The US state of Nevada has recently approved measures to regulate PFAS and organohalogenated flame retardants (OFR) in a variety of consumer products. The restrictions will be implemented in phases, starting January 1, 2022.

SAFEGUARDS | Consumer ProductsNO. 077/21

 SG 07721 Sofa 

On May 27, 2021, the governor of the US state of Nevada signed AB 97 (Chapter 112, 2021 Session) into law to regulate perfluroalkyl and polyfluoroalkyl substances (PFAS) and (additive) organohalogenated flame retardants (OFR) in a wide variety of consumer goods (the Act). The Act amends the state’s Revised Statutes on Chapters 459 ‘Hazardous Materials’ in relation to PFAS in firefighting foams and 597 ‘Miscellaneous Trade Regulations and Prohibited Acts’ in regard to OFR in business textiles, children’s products, mattresses, residential textiles and upholstered residential furniture. 

According to the definitions in the Act, ‘perfluoroalkyl and polyfluoroalkyl substances (PFAS)’, ‘children’s product’ and ‘residential textile’ have the following meaning:

  • ‘Perfluoroalkyl and polyfluoroalkyl substances (PFAS)’ means a family of fluorinated organic chemicals with at least one fully fluorinated carbon atom
  • ‘Children’s product’ means a product primarily designed or intended to be used by or for a child under 12 years of age, but does not include:
    • A tent or sleeping bag
    • Consumer electronic products and components or products complying with Directive 2002/95/EC of the European Union (currently Directive 2011/65/EU, RoHS Recast)
    • Devices within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C § 321 (h)
    • Food, beverage, dietary supplement, pharmaceutical or biological products
    • Outdoor sports equipment 
    • Toys meeting the latest version of ASTM F963 ‘Standard Consumer Safety Specification for Toy Safety’ 
  • ‘Residential textile’ means a textile designed for residential use as a covering on windows or walls 

Highlights of the new law are summarized in Table 1.

Substance

Scope

Requirement

Effective Date

PFAS

Class B firefighting foams

Prohibited for testing and firefighting training1

January 1, 2022

Organohalogenated
flame retardants (ORF)

  • Business textiles

  • Children’s products

  • Mattresses 

  • Residential textiles

  • Upholstered residential furniture

≤ 1,000 ppm each OFR2

July 1, 2022

1Certain specific uses are allowed
2Exemption:

  • An OFR that is 1) a polymeric substance (40 CFR 723.250) or 2) a reactive flame retardant

  • Children’s product, mattress, upholstered residential furniture or residential textile where there is a federal flammability standard

  • Components of an adult mattress other than foam

  • Electronic components of a children’s product, mattress, residential textile or upholstered residential furniture or associated casing

  • Preemption by federal law

  • Second-hand products

  • Thread or fiber for stitching mattress components together

Table 1

SGS offers a wide range of services to ensure that your products comply with the EU Toy Safety Directive. We offer training, safety/risk assessment, technical documentation check, labelling review, testing according to harmonized standards, SVHC screening, inspections and audits. We operate the world’s largest network of toy experts and testing facilities – around 20 toy laboratories worldwide, including 3 EU Notified Bodies (France, Germany and Netherlands). In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420

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