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Your regular update for technical and industry information

USA: NEW YORK BANS FLAME RETARDANTS IN FURNITURE, MATTRESSES AND ELECTRONIC DISPLAYS

JANUARY 2022 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES

The New York Governor signed the bill S4630B1 to prohibit the sale or offer for sale of upholstery furniture, mattresses and electronic displays containing certain flame retardants. Several US States e.g. California, Minnesota have passed similar legislation in mattresses and furniture. New York also restricts organohalogen flame retardants in electronic displays. The bill takes effective immediately on 31 December 2021. 

On 24 January 2022, the Governor also signed the bill S77372 to amend S4630B. That helps to clarify the definition of organohalogen flame retardants, scope of products, update the date of application and shield the liability of sellers and custom upholsterers via certificates of compliance issued by manufacturers. 

Flame retardants are a family of chemicals which is intentionally added to prevent fire. Certain flame retardants may lead to adverse health effects in humans and they are persistent in the environment. The details of the New York bill can be referred to Table A. 

Table A. Summary of the New York Bill S4630B

Parameter

Furniture and mattresses

Electronic displays

Covered products

Upholstery furniture and mattresses (exemption refers to Section 37-1005)

Consumer use electronic enclosures or stand of electronic displays used in a residential space (exemption refers to Section 37-1001)

Covered flame retardants

Halogenated, organophosphorus, organonitrogen, or nanoscale flame retardants

Organohalogen flame retardants

Prohibition

Prohibition of sell or offer for sale of covered products or its components containing intentionally added covered flame retardants individually or in combination that is of any of the following:  

  • At or above levels set by the department in regulation; or
  • Intentionally added 

Prohibition of sell or offer for sale of covered products containing intentionally added covered flame retardants that is of any of the following:  

  • At or above levels set by the department in regulation; or
  • Intentionally added 

Reporting  obligation

Not applicable

No electronic displays can be sold unless the manufacturer submit an annual report to the relevant New York authorities identifying all of the organohalogen flame retardants used in the enclosure or stand of the electronic displays.

Date of Application

1 December 2024*

Prohibition: 1 December 2024 

Reporting obligation: 31 December 2022

Remark: Beginning on 1 December 2025, custom upholsterers in the state would be banned from repairing, reupholstering, recovering, restoring or renewing upholstered furniture or reupholstered furniture using replacement components containing an intentionally added covered flame retardant.

 

 

[1]  New York Bill S4630

[2]  New York Bill S7737

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