Maine DEP rule-making is failing to collect information that would help pregnant women.

Moms and doctors send products out of state for testing,

Say Maine DEP rule-making is failing to collect information that would help pregnant women

Public hearing draws large crowd advocating for right to know about dangerous chemicals in household products

(AUGUSTA) Maine parents, physicians, business owners, fire fighters, and public health professionals are frustrated by the scope of the Maine Department of Environmental Protection’s (DEP) most recent rules for toxic chemicals, calling them “severely limited” and “falling far short of legislative intent”. 

“Maine people are being short-changed on the Kid-Safe Products Act right now,” said Danna Hayes, Director of Public Policy for the Maine Women’s Lobby.  “The Maine DEP has repeatedly done far less than the law intends and allows when it comes to protecting pregnant women and children from exposure to dangerous chemicals.  In some cases the DEP is simply collecting information already available from other states, and in other cases they are ignoring the strongest scientific evidence of harm or exposure.  This pattern means far too many Maine kids are needlessly being put at risk for learning disabilities, reproductive problems, cancer, asthma and allergies.”

An overflow crowd gathered at the State House on Thursday for a public hearing on LD 948, “An Act to Harmonize Maine’s Laws governing Toxic Chemicals in Children’s Products with Those of Other States”.  Representative Sara Gideon (D-Freeport) introduced LD 948, also called “the Healthy Kids Bill” and it has been co-sponsored by both Democrats and Republicans in the House and Senate. 

“This bill offers a simple path forward that will support Maine families and businesses every step of the way,” stated Bettyann Sheats, owner of Finishing Touches Shower Doors in Auburn.  “Phthalates are just one example of chemicals used in everyday products that we know are harmful.  Where are these chemicals used? Are there safer alternatives?  These are straight-forward questions that can and should be answered for the most toxic chemicals in use today.  Maine people and businesses deserve better information than what we’re getting right now.”

Prior to the hearing, proponents of the Healthy Kids Bill held a press conference in the State House at which they boxed up an array of products that would not be covered under the DEP’s recent rule-making.  Products included a rain jacket, a shower curtain, and shoes.  Advocates are sending the products to be tested for cadmium, mercury, arsenic, and chlorine, a component of PVC plastic and a marker for the presence of phthalates (pronounced THAL-eights). 

“At this point it appears that the Maine DEP intends to leave pregnant women in the dark about which products are safe and which contain dangerous phthalates and other toxic chemicals,” said Megan Rice, a mother of two from Belgrade.  “It shouldn’t work this way, but yet here we are.  The chemical industry continues to do a masterful job working from the old tobacco playbook called, “Deny and Delay”.  They commission fake reports to create confusion and doubt; they engage high paid lawyers, lobbyists, and front groups; and they scare businesses and parents into advocating against their own self-interest.  We’re getting these products tested but we’re also asking our elected leaders to stand up for Maine families.”

In May 2014 the DEP adopted rules to collect information on the use of cadmium, mercury, and arsenic in children’s products.  Advocates decried the rules as “symbolism over substance” because most of the information collected is already publicly available from other states.  Children’s products are not considered a major source of exposure to these three chemicals and products impacting pregnant women were not included in the scope of the rule.

And in January of this year, the DEP proposed extensive changes to a citizen-led proposal to name four phthalates as Priority Chemicals under Maine’s Kid-Safe Products Act and require manufacturers to report their use in household products sold in Maine.  In this contentious decision, the DEP proposed limiting phthalate reporting to only those products intended for children under the age of 12.  Everyday products used by teenagers and adults, including pregnant women, would be exempt from the reporting requirement. 

“As a state, we are abdicating our responsibility to protect Maine children and pregnant women from exposure to toxic chemicals right in their homes,” remarked Dr. Lani Graham, a family physician and former chief public health officer for the State of Maine.  “We are asking the Maine Legislature to step up and step in.  Fix the fiasco that is the current phthalates rule and make sure pregnant women don’t get ignored in the future. And get the ball rolling on collecting better information.  Maine parents have a right to know about which products in their homes contain dangerous chemicals and whether safer alternatives are available.”

The Healthy Kids Bill would require the DEP to include products that threaten the health of both children and pregnant women in any rule, including their most recent rule on four phthalates, in accordance with existing state authority.  The bill also requires collecting better information about which products contain dangerous chemicals and if there are safer alternatives to some of the worst chemicals in common products.

Phthalates are commonly used in consumer products found in the home.  They are used in soft vinyl plastics, such as lunch boxes, kids’ backpacks, school supplies, rain jackets, packaging, and flooring. They are also hidden behind the word “fragrance”, where they end up in cosmetics, lotions, and other personal care products.  Theydisrupt testosterone and thyroid hormones, harm the brain and the immune system, and threaten early childhood development and reproductive health.  Human health studies show that exposure causes birth defects of male sex organs, sperm damage, learning and behavior problems, and asthma and allergies.

“Maine parents and pregnant women have a right to know about dangerous chemicals in everyday products,” added Hayes.  “We need to be applying Maine law as it was intended – protecting pregnant women from harm, collecting information on the most dangerous chemicals, and identifying safer alternatives that could prevent these costly and devastating illnesses.”

Maine lawmakers have a history of bipartisan support for policies designed to protect children from exposure to dangerous chemicals.  Maine’s Kid-Safe Products Act was passed almost unanimously in 2008, and has since been supported and updated by wide margins.

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