Overall view on the current states laws against the flame retardants chemical

In the US, seventeen states are either considering or adopting legislation to ban organohalogens from furniture, foam and fabric, children’s products and toys. The concern is that flame retardants pose a carcinogenic risk to children as well as people exposed to the substances during a fire such as firemen.


In addition to states starting to regulate flame retardants, the CPSC is reviewing the hazards of flame retardants and will be proceeding with rulemaking. The International Association of Firefighters supports banning organohalogens, citing their carcinogenic nature in testimony to the CPSC. Vermont, Minnesota, Washington, Maryland and Virginia support this ban as well. Minnesota and the District of Columbia have already approved legislation to restrict the use of flame retardants. California has required a warning label on all products containing organohalogens since 2013.


The following three groups of flame retardants are either restricted or being reviewed by CPSC and/or State Administrators:


Organohalogen Flame Retardants, Non-polymeric

decabromodiphenyl ether (decaBDE)*,
polybrominated biphenyl (PBB)*,
polybrominated diphenyl ethers (PBDEs)*,
pentabrominated diphenyl ether (penta-BDEs)*,
Octabrominated diphenyl ether (octa-BDEs)*,
decabromodiphenyl ethane*,
hexabromocyclododecane (HBCD),
2-ethylhexyl 2,3,4,5-tetrabromobenzoate (TBB), 
bis(2-ethylhexyl) 3,4,5,6-tetrabromophthalate (TBPH),
Chlorinated TRIS (TDCPP), TDBPP, TCEP*,
tetrabromobisphenol A (TBBPA) 


Organohalogen Flame Retardants, Polymeric
brominated polystyrenes (BPS),
brominated carbonate oligomers (BCOs),
brominated epoxy oligomers (BEOs),
tetrabromobisphenol A (TBBPA) ,
tetrabromophthalic anyhydride (TBPA),


Chlorinated Flame Retardants
Chlorinated paraffin (CP) – including MCCPs and SCCPs**

Remark:
* - the specific flame retardants being concerned by majority of states law
** - the specific flame retardants chemical being recently concerned and restricted by European agencies


Currently, thirteen states have adopted laws to ban the flame retardants. The restriction limit of flame retardants ranges from 25 ppm (part per million) to 1000 ppm.


California

Proposition 65: Each component of the identified product is tested for the listed flame retardants. If the result of every component is less than 25 ppm than no warning label is required.

TB 117/SB 1019: foam and fabric products, mattresses, reupholstered furniture, or upholstered furniture shall not be containing more than 0.1 percent of the flame retardants or containing more than 0.1 percent of a mixture that includes the flame retardants chemical. A specific labelling for declaration of conformity requests.

AB 127: Requires the state fire marshall review flamability standards and chemical flame retardants, and propose updated insulation flammability standards that maintain both overall building safety and occupant/firefighter protection. (Adopted in 2013)

AB 302: Bans products containing more than 1/10 of 1% of the flame retardants pentaBDE or octaBDE, by mass. (Adopted in 2003)

AB 2587: Moves up the effective date of a ban on the flame retardants penta and octa by a year and a half. (Adopted in 2004)

SB 1019: Requires products to indicate with specific label if they contain added flame retardants, and make information available online. (Adopted in 2014)

AB 2998: Bans the children products containing more than 0.1% of the flame retardants chemicals. (Adopted in Feb 2018)



Hawaii

HCR 235 / SR 107: Supports the industry phase-out of the flame retardant decaBDE, and encourages the EPA to continue its efforts to end importation of decaBDE into the U.S. (Adopted in 2010)

HB 2013: Bans products containing more than 0.1% of the flame retardants pentaBDE or octaBDE.(Adopted in 2004)


Illinois

HB 2572: Bans products containing more than one tenth of 1% of the flame retardants penta-BDE or octa-BDE. Directs the Illinois EPA to review the health impacts of and alternatives available to deca-BDE, and submit a report to the Governor. (Adopted in 2005)


Maine

LD 1568: Prohibits the manufacture and sale of shipping pallets, or any product made from them, containing decaBDE. (Adopted in 2010)

Executive Order: Authorizes DEP to submit legislation to phase out mercury batteries, and improve mercury thermostat recovery. Creates a report assessing lead-free alternatives in consumer products, and one on alternatives to the flame retardant DecaBDE. Underscores commitment to environmentally preferable procurement, including lead-free wheel weights and uniforms that don't require cleaning with perchloroethylene. Establishes Governor’s Task Force to Promote Safer Chemicals in Consumer Products. (Adopted in 2006)

