§ 8–108.02. Prohibitions on polybrominated diphenyl ethers.
*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*
(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, 2011, 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.
(c) The restrictions in subsection (b) of this section shall not apply to the following products containing 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.
(e)(1) The Mayor may create or adjust a de minimis exemption for products affected by this section, if feasibility or undue hardship on manufacturing justifies such action. The Mayor may also exempt products from this section for as long as feasibility or undue hardship justifies the exemption.
(2) There shall be a de minimis exemption for the sale of products containing 0.1% or less by mass of penta mixtures of polybrominated diphenyl ethers due to the presence of recycled raw materials.