In April 2021, Massachusetts’ flame retardants in certain products law became effective. Within Acts of 2020, Chapter 261, adding Section 28 to Chapter 21A of the Massachusetts General Laws, it was required to hold a public hearing and create regulations related to the law. The regulation has now been published based on public comment and Department of Environmental Protections’ (MassDEP) response to these comments.
The regulation keeps the law largely the same as the original version. However, some clarification and comments are made by the regulation based on the comments received.
- Window Treatments - The definition of “window treatments” is updated to clarify that both residential and commercial window treatments are included and the law would only apply to those used in interior spaces.
- Within the comments, the MassDEP noted that hospital curtains that separate patient beds are not included in the scope as they are not used for windows.
- Car seats and Child Restraint Systems - Clarification is included in the comments that the exemption for motor vehicles and their components refers to parts that would not include removeable parts such as car seats or child restraint systems. These would need to comply with the law as they are considered children’s products and not covered under the exemption.
- Upholstered Furniture – Confirmation is given that the law only applies, by definition, to residential upholstered furniture. Commercial furniture is not included in the scope of the law.
- Antimony Trioxide – This flame retardant remains on the list of covered flame retardants.
- Several commenters asked for this to be removed or for an extension to give more time to look for alternatives, particularly in the window treatments sector. This list is statutory and cannot be removed without amendment to the laws through the Legislature.
For more information, see link for full details:
Massachusetts 310 CMR 78.00: Ban of Covered Products Containing Certain Flame Retardants (page includes links to the final regulations and MassDEP response to public comments)
https://www.mass.gov/regulations/310-CMR-7800-ban-of-covered-products-containing-certain-flame-retardants#flame-retardants-law
BV Bulletin for details of the original law: https://www.cps.bureauveritas.com/newsroom/massachusetts-restricts-flame-retardants-bedding-furniture-window-treatments-carpeting-and
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