Maryland Makes Changes to Flame Retardant Laws

Jan. 4 2024

Maryland has amended the ‘Prohibition of Child Care Products Containing TCEP or TDCPP’ to update the definition of child care products. This change is related to the addition of the ‘Prohibition of Consumer Products Containing Flame-Retardant Chemicals’ and to help avoid overlap in the product scope for these requirements.

The existing Prohibition of Child Care Products Containing TCEP or TDCPP has been amended to update the definition of child care products. The revised definition removes nursing pillows, crib mattresses, and strollers and notes that it does not include a product regulated under the new section of the law summarized below.

The updated Prohibition of Consumer Products Containing Flame-Retardant Chemicals prohibits the import, sale, or offering for sale of juvenile products, mattresses, upholstered furniture, or reupholstered furniture containing more than 0.1 percent of flame-retardant chemical by mass. It does not apply to second hand or resold items.

Definitions:
“Flame-retardant chemical” - a chemical that used to resist or inhibit the spread of fire or act as a synergist to chemicals that resist or inhibit the spread of fire, including any chemical for which the term “flame retardant” appears on a safety data sheet developed in accordance with 29 CFR §1910.1200(g) and is a nanoscale chemical or has one or more of the following properties:

Contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine;
Contains one or more carbon elements and one or more phosphorus elements; and/or
Contains one or more carbon elements and one or more nitrogen elements.

“Juvenile product” - consumer product intended for use by a child younger than 12 years old including:

bassinet, booster seat, changing pad, children’s nap mat, floor playmat, high chair, high chair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, and stroller.

and not including:

Product not primarily intended for use in the home, including a product that is, or is a component part of, a motor vehicle, a watercraft, an aircraft, or any other vehicle;
Product regulated under 49 CFR Part 571;
Consumer electronic product; or
Child care product regulated under Health-General Article, §24-306, Annotated Code of Maryland, or COMAR 10.19.07.

"Mattress” follows definition in 16 CFR § 1632.1.

“Upholstered furniture” - furniture that includes filling materials, barrier materials, decking materials, or cover fabrics.

Link to the Maryland Register (December 15, 2023) approving amendments and additions:
https://2019-dsd.maryland.gov/MDRIssues/5025/Assembled.aspx#_Toc153201510

Link to Maryland Register (June 30, 2023) outlining the changes:
https://2019-dsd.maryland.gov/MDRIssues/5013/Assembled.aspx

View BV Bulletin for Original Law:
Maryland Restricts Flame Retardants in Furniture, Mattresses, and Juvenile Products (June 2020) https://www.cps.bureauveritas.com/newsroom/maryland-restricts-flame-retardants-furniture-mattresses-and-juvenile-products

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