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SAFEGUARDS | Consumer Products NO. 113/16

SafeGuardS kind in bed

The Senate in the US state of Massachusetts passes a bill to restrict an initial list of 10 flame retardants in children’s products, bedding, carpeting and window treatments.  If eventually signed into law, the restriction will take effect starting 1 January, 2017.

On 19 May, 2016, the Senate in the U.S. state of Massachusetts passed Senate Bill 2302 (S 2302) [1] to regulate 10 specific flame retardants in children’s products, bedding, carpeting and window treatments. The bill does not include residential upholstered furniture in the list of covered products; the bill does include residential upholstered furniture in the definitions and several other sections. It is possible that residential upholstered furniture will be a covered product in the final version of the bill.

This proposal has a number of important provisions, including:

  • An initial list of 10 flame retardants

  • Directing the state’s Department of Environmental Protection (DEP) to evaluate new flame retardants every 3 years and to promulgate rules to restrict these substances in children’s products and bedding, carpeting and window treatments (Products)

  • Exemptions from the restriction of flame retardants, including those that are newly identified by the DEP, for Products that were manufactured before January 1st, 2017, and Products produced from recycled materials

Requiring manufacturers of Products containing a restricted flame retardant to provide notice to retailers of such products regarding the passage of this Act by October 3rd, 2016.

S 2302 is being considered by the House of Representatives. The Massachusetts House of Representatives is also considering companion bill H 4241. [2]

If  S 2302 is eventually signed into law, Massachusetts will join a host of states across the US in regulating flame retardants in consumer products.

Highlight of S 2302 as passed by the Senate are summarized in Table 1. 

Table 1: S 2302 ‘An Act to protect children and families from harmful flame retardants’

Flame retardant (FR) Scope Requirement Proposed Effective Date
  • Antimony Trioxide
  • Deca-BDE
  • HBCD
  • PBDEs
  • SCCPs
  • TBB
  • TBPH
  • TCEP
  • TCPP
  • TDCPP
  • Products for children aged 12 and under
  • Bedding including: mattress, mattress pad, mattress cover, sheeting, pillow, blanket, comforter, duvet cover, sleeping bag or any other stuffed item intended to be used for reclining or sleeping.
  • Carpeting, including carpet padding
  • Window treatment, meaning curtain materials, blinds
    or shades
≤ 1000 ppm each FR January 1st, 2017

Remark

  • New flame retardants may be added by the DEP in accordance with the Act

Table 2: Definitions

Item Acronym CAS Name
1 --- 1309-64-4 Antimony trioxide
2 Deca-BDE 1163-19-5 Decabromodiphenyl ether
3 HBCD 25637-99-4 Hexabromocyclododecane
4 PBDEs* --- Polybrominated diphenyl ethers
5 SCCPs 85535-84-8 Short Chain Chlorinated Paraffins
6 TBB 183658-27-7 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate
7 TBPH 26040-51-7 Bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate
8 TCEP 115-96-8 Tris(2-chloroethyl) phosphate
9 TCPP 13674-84-5 Tris(1-chloro-2-propyl) phosphate
10 TDCPP 13674-87-8 Tris(1,3-dichloro-2-propyl) phosphate
*Including but not limited to Penta-BDE (CAS 32534-81-9), Octa-BDE (CAS 32536-52-0) and Deca-BDE (1163-19-5)

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy for flame retardants in children’s products, bedding and window treatments for the US and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hing Wo Tsang
Global
Hardlines
t: +852 2774 7420

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