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Minnesota has approved measures to expand its existing law on flame retardants and to prohibit PFAS chemicals in firefighting foams. The new law on flame retardants will be implemented in phases, starting July 21, 2021.

SAFEGUARDS | Consumer products NO. 084/19

Hair

In 2015, the US state of Minnesota approved measures to restrict four organo-halogenated flame retardants (OFRs) in children’s products and upholstered residential furniture (SF 1215, Chapter 62, 2015-2016, Safeguard 87/15). The restrictions in the law (2018 Minnesota Statutes, Section 325F.071), are implemented in two phases:

  • July 1, 2018 for manufacturers or wholesalers
  • July 1, 2019 for retailers

On May 22, 2019, the governor of Minnesota signed into law the HF 359 bill (Chapter 47, 2019-2020) to strengthen the aforementioned flame retardant law by expanding the scope of products and flame retardants. This amendment exempts the following from the new restrictions:

  • A children’s product, mattress, upholstered residential furniture, or residential textile where a federal flammability standard exists
  • An electronic component of a children’s product, mattress, upholstered residential furniture, or residential textile or associated casing
  • Components of an adult mattress other than foam
  • A previously owned product containing OFRs
  • Thread or fiber for stitching mattress components

Highlights of HF 359 (Chapter 47, 2019-2020) on flame retardants and a comparison with SF 1215 (Chapter 62, 2015-2016) are summarized in Table 1.

Minnesota Statutes 
Section 325F.071 ‘Flame-Retardant Chemicals; Prohibition’
HF 359 (2019-2020)
SF 1215 (2015-2016)
Scope
  • Products for children under the age of 12*
  • Upholstered residential furniture
  • Mattresses
  • Residential textiles
  • Products for children under the age of 12*
  • Upholstered residential furniture
Flame retardant Organo-halogenated flame retardants  Deca-BDE, HBCDD, TCEP and TDCPP
Requirement ≤ 1000 ppm each organo-halogenated flame retardant ≤ 1000 ppm each flame retardant
Effective Date
  • July 1, 2021 for manufacturers or wholesalers
  • July 1, 2022 for retailers
  • July 1, 2018 for manufacturers or wholesalers
  • July 1, 2019 for retailers

*Excluding the following:

Table 1

It is also noteworthy that Minnesota has restricted two flame retardants, Penta-BDE and Octa-BDE, in products since 2008 (Minnesota Statutes 325E.386).

Another important new measure in the HF 359 bill is the prohibition of perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals) in Class B firefighting foams. This ban will become effective on July 1, 2020.

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

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