Minnesota, USA, Strengthens Flame Retardant Law and Bans PFAS Chemicals in Firefighting Foams
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
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.
Section 325F.071 ‘Flame-Retardant Chemicals; Prohibition’
|HF 359 (2019-2020)
||SF 1215 (2015-2016)|
|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
*Excluding the following:
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|
SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Please do not hesitate to contact us for further information.
For enquiries, please contact:
Global Information and Innovation Manager
t: (+852) 2774 7420
Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!
Read more articles for the Consumer Goods and Retail industry
© SGS Group Management SA - 2019 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.