SAFEGUARDS | Consumer ProductsNO. 071/20
On May 8, 2020 the US state of Maryland enacted SB 447 (the Act), without the governor’s signature, to revise its existing law on flame retardants. The provisions in the Act contain two important changes:
1. Revising the definition of “childcare product” under Health-General §24-306:
- A “childcare product” means a consumer product intended for use by a child under the age of 3 years, including a baby product, toy and car seat, but it does not include a product regulated under §24-306.1
2. Adding a completely new Health-General §24-306.1:
- Restricting flame retardants to no more than 0.1% in juvenile products, mattresses, upholstered furniture or reupholstered furniture (‘Regulated products’)
- Providing definitions for flame retardant chemicals and each of the Regulated products
- Providing the following exemptions:
- Electronic components or their casings in ‘Regulated products’
- Components of upholstered or reupholstered furniture other than cover fabrics, barrier materials, resilient filling materials and decking materials
- Threads or fibers when used for stitching mattress components together
- Components of an adult mattress other than foams
According to the definitions in the Act, ‘juvenile products’ do not include:
- Products that are not primarily intended for use in the home, including motor vehicles, watercraft, aircraft and other vehicles as well as their components
- Products regulated under 49 CFR 571 ‘Federal Motor Vehicle Safety Standards’
- Consumer electronic products
- Products regulated under (preceding) Health-General §24-306
The Act directs the Department of Health to adopt regulations to implement the Act by June 1, 2021.
Highlight of the Act are summarized in Table 1.
|Chapter 555 (Engrossed SB447, 2020)
An Act Concerning Public Health – Products Containing a Flame Retardant Chemical
|Annotated Code of Maryland
||Childcare products||≤ 0.1% each FR
||June 1, 2021
||≤ 0.1% each FR
||June 1, 2021
|¹Consumer products intended for use by children under 12, including bassinets, booster seats, changing pads, children’s nap mats, floor playmats, high chairs, high chair pads, infant bouncers, infant carriers, infant seats, infant swings, infant walkers, nursing pads, nursing pillows, playpen side pads, play yards, portable hook-on chairs and strollers
Since 2008, Maryland has regulated several flame retardants, including
- ≤ 0.1% for each of pentabrominated diphenyl ether (PentaBDE) and octabrominated diphenyl ether (OctaBDE) in products (Environmental §6-1202)
- ≤ 0.1% decabrominated diphenyl ether (DecaBDE) in products (Environmental §6-1202.1)
- ≤ 0.1% for each of tris-(2-chloroethyl) phosphate (TCEP) and tris-(1,3-dichloro-2-propyl) phosphate (TDCPP) in child care products (and toys) for children under the age of 3 (Health-General §24-306, SafeGuardS 104/14)
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 - 2020 - 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’ prior written consent.