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Massachusetts regulates 11 flame retardants in 5 categories of product. These will become effective on December 31, 2021.
Massachusetts regulates 11 flame retardants in 5 categories of product. These will become effective on December 31, 2021.
On January 1, 2021, the governor of Massachusetts signed H4900 into law to regulate 11 flame retardants (FRs) in 5 categories of consumer goods (the Act). The Act adds new Section 28 to Chapter 21A of the General Laws to restrict FRs to no more than 1,000 ppm in any component of the product.
According to the definitions in the Act, bedding, carpeting, children’s product, residential upholstered furniture and window treatment have the following meaning:
Per the Act, manufacturers (which also includes importers and distributors) are obliged to notify retailers and others who sell these FR-containing products of the passage of this new law by July 1, 2021.
Highlights of the new Act are summarized in Table 1.
| H4900 (Chapter 261 of the Acts of 2020) ‘An Act to protect children, families, and firefighters from harmful flame retardants’ adding Section 28 to Chapter 21A of the General Laws | |||
|---|---|---|---|
| Flame Retardant (FR) | Scope* | Requirement | Effective Date |
|
| ≤ 1,000 ppm | December 31, 2021** |
| *The following products are exempt: 1) motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles and 2) second-hand products **Products manufactured before this date are exempt | |||
Table 1
| Entry | Flame Retardant | Abbreviation | CAS no. |
|---|---|---|---|
| 1 | 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate | TBB | 183658-27-7 |
| 2 | Antimony trioxide | --- | 1309-64-4 |
| 3 | Bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate | TBPH | 26040-51-7 |
| 4 | Hexabromocyclododecane | HBCD | 25637-99-4 |
| 5 | Octabromodiphenyl ether | Octa-BDE | 32536-52-0 |
| 6 | Pentabromodiphenyl ether | Penta-BDE | 32534-81-9 |
| 7 | Short Chain Chlorinated Paraffins | SCCP | 85535-84-8 |
| 8 | Tetrabromobisphenol A | TBBPA | 79-94-7 |
| 9 | Tris(2-chloroethyl) phosphate | TCEP | 115-96-8 |
| 10 | Tris(1-chloro-2-propyl) phosphate | TCPP | 13674-84-5 |
| 11 | Tris(1,3-dichloro-2-propyl) phosphate | TDCPP | 13674-87-8 |
Massachusetts joins a host of jurisdictions in the US regulating flame retardants in consumer products, including Anchorage (Alaska), California, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Hampshire, New York, Oregon, Rhode Island, San Francisco, Vermont, Washington and Washington DC. It is important to note that the scope of restriction is specific to each of these jurisdictions. Additionally, the states of Maine, Oregon, Vermont, and Washington require disclosure information on hazardous chemicals, including flame retardants, in children’s products.
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.
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