Maine less competitive in retaining, attracting jobs

By Dana Connors
    I applaud the Legislature and the Governor for putting regulatory reform at the top of the list of things to do in Maine. The time has come to strike a balance between reasonable regulations and moving our economy forward.
    As they consider a wide variety of rules, regulations and laws, we would encourage them to look at one law in particular — a consumer products ban that purports to be about kids, but is in fact a sweeping law jeopardizing Maine jobs—and is unlike virtually any other in the country. The existing law needs to be corrected.
    Passed by the Legislature two years ago, this consumer products ban gives a single state agency — the Maine Department of Environmental Protection — the ability to ban any consumer product sold or manufactured here, products that Maine people use every day. This authority to ban consumer products is unprecedented. How can this be?
    The law states clearly that the definition of “children’s product” in fact means any “consumer product,” defined as any item sold for residential or commercial use including any component parts and packaging that a child may come in contact with. That’s a pretty broad spectrum.
    So, the law allows the DEP to ban all kinds of consumer products including but not limited to cell phones; computers; alcoholic beverages (yes, that’s right, wine, beer and liquor); refrigerators; building and roofing materials; insulation; gasoline; car seats; helmets; cleaning products used in hospitals to disinfect surfaces from deadly viruses; nicotine; soap; toothpaste; bullet proof vests; fishing poles; protective eyewear; solar panels; bicycles; radios; fuel cells; fire hoses; carpets; mattresses; heart valves; prosthetic devices; plastic containers; and, the list goes on!
    It affects thousands of products that have nothing to do with children or children’s toys.
    While the law states that the definition does not include any products regulated by FDA — such as medicines like antibiotics, oral contraceptives, all kinds of medicines used to treat a variety of illnesses, including asthma and breast cancer, aspirin, penicillin and antidepressants — it’s interesting that the items are still on the state’s list of chemicals that DEP can ban.
    Why put them on the list if they can’t be banned?
    In fact, there are more than 1,750 chemicals that may be potentially banned under the existing law impacting the sale, distribution and manufacture of products or services in this state. Those products and services translate into jobs.
    Despite assertions to the contrary, this law is not just about children, children’s toys and the environment; it goes far beyond that. Proponents of the law are trying to convince the public at large that this is necessary to “protect the health and welfare of children.”
    We agree with protecting the health and welfare of children. The bottom line is the law was written so broadly that it captures many more products than children’s toys, and we think it needs to be corrected. We all want to protect kids, but let’s be sure our laws do it responsibly, and not put critical jobs at risk. Bans on products need to be based on sound science and risk assessment, not “intuition.”
    Since mid–December 2010, more than 1,000 business leaders from the state contributed their suggestions on regulatory reform at the Governor’s “red tape” audit removal meetings that were hosted by 30 local/regional chambers around the state.
    This issue is not about choosing among kids, the economy, or the environment. This is about choosing all of the above. It’s about finding balance. Maine needs to position its self to strengthen the companies that provide critical jobs and create opportunities for new companies to emerge and startup.
    We cannot afford as a state to stifle investment, technology and jobs by eliminating consumer products from the market because special interests feel it is “the right thing to do” without basing it on solid science.
    Having a list such as this presents a huge red flag to any company looking to expand or to locate in this state.
    Lastly, I am a parent and many of the companies the Maine State Chamber represents are composed of working parents either managing companies, working at them, or business owners with children as well.
    We all want the best for our children and are concerned, like any parent, for their health and well-being. However, this law goes way too far. It doesn’t make sense, and together we can make it better.
    I encourage the Legislature and the Governor LePage to do what’s right for Maine people, kids and the economy. Lawmakers have a perfect opportunity to correct this law now. We need balance in the state and a strong economy, not regulations that put companies out of business.
    Dana Connors of Gray is president Maine State Chamber of Commerce.