In accordance with the requirements of this section, the department shall publish and may revise a list of no more than 10 food contact chemicals of high concern.

1. 1. Criteria A chemical may be included on the list under this section only if:

   1. A. The chemical is included on the list of chemicals of concern published by the department in accordance with Title 38, section 1693 or the chemical has been identified by an authoritative governmental entity on the basis of credible scientific evidence as being:

      1. (1) A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor;
      2. (2) Persistent, bioaccumulative and toxic; or

      3. (3) Very persistent and very bioaccumulative;

         [PL 2019, c. 277, §8 (NEW).]

   2. B. The department determines that there is strong credible scientific evidence that the chemical is a reproductive or developmental toxicant, endocrine disruptor or human carcinogen; and

      [PL 2019, c. 277, §8 (NEW).]

   3. C. The department determines that there is strong credible scientific evidence that the chemical meets one or more of the following additional criteria:

      1. (1) The chemical has been found through biomonitoring studies to be present in human blood, human breast milk, human urine or other human bodily tissues or fluids;
      2. (2) The chemical has been found through sampling and analysis to be present in a food or beverage product; or

      3. (3) The chemical has been added to or is present in a food package.

         [PL 2019, c. 277, §8 (NEW).]

   [PL 2019, c. 277, §8 (NEW).]

2. 2. Revisions The commissioner shall review the list published pursuant to this section at least every 3 years and shall remove from the list any food contact chemical of high concern that has been designated as a priority food contact chemical pursuant to section 1743 or that no longer meets the criteria of subsection 1. The commissioner may add to the list additional food contact chemicals of high concern that meet the criteria of subsection 1, except that the list under this section may not at any one time include more than 10 food contact chemicals of high concern.

   [PL 2019, c. 277, §8 (NEW).]

PL 2019, c. 277, §8 (NEW).