SAFEGUARDS | Consumer Products NO. 087/15

SafeGuardS Residential Furniture

Minnesota has recently approved measures to restrict four flame retardants in children’s products and upholstered residential furniture. The enforcement date for manufacturers and wholesalers is 1 July 2018 and for retailers is 1 July 2019.

In March 2015, we informed you that the US state of Minnesota [1] introduced measures to restrict 10 flame retardants in children’s products, upholstered furniture and residential textiles.

On 19 May 2015, the governor of Minnesota signed bill SF 1215 [2]Prohibiting the Use of Certain Flame-Retardant Chemicals in Certain Products’ into law. The signed version of the bill regulates fewer flame retardants than the bill that was introduced into the Senate in February 2015; from 10 to 4 flame retardants. The new law places a restriction on four halogenated-flame retardants in

  • Products for children under the age of 12
  • Upholstered residential furniture

The four flame retardants under the scope of restriction are:

  • Decabromodiphenyl ether (Deca-BDE, CAS 1163-19-5)
  • Hexabromocyclododecane (HBCDD, CAS 25637-99-4)
  • Tris(2-chloroethyl) phosphate (TCEP, CAS 115-96-8)
  • Tris(1,3-dichloro-2-propyl) phosphate (TDCPP, 13674-87-8)

This law is the first North American law to restrict HBCDD in children’s products.

The new law also prohibits a manufacturer from replacing a restricted flame retardant with a chemical that is known or has a high degree of probability to:

  • Be carcinogenic, mutagenic or reprotoxic (CMR)
  • Be an endocrine disruptor
  • Cause damage to the nervous system, immune system or organs or
  • Have developmental toxicity on a fetus or child

The enforcement dates are different depending on the role in the supply chain:

  • 1 July 2018 for manufacturers and wholesalers
  • 1 July 2019 for retailers 

Highlights of the new law are summarized in Table 1.

Table 1

Minnesota Statutes Chapter 325F.071  

Flame Retardant Chemicals; Prohibition

[Chapter 62 (SF 1215), 89th Legislature, 2015-2016]

Flame Retardant



Enforcement Date

  • Deca-BDE
  • TCEP
  • Products for children under the age of 12
  • Upholstered residential furniture

≤ 1000 ppm each flame retardant

1 July 2018 (manufacturers or wholesalers)

1 July 2019 (retailers)


  • Electrical and electronics (2014 Minnesota Statutes 116.9405 clause 10) [3]
  • Food, beverage, dietary supplements, biological or pharmaceutical products
  • Medical devices (Title 21, section 321 (h) of the Federal Food, Drug, and Cosmetic Act, United States Code) [4]
  • Outdoor sport equipment (2014 Minnesota Statutes 116.9405 clause 11) [5]
  • Public assembly tents (2014 Minnesota Statutes 325F.03) [6]
  • Tents and sleeping bags (2014 Minnesota Statutes 325F.04) [7]
  • Toys subjected to ASTM F963

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy, for flame retardants and other restricted substances in consumer products for Minnesota and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hing Wo Tsang
Global Toys and Juvenile Products
t: +852 2774 7420

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