Business

California Amends Flame Retardant and Mattress Fibers Law

Jan. 3 2024

California has passed AB1059, which amends existing Sections 19101 and 19103 of the Business and Professions Code, as well as adds Section 19101. The law is related to flame retardant restrictions in juvenile products, mattresses and upholstered furniture. The amendments add exemptions for certain types of components and fibers and additional restrictions related to the use of ‘textile fiberglass.’

Amendments to existing Law

The amendment added two fiber exemptions to the prohibition of flame retardants:
- Aramid fiber when used in interior fabric of a mattress or in fabric that covers the bottom (non-sleep surface) of a mattress that has a sleeping surface on only one side of the mattress.
- Modacrylic fiber without antimony trioxide or other covered flame retardant chemicals.

For modacrylic fiber without antimony trioxide, the law requires the International Sleep Products Association submit a qualitative health risk assessment from an independent board-certified toxicologist. This must be submitted on or before October 1, 2025. It will then be posted on the bureau website.

These exemptions do not restrict or prohibit the authority of the Department of Toxic Substances Control (DTSC) to designate any products containing covered flame retardants as priority products under the Safer Consumer Products Program. If DTSC took this action to make it a priority product, the exemption would no longer apply as of the posting date.

Added Requirements Section

In addition, the amendment adds a ban on textile fiberglass being used in juvenile products, mattresses, or upholstered furniture as of January 1, 2027. Custom upholsterers are not allowed to repair, reupholster, restore or renew these products using replacement components that contain textile fiberglass as of the same date.

“Textile fiberglass” is defined as textile yarns whose composition includes one or more continuous glass filaments in a form suitable for knitting, weaving, or otherwise intertwining to form a textile fabric, but does not include:

  • thread or fiber when used for stitching mattress components together, or
  • yarns in which the glass filaments are corespun or sheathed by another fiber.

Link to as amended:
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202320240AB1059&showamends=false 

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