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)
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‘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
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Exempt products include:
- Motor
vehicles, watercraft, aircraft, all-terrain vehicles and off-highway
motorcycles - Second-hand
products
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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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