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Several jurisdictions in the US have introduced bills to restrict certain flame retardants in consumer products. The scope of products and types of flame retardant are jurisdiction dependent.

SAFEGUARDS | Consumer Products NO. 033/19

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Additive flame retardants (Additive-FRs) are non-chemically binding substances that are added to a wide variety of household products such as bedding, childcare articles, clothing, electrical and electronic equipment, furniture, mattresses, paints/coatings and household textiles. They are added to materials such as plastics, foams and textiles to prevent fires from starting and to limit the spread of fires.

Over the years, the use of flame retardants has increasingly been restricted or prohibited due to their toxicity effects and negative impact to the environment. In the US, several jurisdictions regulate flame retardants in consumer products, including California, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New York, Oregon, Rhode Island, San Francisco (California), Vermont, Washington and Washington D.C. The restricted or prohibited flame retardants and the scope of regulated products are specific to each of these jurisdictions.

Additionally, specific flame retardants in children’s products are also subject to reporting rules in the following states:

  • Maine: Toxic Chemicals in Children’s Products (Title 38, Chapter 16-D, Priority Chemical (PC); Chapter 889, Department of Environmental Protection)
  • Oregon: ORS § 431A.253 to § 431A.280 (High Priority Chemicals of Concern for Children’s Health, (HPCCCH); OAR 333-016-2035 Exhibit A, Health Authority)
  • Vermont: 18 V.S.A. Chapter 38A (Chemicals of High Concern to Children (CHCC); CHCC List, Department of Health)
  • Washington: RCW Chapter 70.240 (Children’s Safe Products Act (CSPA), Chemicals of High Concern to Children (CHCC); CHCC Reporting List, Department of Ecology)

Since the beginning of 2019, several jurisdictions in the US have introduced bills to regulate a wide variety of flame retardants in certain consumer goods. These include, inter alia, bedding, children’s products, juvenile products, mattresses, mattress pads and upholstered furniture.

Highlights of these proposals are summarized in Table 1.

Jurisdiction Bill (2019 Session) Flame Retardant
Scope
Requirement
Effective Date
Anchorage (Alaska) AO No. 2019-15 Flame retardants* Juvenile products, upholstered furniture and reupholstered furniture ≤ 1,000 ppm each FR January 1, 2020
Arizona SB 1280 Deca-BDE, HBCDD, TCEP and TDCPP Children’s products and upholstered residential furniture ≤ 1,000 ppm each FR Not specified
Indiana HB 1134 Flame retardants** Mattresses, mattress pads and upholstered furniture ≤ 1,000 ppm each FR July 1, 2019
Massachusetts SD 1573(companion billHD 3012) Antimony trioxide, HBCD, Penta-BDE, Octa-BDE, SCCP (CP), TBB, TBBPA, TBPH, TCEP, TCPP and TDCPP Bedding, carpeting, children’s products, residential upholstered furniture and window treatments ≤ 1,000 ppm each FR June 1, 2020 for inventory
Minnesota SF 321(companion billHF 359) Halogenated, phosphorus-based, nitrogen-based and nanoscale Children’s products, mattresses, residential or business textiles, and upholstered furniture ≤ 1,000 ppm each FR

 

July 1, 2020 for manufacturers or wholesalers

July 1, 2021 for retailers

 

New Hampshire SB 193-FN Flame retardants Carpeting and upholstered furniture ≤ 1,000 ppm each FR January 1, 2020
New York A 3587 Organo-halogenated Childcare products for children three years of age or younger Prohibited July 1, 2021
New York A 1367 Halogenated, including TDCPP and phosphorus-bromine Residential upholstered furniture Prohibited July 1, 2021
Prohibited (certification) December 1, 2022
Tennessee SB 67(companion billHB 1420) Halogenated, organophosphorus, Organonitrogen, nanoscale and flame retardant on Washington DOE’s CHCC list as of January 1 2019 Mattresses, juvenile products and upholstered furniture ≤ 1,000 ppm each FR January 1, 2020
West Virginia HB 2341 Deca-BDE, HBCDD, Penta-BDE, TCEP and TDCPP Children’s products, and upholstered residential furniture ≤ 1,000 ppm each FR

 

July 1, 2021 for manufacturers or wholesalers

July 1, 2022 for retailers

 

 

*An FR that is halogenated, organophosphorus, organonitrogen, nanoscale, Penta-BDE, Octa-BDE, antimony, designated chemical under California Health and Safety Code § 105440 or under Washington Department of Ecology’s (DOE) Chemicals of High Concern to Children (CHCC) list.

** An FR that is halogenated, phosphorus-based, nitrogen-based, nanoscale or under 20 CFR 1910.1200(g) where ‘flame retardant’ appears on the substance safety data sheet (SDS).

 

Table 1.

 

Definitions

Item Acronym
CAS
Name
1
---
7440-36-0 Antimony
2
--- 1309-64-4 Antimony trioxide
3
Deca-BDE 1163-19-5 Decabromodiphenyl ether
4
HBCD (HBCDD) 25637-99-4 Hexabromocyclododecane
5
Penta-BDE 32534-81-9 Pentabromodiphenyl ether
6
Octa-BDE 32536-52-0 Octabromodiphenyl ether
7
SCCP (CP) 85535-84-8 Short Chain Chlorinated Paraffins
8
TBB 183658-27-7 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate
9
TBBPA 79-94-7 Tetrabromobisphenol A
10
TBPH 26040-51-7 Bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate
11
TCEP 115-1496-8 Tris(2-chloroethyl) phosphate
12
TCPP 13674-84-5 Tris(1-chloro-2-propyl) phosphate
13
TDCPP 13674-87-8 Tris(1,3-dichloro-2-propyl) phosphate

 

At SGS our services enable you to deliver well - designed, functional, durable and safe products to your customers. We have the furniture industry, regulatory and technical expertise to check your products’ compliance against relevant standards and /or your own specifications. Please do not hesitate to contact us for further information or visit our website.

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