The US state of Massachusetts has introduced restrictions on eleven flame retardants (FRs) in five categories of consumer product.
Signed into law by the governor on January 1, 2021, the law regulates the following FRs:
- 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)
- Antimony trioxide
- Bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH)
- Hexabromocyclododecane (HBCD)
- Octabromodiphenyl ether (Octa-BDE)
- Pentabromodiphenyl ether (Penta-BDE)
- Short Chain Chlorinated Paraffins (SCCP)
- Tetrabromobisphenol A (TBBPA)
- Tris(2-chloroethyl) phosphate (TCEP)
- Tris(1-chloro-2-propyl) phosphate (TCPP)
- Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)
‘An Act to protect children, families, and firefighters from harmful flame retardants’ adds a new Section 28 to Chapter 21A of the General Laws. It restricts FRs to no more than 1,000 ppm in any component of the following product categories:
- Bedding – any bedding material, including sleeping bags and other stuffed items for reclining or sleeping
- Carpeting – any fabric floor covering, including carpet padding
- Children’s product – a consumer product for use by children aged 12 years or younger
- Residential upholstered furniture – seating or other upholstered products for indoor or outdoor use in or at a home or other dwelling intended for residential occupancy
- Window treatment – blinds, curtain materials or shades
Exempt products include:
- Motor vehicles, watercraft, aircraft, all-terrain vehicles and off-highway motorcycles
- Second-hand products
The new law comes into effect on December 31, 2021, although products manufactured before this date are also exempt.
The Act requires manufacturers (including importers or distributors) to notify retailers and others who sell these FR-containing products of the passage of this new law by July 1, 2021.
Stakeholders should be aware that Massachusetts has joined a long list of US jurisdictions regulating FRs 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. The scope in each jurisdiction is different and, additionally, Maine, Oregon, Vermont and Washington also require the disclosure of information on hazardous chemicals, including FRs, in children’s products
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