New York State Revises Legislation Banning Flame Retardants in Certain Goods

New York State has amended Title 10 to Article 37 of the Environmental Conservation Law, in relation to its new law governing flame retardants in upholstered furniture, mattresses and electronic enclosures.

The governor signed S7737 (companion A8723) on January 24, 2022. This update:

  • Clarifies that ‘organohalogen flame retardant chemical’ refers to a chemical containing at least one carbon-halogen bond and resists or inhibits the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire
  • Clarifies that custom upholsterers does not include manufacturers of new, ready to be sold furniture
  • Delays compliance dates for certain provisions until December 1, 2024
  • Limits the scope of flame retardants to organohalogens in enclosures or stands in electronic displays
  • Introduces a provision where sellers of mattresses, upholstered furniture, or electronic displays, or reupholstered furniture components for custom upholsterers, will not be in violation of the law if these economic operators can show that they relied in good faith on the manufacturer’s signed Certificate of Compliance (CoC) indicating compliance with the requirements in the amended new law

To read a full break down of the changes, including the new compliance dates, stakeholders are advised to review SGS’s original SafeGuard 019/22.

These changes relate to a new law passed in December 2021, which bans the use of flame retardants in upholstered furniture, mattresses and electronic enclosures. It added Title 10 to Article 37 of the state’s Environmental Conservation Law. To learn more, see SGS SafeGuard 008/22.

This amendment came into effect on the same date and in the same manner as Chapter 829 of the laws of 2021 (S4630B/A5418B).

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 New York State, USA, Revises Ban on Flame Retardants in Certain Goods SafeGuardS.

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For further information contact:

Dr. Hingwo Tsang

Global Information and Innovation Manager

Tel: (+852) 2774 7420



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