New York Amends Environmental Conservation Law in Relationship to Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Enclosures

New York has amended Title 10 of Article 37 under Bill No. S07737. This was recently added under enacted law, S04630, The Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Enclosures.” 

• Beginning on January 24, 2023, no electronic display shall be sold unless the manufacturer has submitted an annual report to the identifying all of the organohalogen flame retardant used in the enclosure or stand of the electronic display in a form determined by the department. 

• Beginning on December 1, 2024, no person shall sell or offer for sale in the state of New York any new, not previously owned upholstered furniture or mattress, that contains, or a constituent component of which contains, any covered flame retardant chemical, individually or in combination that is at or above levels set by the department in regulation or intentionally added.  

• Beginning December 1, 2024 also, no person shall sell or offer for sale any electronic display that contains in the enclosure or stand of an electronic display any organohalogen flame retardant chemical at or above levels set by the department in regulation or intentionally added.  

• Beginning on December 1, 2025 a custom upholsterer shall not repair, recover, and restore upholstered furniture using replacement components that contain any covered flame retardant chemical, individually or in combination that is at or above levels set by the department in regulation or intentionally added. 

Covered chemical flame retardants restricted under this law include the following:
Organohalogen flame retardant chemical includes a chemical that 
    a. Its function use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire and
    b. Contains one or more halogen elements, including fluorine, chlorine, bromine or iodine, bonded to carbon. 

Also, a new section has been added to the updated law and been approved. The amended section is Section 37-1011 which requires manufacturers to provide a certificate that the covered products meet the requirement so they will not be held in violation. The Certificate of Compliance (COC) shall state that the covered product is in compliance with the requirements or is under an exemption stating the specific exemption.  The certification must be signed by an authorized official of the manufacturer. 

To view the law:  https://assembly.state.ny.us/leg/?default_fld=&leg_video=&bn=S07737&term=&Summary=Y&Actions=Y&Text=Y 

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