SGS Societe Generale de Surveillance : Massachusetts Senate Passes Bill to Restrict Flame Retardants in Consumer Products

June 7, 2016

SAFEGUARDS | Consumer Products NO. 113/16

The Senate in the US state of Massachusetts passes a bill to restrict an initial list of 10 flame retardants in children's products, bedding, carpeting and window treatments. If eventually signed into law, the restriction will take effect starting 1 January, 2017.

On 19 May, 2016, the Senate in the U.S. state of Massachusetts passed Senate Bill 2302 (S 2302) [1] to regulate 10 specific flame retardants in children's products, bedding, carpeting and window treatments. The bill does not include residential upholstered furniture in the list of covered products; the bill does include residential upholstered furniture in the definitions and several other sections. It is possible that residential upholstered furniture will be a covered product in the final version of the bill.

This proposal has a number of important provisions, including:

• An initial list of 10 flame retardants

• Directing the state's Department of Environmental Protection (DEP) to evaluate new flame retardants every 3 years and to promulgate rules to restrict these substances in children's products and bedding, carpeting and window treatments (Products)

• Exemptions from the restriction of flame retardants, including those that are newly identified by the DEP, for Products that were manufactured before January 1st, 2017, and Products produced from recycled materials

Requiring manufacturers of Products containing a restricted flame retardant to provide notice to retailers of such products regarding the passage of this Act by October 3rd, 2016.

S 2302 is being considered by the House of Representatives. The Massachusetts House of Representatives is also considering companion bill H 4241. [2]

If S 2302 is eventually signed into law, Massachusetts will join a host of states across the US in regulating flame retardants in consumer products.

Highlight of S 2302 as passed by the Senate are summarized in Table 1.

Table 1: S 2302 'An Act to protect children and families from harmful flame retardants'

Table 2: Definitions

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy for flame retardants in children's products, bedding and window treatments for the US and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hing Wo TsangGlobal Hardlinest: +852 2774 7420

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