New York State Postpones Ban on Harmful Flame Retardant in Consumer Products

February 28, 2022

orig test tubes with chemical samples in a jar

Flame retardants (FRs) are a class of chemicals added to furniture, electronics, and building materials intended to help prevent fires. However, many flame retardants are associated with adverse health effects including negative impacts on the immune system, infertility, cancer, and adverse effects on fetal and child development. Also, flame retardant chemicals are difficult to break down, meaning they can remain persistent for years in the environment or a home.

On January 24, 2022, the governor of New York State signed Senate Bill S7737 (companion A8723) into law to amend Title 10 to Article 37 of the Environmental Conservation Law, in relation to the regulation of chemicals in upholstered furniture, mattresses and electronic enclosures as previously proposed in Senate Bill S4630B/A5418B.

Regarding electronic displays, this revision contains several important changes summarized as below:

Clarifies that ‘organohalogen flame retardant chemical’ means a chemical containing at least one carbon-halogen bond and resists or inhibits the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire.
Limits the scope of flame retardants to organohalogens in item 1 to Table below.
Pushes back the effective date to Dec. 1, 2024, for item 2 in Table below.
Requires manufacturers to provide written compliance certifications to sellers and to the Department of Environmental Conservation (DEC).
Shields sellers and custom upholsterers from liability if they reasonably rely on a manufacturer's signed Certificate of Compliance (CoC).

FLAME RETARDANT (FR)	SCOPE	REQUIREMENT	EFFECTIVE DATE
Organohalogens	Enclosures or stands in electronic displays	Products are prohibited to be sold unless manufacturer/importer has submitted an annual report identifying all organohalogen flame retardant chemicals used in the product’s enclosure or stand.	Dec 31, 2022
Organohalogens	Enclosures or stands in electronic displays	Prohibited if intentionally added, or if the FR concentration is equal to or greater than the level set by DEC (individually and sum).	Dec 1, 2024

Since the European Union has already adopted Regulation (EU) 2019/2021 to ban halogenated flame retardants in enclosure and stand of electronic displays, SGS recommends relevant manufacturers of electronic displays to investigate flame retardants in products in time to ensure compliance with the all the relevant restrictions.

Ensure your products are safe. Employ SGS to plan and deploy the appropriate flammability tests and programs for your products.

Please contact our Customer Service Team for more information!

To obtain a copy in PDF, please click here.

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