California Bans Sale of Upholstered Products Containing FRs Above 1000ppm
Link Between Flame Retardants and Various Health Problems
In passing the bill, the Legislature cited proof that flame retardants do little to increase fire safety, and expressed concerns about the link between flame retardants and various health problems, such as developmental problems in children and cancer.
Implementing Rules and Regulations
The law needs the International Sleep Products Association to survey mattress producers every three years to determine what materials are being used to meet flammability standards.
The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation is sanctioned to enforce the new law and adopt implementing rules and regulations.
California is one of a number of states that have banned flame retardants or specific chemicals commonly used in FRs.
San Francisco’s Flame Retardant Ban to Take Effect
On January 1, 2019, San Francisco’s similar ban on sale of upholstered furniture and juvenile products containing flame retardants goes into effect
From next year, it will be prohibited to sell upholstered furniture, reupholstered furniture, or juvenile products which have been made with, or contain a flame retardant chemical at a level above 1, 000 parts per million.
The same ban goes into effect on July 1, 2019 for similar products that have electrical or electronic components.
In addition to banning the sale of products with added flame retardants, the San Francisco ordinance includes labeling requirements for all upholstered furniture and children’s products sold in the city.
The products must be affixed with labels that state that the item does not contain the flame retardants.
The labels required by San Francisco’s ordinance are the same as those currently required under California’s SB 1019, but the label must be marked to indicate that the upholstery materials contain NO added flame retardant chemicals.
Penalties for Violation
Penalties for violation of the ordinance may not exceed $1,000 per day per violation, with each day constituting a separate violation, and each product for sale also constituting a separate violation. In determining the appropriate penalty, the Director or the court will consider “the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.”