parts or replacement equipment for vehicles manufactured during or after model year 2016 if the use of a Deca-BDE-free alternative would create a substantial and unreasonable hardship for manufacturers or consumers.

                
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(Mar. 31, 2011, D.C. Law 18-336, § 3, 58 DCR 605.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 18-336, see notes under § 8-108.01.

§ 8-108.03. Phase out of perchloroethylene in dry cleaning.

Current through October 23, 2012 Back to Top

(a) After January 1, 2014, no person or legal entity shall install a machine designed to use perchloroethylene as a cleaning agent for clothes or other fabrics.

(b) After January 1, 2029, no person or legal entity shall use perchloroethlyene as a cleaning agent for clothes or other fabrics.

                
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(Mar. 31, 2011, D.C. Law 18-336, § 4, 58 DCR 605.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 18-336, see notes under § 8-108.01.

§ 8-108.04. Penalties.

Current through October 23, 2012 Back to Top

(a) A violation of this subchapter shall be a civil infraction for purposes of Chapter 18 of Title 2. Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this subchapter, or the rules issued under authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2. This section shall not limit the enforcement of subchapter IV of this chapter.

(b) Pursuant to § 8-108.05, the Mayor shall issue rules to implement the provisions of this section 90 days after March 31, 2011.

                
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(Mar. 31, 2011, D.C. Law 18-336, § 5, 58 DCR 605.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 18-336, see notes under § 8-108.01.

§ 8-108.05. Rules.

Current through October 23, 2012 Back to Top

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.

                
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(Mar. 31, 2011, D.C. Law 18-336, § 6, 58 DCR 605.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 18-336, see notes under § 8-108.01.