Flame Retardants Regulated in Consumer Goods in Delaware

SGS, the world’s leading testing, inspection and certification company, is advising stakeholders that Delaware has become the latest US jurisdiction to regulate flame retardants (FR) in consumer goods.

Signed into law on August 4, 2022, the new law applies to:

  • Children’s products for residential use
  • Upholstered furniture – fabric, barrier or decking materials, covering or cushioning materials
  • Mattresses

It does not apply to:

  • Used upholstered furniture or mattresses
  • Upholstered and reupholstered furniture for public use in public facilities
  • Threads or fibers when used for stitching mattress components together
  • Used children’s products or children’s products that are used in products or components in the following circumstances: a) are not primarily intended for use in the home, such as motor vehicles, watercraft, aircraft, or other vehicles and b) are subject to 49 CFR 571 ‘Federal Motor Vehicle Safety Standards’
  • Components of an adult mattress other than foam
  • Electronic components of a children’s product, mattress or upholstered furniture, or any associated enclosure or casing for the electronic components

FR covered by the regulation are:

  • Antimony
  • Chlorinated paraffins (CPs)
  • Decabromodiphenyl ether (Deca-BDE)
  • Hexabromocyclododecane (HBCD)
  • 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)
  • Tetrabromobisphenol A (TBBPA)
  • Bis(2-ethylhexyl) tetrabromophthalate (TBPH)
  • Tris(2-chloroethyl) phosphate (TCEP)
  • Tris(1-chloro-2-propyl) phosphate (TCPP)
  • Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)
  • Organohalogens (OFR)

The new law defines children’s product as something designed for residential use by an infant or child aged less then 12 years. This will include bassinets, booster seats, changing pads, children’s nap mats, floor play mats, highchair pads, infant bouncers, infant carriers, infant seats, infant swings, infant walkers, mattresses, nursing pads, nursing pillows, playpen side pads, play yards, portable hook-on chairs and strollers.

SGS has published SafeGuardS 095.22 to provide stakeholders with an overview of the requirements in Delaware’s new law, which adds Chapter 25G to Subtitle II Title 6 of the Delaware Code.

Delaware is just the latest US jurisdiction to regulate FR in consumer products. Others include Anchorage (Alaska), California, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New York, Oregon, San Francisco (California), Rhode Island, Vermont, Washington D.C. and Washington. Stakeholders should be aware that each jurisdiction has different requirements.

SGS Chemical Testing

SGS offers a comprehensive range of testing services to help manufacturers and suppliers ensure their products are safe and comply with national and international regulations concerning harmful chemicals. In the end, it’s only trusted because it’s tested. Learn more about SGS Chemical Testing Services.

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full Delaware, USA, Regulates Flame Retardants in Consumer Goods SafeGuardS.

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For further information contact:

Dr. HingWo Tsang

Global Information and Innovation Manager

Tel: (+852) 2774 7420

Ms. Melanie Schubert

Senior Technical Manager

Tel: +1 312 414 9394

Email: crs.media@sgs.com

Website: www.sgs.com/hardlines

LinkedIn: sgs-consumer-goods-&-retail

About SGS

We are SGS – the world’s leading testing, inspection and certification company. We are recognized as the global benchmark for quality and integrity. Our 96,000 employees operate a network of 2,600 offices and laboratories, working together to enable a better, safer and more interconnected world.

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