The US State of New York has implemented measures to expand its regulatory action on flame retardants in consumer goods. The latest law will be implemented in phases, starting December 31, 2022.
On December 31, 2021, the governor of the US state of New York signed S4630B (companion A5418B) the ‘Family and Fire Fighter Protection Act’ into law (the Act). The Act adds new Title X to Article 37 of the state’s Environmental Conservation Law to regulate flame retardants in upholstered furniture, mattresses and electronic enclosures.
According to the definitions in the Act, ‘intentionally added’ means ‘intentionally added chemical’ as defined under Section 37-0901.11 – a chemical in a product that serves an intended function in the product component.
Highlights of the new law are summarized in Table 1.
New York State, S4630B (Chapter 829, 2021) ‘Family and Fire Fighter Protection Act’ adding Title X ‘Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Enclosures’ to Article 37 of the Environmental Conservation Law. | |||
|---|---|---|---|
| Flame Retardant (FR) | Scope | Requirement | Effective Date |
|
| Custom upholsterer is prohibited from using intentionally added FR-containing replacement components to repair, reupholster, re-cover, restore, or renew products | January 1, 2023 |
| Prohibited if intentionally added (individually and in combination) | January 1, 2024 | |
| Electronic display enclosures or stands1 | Prohibited if intentionally added | January 1, 2024 |
| Electronic display enclosures or stands1 | Products are prohibited to be sold unless manufacturer/importer has submitted an annual report to the Department identifying all of the FRs in the product’s enclosures or stands | December 31, 2022 (1 year after effective date) |
1The following items are exempt from the definition of electronic display:
| |||
Table 1
It is important to note that New York State also regulates the following flame retardants:
- Pentabrominated diphenyl ether (penta-BDE) and octabrominated diphenyl ether (Octa-BDE) in products (Environmental Conservation Law Section 37-0111)
- Tris(2-chloroethyl) phosphate (TCEP) and tris(1,3-dichloro-2-propyl) phosphate (TDCPP) in childcare products, which includes toys, for children under three years of age (Environmental Conservation Law Sections 37-0701 to 37-0709 andSafeGuardS 168/14)
SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Please do not hesitate to contact us for further information.
For inquiries, please contact:
Dr. Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420
© SGS Group Management SA - 2022 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.
