New York is First State to Restrict Organohalogen Flame Retardants in Electronic Displays

SGS, the world’s leading testing, inspection and certification
company, reminds businesses operating in New York State that the governor,
Kathy Hochul, has recently signed into law new requirement on the use of flame
retardants in furniture, mattresses and electronic enclosures with displays.

This ground-breaking bipartisan Bill (A5418B and companion bill
S4630), is the first in the US to prohibit the entire group of organohalogen
flame retardants in electronic enclosures, such as televisions. It amends
Article 37 in the state’s Environmental Conservation Law and inserts Title X
(10), to be called the ‘Family and Fire Fighter Protection Act’.

Title X reads:



The Act has several definitions of which stakeholders should be

  • “Covered flame-retardant chemical” – any chemical that meets both
    of the following criteria:

    1. Functional use to resist or inhibit the spread of fire or as a
      synergist to chemicals that resist or inhibit the spread of fire
    2. One of the following: a halogenated, organophosphorus,
      organonitrogen, or nanoscale chemical
  • “Electronic enclosures with displays” – consumer product with a
    display screen and associated that, as its primary function, displays visual
    information from wired or wireless sources and is available for purchase by
    individuals or households for personal use in a residential space

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Exemptions to the provisions in the Act relating to electronic
displays include:

  • Screen areas of no more than 100 cm2
  • Projectors
  • Virtual reality headsets
  • All-in-one video conference systems
  • Displays that are integrated with appliances and are not available
    for purchase as separate products by end-users

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Stakeholders should be aware of
the following dates:

  • December 31, 2022 – manufacturers of electronic displays sold in
    New York State must also submit an annual report identifying all flame
    retardants used in enclosures and their stands
  • January 1, 2024 (per section 37-1003)
    – “no person shall sell or offer for sale in the state of New York any new, not
    previously owned, upholstered furniture or mattress, that contains, or a
    constituent component of which contains, any intentionally added covered flame
    retardant chemical, individually or in combination.”
  • January 1, 2024 (per section 37-1007) – “no person shall sell or
    offer for sale in the state of New York any electronic display that contains an
    intentionally added organohalogen flame retardant chemical in the enclosure or
    stand of such electronic display.”

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Failure to conform to the provisions in sections 37-1003 and
37-1007 can result in a civil penalty not exceeding USD 1,000 for each day during
which violation continues. The penalty will increase to USD 2,500 for each day because
of a second violation.

Stakeholders are advised now check their products conform to the
latest flame retardant restrictions in New York State.

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.

For further information contact:

Sanjeev Gandhi

Deputy Vice

& Products



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 93,000 employees operate a network of 2,600 offices and
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