LD 1790: Bans products containing added brominated flame retardants. (Adopted in 2004)

LD 1658: Clarifies earlier PBDE phase-out. (Adopted in 2007)

LD182 / HP138: Bans the sale of residential upholstered furniture containing chemical flame retardants. (Adopted in 2017)


Maryland

SB 556: Bans mattresses, residential upholstered furniture, and electronic equipment containing decaBDE by 2010. (Adopted in 2010)

HB 83: Bans products containing the flame retardants penta- and octa-brominated diphenyl ether. Requires the Department of the Environment to report decaBDE in products, and make recommendations regarding the use, sale, and disposal of products containing it. (Adopted in 2005)

HB 229: Bans kids’ products containing the toxic flame retardant Tris (TDCPP) (Adopted in 2014)

HB 99: Bans Tris (TCEP) from children’s products. (Adopted in 2013)


Michigan

SB 1458: Authorizes the department to establish a committee to determine the risk posed by the release of toxic flame retardants PBDEs, other than penta-BDE or octa-BDE, to human health and the environment. (Adopted in 2004)

HB 4406: Bans products contains more than 1/10 of 1% of the flame retardant penta-BDE.(Adopted in 2003)


Minnesota

SF 2096: Bans products containing the toxic flame retardants pentabromodiphenyl ether or octabromodiphenyl ether. Requires review of the flame retardant decabromodiphenyl ether, looking at safer alternatives, fire safety, and any evidence regarding the potential harm to public health and the environment. (Adopted in 2007)

HF 1100 / SF 1215: Bans specified toxic flame retardants from children's products, mattresses, and residential upholstered furniture, specifies that not be replaced with chemicals that are carcinogens, endocrine disruptors, or otherwise cause developmental toxicity. (Adopted in 2015)


New York

S 7621: Prohibits the use of flame retardants pentaBDE and octaBDE. Create a task force on flame retardant safety to review and report on relevant studies, risk assessments, findings, or rulings on decaBDE and its alternatives. (Adopted in 2004)

A 6195: Enacts a first-in-the-nation ban on children’s products containing the flame retardant chlorinated Tris (TCEP). (Adopted in 2011)

AB 4741 / SB 3703: Bans toxic flame retardant TDCPP in children’s products for kids three years of age and younger. (Adopted in 2014)


Oregon

SB 596: Phases the toxic flame retardant decaBDE from products bought and sold in the state.(Adopted in 2009)

SB 962: Bans the toxic flame retardants pentaBDE and octaBDE, ands recommend banning decaBDE if safer alternatives are nationally available. (Adopted in 2005)


Rhode Island

HB 7917: Restricts the manufacturing or distribution of flame retardants containing pentaBDE or octaBDE, and requires study on decaBDE. (Adopted in 2006)

H5082 / S0166: Prohibits the manufacture and sale of children's products and residential upholstered bedding or furniture containing toxic flame retardants. (Adopted in 2017)


Vermont

H 444 / S 109: Bans the flame retardants octaBDE and pentaBDE from all products, and decaBDE from certain home products (mattresses and pads, residential furniture, televisions and computers). Prohibits a manufacturer from replacing decaBDE with a known or suspected carcinogen, or a chemical identified by the U.S. EPA as causing birth defects, hormone disruption, or harm to reproduction or development. (Adopted in 2009)

S 81 / H 241: Bans the flame retardants OctaBDE and PentaBDE from all products, bans the sale of mattresses and furniture with decaBDE, and bans Tris (TCEP & TDCPP) from children’s products and furniture. (Adopted in 2013)


State of Washington

HB 1024: Bans the sale of certain products containing the flame retardants PBDEs and mattresses containing decaBDE, and requires the state to study alternatives to them. Restricts the sale of televisions, computers, and residential upholstered furniture containing decaBDE as a result of the Departments’ finding that safer and technically feasible alternatives that meet fire safety standards are available. (Adopted in 2007)

Executive Order 04-01: Directs the Department of Ecology to move forward on phasing out the use of PBDEs. (Adopted in 2004)

HB 2545 / SB 6440: Bans the sale of children's products and residential furniture containing toxic flame retardants TDCPP or TCEP. (Adopted in 2016)


Washington D.C.

B21-0143: Prohibits the manufacture, sale, or distribution of any children's product or residential upholstered furniture containing carcinogenic flame retardants or chemicals known to be carcinogenic to humans. (Adopted in 2016)

Unitec can provide comprehensive, accredited testing for flame retardants as well as material reviews to assess the potential risk of contamination of flame retardants in various products. For further inquiry, please contact one of our business managers or customer service agents.

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