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USA: New hampshire bans flame retardants in upholstered furniture

SEPTEMBER 2019 - Relevant for: HARDLINES, SOFTLINES

New Hampshire Governor signed Bill SB193¹ into law, prohibiting the sale or import of upholstered furniture if its fabric or covering or its cushioning materials with a flame retardant or a mixture containing flame retardant chemicals over 0.1%.

This legislation took effect from 3 September 2019. However, this does not apply to new upholstered furniture manufactured before 1 January 2020 and the products imported or purchased by a retailer or wholesaler before 1 January 2021.

Regulated flame retardants are any chemical or chemical compound with a functional use to resist or inhibit the spread fire, including but not limit to:

• halogenated,
• phosphorus-based,
• nitrogen-based and
• nanoscale substances.  

The law also allows the attorney general to request for a certificate of compliance.  Within 30 days, the manufacturer of upholstered furniture shall provide a certificate declaring the product in compliance or notify retailers who sell the incompliant product and submit to the attorney general the name and addresses of retailers.

Exemptions of the law includes:

• Used upholstered furniture,
• Upholstered furniture which includes electronic or electric components,
• Mattresses,
• Upholstered furniture purchased for public use,
• New upholstered furniture manufactured before 1 Jan 2020 and
• New upholstered furniture imported or purchased by retailer or wholesaler on or before 1 Jan 2021

[1] Bill SB193