SGS : New York State, USA, Bans Flame Retardants in Certain Goods

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.

SAFEGUARDS | Consumer ProductsNO. 008/22

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
Halogenated Organophosphorus Organonitrogen Nanoscale chemicals	Upholstered furniture Reupholstered furniture	Custom upholsterer is prohibited from using intentionally added FR-containing replacement components to repair, reupholster, re-cover, restore, or renew products	January 1, 2023
	Upholstered furniture Mattresses	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: All-in-one video conference systems Displays that are integrated with appliances and are not available for purchase as separate products by end-users Electronic displays with a screen ≤ 100 cm² (15.5 inches2) Projectors and virtual reality headsets

Table 1

It is important to note that New York State also regulates the following flame retardants:

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