(1) As used in this subpart:

    (a) "Department" means the department of environmental quality.

    (b) "Octa-BDE" means octabromodiphenyl ether.

    (c) "PBDE" means polybrominated diphenyl ether.

    (d) "Penta-BDE" means pentabromodiphenyl ether.

    (2) This subpart may be cited as the "Mary Beth Doyle PBDE act".

    (1) Beginning June 1, 2006, a person shall not manufacture, process, or distribute a product or material that contains more than 1/10 of 1% of penta-BDE.

    (2) This section does not apply to either of the following:

    (a) Original equipment manufacturer replacement parts.

    (b) The processing of recyclables containing penta-BDE in compliance with applicable federal, state, and local laws.

    (1) Beginning June 1, 2006, a person shall not manufacture, process, or distribute a product or material that contains more than 1/10 of 1% of octa-BDE.

    (2) This section does not apply to original equipment manufacturer replacement service parts or the processing of recyclables containing octa-BDE in compliance with applicable federal, state, and local laws.

    The department may establish a PBDE advisory committee to assist the department in determining the risk posed by the release of PBDEs, other than penta-BDE or octa-BDE, to human health and the environment. The department may use existing programs to monitor the presence of PBDEs in the state's environment to determine exposure and risk. If new scientific information gathered by the advisory committee indicates a significant risk to human health and the environment in the state, the advisory committee shall inform the department of risk or risks and, if the department concurs, the department shall advise the legislature of the risk. Nothing in this section shall preclude the department from issuing recommendations to the legislature independent of any actions of the advisory committee.

    A person who violates this subpart is guilty of a misdemeanor punishable by a fine of not less than $2,500.00 or more than $25,000.00. Each day that a violation of this subpart continues shall be considered a separate violation.