Maryland USA Revises and Expands its Flame-Retardant Law

The US state of Maryland has revised its flame-retardant
law with a new definition for ‘childcare product’ and additional restrictions
on the use of flame retardants in four categories of consumer good.

Under Health-General § 24-306, the
definition of ‘childcare product’ now means a consumer product intended for use
by a child under the age of three years, including baby products, toys, and car
seats. It does not include products regulated under the newly created section §

The requirements in Health-General §
24-306 cover:

  • Tris-(2-chloroethyl)
    phosphate (TCEP)
  • Tris-(1,3-dichloro-2-propyl)
    phosphate (TDCPP)

These substances are restricted to no more
than 0.1% per flame-retardant.

The Act (SB 477) also created a completely
new section – Health-General §24-306.1 – which includes the following

  • Flame
    retardants are restricted to no more than 0.1% in juvenile products, mattresses, upholstered furniture, and reupholstered furniture (‘regulated products’)
  • Definitions for flame retardant chemicals provided for each of the ‘regulated products’
  • Exemptions

o Electronic components or their casings in ‘regulated

o Components of upholstered or reupholstered furniture
other than cover fabrics, barrier materials, resilient filling materials and
decking materials

o Threads or fibers when used for stitching mattress
components together

o Components of an adult mattress, other than foams

Under the terms of the Act, ‘juvenile
product’ does not include:

  • Products
    that are not primarily intended for use in the home, including motor vehicles, watercraft, aircraft, and other vehicles as well as their components
  • Products regulated under 49 CFR 571 ‘Federal Motor Vehicle Safety Standards’
  • Consumer electronic products
  • Products
    regulated under (preceding) Health-General §24-306

The Act was enacted, without the
governor’s signature, on May 8, 2020. It directs the Department of Health to
adopt regulations for implementation by June 1, 2021.

In addition to TCEP and TDCPP, Maryland also
regulates, to no more than 0.1%, the following flame retardants:

  • Pentabrominated
    diphenyl ether (PentaBDE)
  • Octabrominated diphenyl ether (OctaBDE)
  • Decabrominated diphenyl ether (DecaBDE)

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testing services to help manufacturers and suppliers ensure their products are
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State of Maryland Expands Flame Retardant Law

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