Today's Law As Amended


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AB-513 PBDE: prohibition.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 108921 of the Health and Safety Code is amended to read:

108921.
 For purposes of this chapter, the following definitions apply:
(a) “OctaBDE” means octabrominated diphenyl ether or any technical mixture in which octabrominated diphenyl ether is a predominate congener.
(b) “PBDE” means polybrominated diphenyl ether.
(c) “PentaBDE” means pentabrominated diphenyl ether or any technical mixture in which pentabrominated diphenyl ether is a predominate congener.
(d) “Congener” means a specific PBDE molecule.
(e) “DecaBDE” means decabromodiphenyl ether.
(e) (f)  “Process” does not include the processing of metallic recyclables containing PBDEs that is conducted in compliance with all applicable federal, state, and local laws.
(f) (g)  “Product” means a product manufactured on or after June 1, 2006.
(g) (h)  “Metallic recyclable” has the same meaning as a metallic discard, as defined in Section 42161 of the Public Resources Code.
(h) (i)  “Recycle” has the same meaning as defined in Section 40180 of the Public Resources Code.
(i) (j)  “Technical mixture” means a PBDE mixture that is sold to a manufacturer. A technical mixture is named for the predominant congener in the mixture, but is not exclusively made up of that congener.

SEC. 2.

 Section 108922 of the Health and Safety Code is amended to read:

108922.
 On (a)   and after June 1, 2006, a person may A person shall  not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1 percent of pentaBDE or octaBDE, by mass,  except for products  a product  containing a  small quantities quantity  of PBDEs that are is  produced or used for scientific research on the health or environmental effects of PBDEs.
(b) (1) On and after January 1, 2011, a person shall not manufacture, process, or distribute in commerce an electronic product, or a flame-retarded part of an electronic product, containing more than one-tenth of 1 percent of decaBDE by mass.
(2) An electronic product containing a small quantity of decaBDE, that is produced or used for scientific research on the health or environmental effects of decaBDE, is exempt from this subdivision.
(3) For purposes of this subdivision, “electronic product” means a television, computer monitor, or other electronic equipment, that is manufactured on or after January 1, 2011. “Electronic product” does not include either of the following:
(A) An automobile, automobile component, or automobile replacement part.
(B) A product that is recycled in accordance with all applicable federal, state, and local laws.
(4) This subdivision shall only be operative if Assembly Bill 48 of the 2007–08 Regular Session is not enacted. If Assembly Bill 48 is enacted, this subdivision shall become inoperative on the date Assembly Bill 48 is enacted.