SG 095.22
Delaware has become the latest US jurisdiction to regulate flame retardants in certain consumer goods. The restrictions will become effective on July 1, 2023.
On August 4, 2022, the governor of Delaware signed HB 77 into law to restrict flame retardants (FR) in several categories of consumer product. The new law adds Chapter 25G to Subtitle II Title 6 of the Delaware Code.
According to the definitions in the new law, ‘children’s product’ means products designed for residential use by infants and children under 12 years old, including 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.
Highlights of the new law are summarized in Table 1.
| HB No. 77 as amended by House Amendment No. 2 ‘An Act to Amend Title 6 of the Delaware Code Relating to the Prohibition of Harmful Flame Retardants’ | |||
|---|---|---|---|
|
| ≤ 0.1% each FR and ≤ 0.1% of a mixture containing one or more FR | July 1, 2023 |
|
| ≤ 0.1% each OFR and ≤ 0.1% of a mixture containing one or more OFR | July 1, 2023 |
¹The following are exempt:
| |||
Table 1
Delaware joins a host of jurisdictions across the US in regulating flame retardants in consumer products, including Anchorage (Alaska), California, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New York, Oregon, San Francisco (California), Rhode Island, Vermont, Washington and Washington D.C. It is important to note that the scope of products and types of flame retardant are jurisdiction dependent.
Abbreviations
| Abbreviation | Flame Retardant | CAS |
| -- | Antimony | 7440-36-0 |
| CPs | Chlorinated paraffins | 85535-84-8 |
| Deca-BDE | Decabromodiphenyl ether | 1163-19-5 |
| HBCD | Hexabromocyclododecane | 25637-99-4 |
| TBB | 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate | 183658-27-7 |
| TBBPA | Tetrabromobisphenol A | 79-94-7 |
| TBPH | Bis(2-ethylhexyl) tetrabromophthalate | 26040-51-7 |
| TCEP | Tris(2-chloroethyl) phosphate | 115-96-8 |
| TCPP | Tris(1-chloro-2-propyl) phosphate | 13674-84-5 |
| TDCPP | Tris(1,3-dichloro-2-propyl) phosphate | 13674-87-8 |
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