Regulatory News

New York Enacts S04630 Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Enclosures
 

Jan. 14 2022

New York has enacted a law, S04630, cited as the “family and fire fighter protection act,” and also amends, Article 37 of the environmental conservation law by adding a new title 10 known as “The Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Enclosures.” 

• Beginning on December 31, 2022, no electronic display shall be sold unless the manufacturer has submitted an annual report to the department identifying all the flame retardants in the enclosure or stand. 
• Beginning on January 1, 2023 a custom upholsterer shall not repair, recover, and restore upholstered furniture using replacement components that contain any intentionally added covered flame retardant chemical, individually or in combination. 
• Beginning on January 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 intentionally added covered flame retardant chemical, individually or in combination. 
• Beginning January 1, 2024 also, no person shall sell or offer for sale any electronic display that contains an intentionally added organohalogen flame retardant chemical in the enclosure or stand of an electronic display. In addition, Beginning one year after the effective date of this title, no electronic  display  shall  be sold in the state unless the manufacturer has submitted an annual report to the  department  identifying  all  of  the flame  retardants used  in  the  enclosure  or  stand of the electronic display in a form determined by the department. 

Covered chemical flame retardants restricted under this law include the following:
1. Chemical to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire. 
2. Chemical is one of the following: halogenated (contains one or more halogen elements, including fluorine, chlorine, bromine or iodine), organophosphorus (contains one or more carbon elements and one or more phosphorus elements), organonitrogen (contains one or more carbon elements and one or more nitrogen elements), or nanoscale chemical.
3. Organohalogen flame retardant chemical contains one or more halogen elements, including fluorine, chlorine, bromine or iodine, bonded to carbon. 
4. Acceptable flame retardant limits are not defined in this law. 

The law specifically does not apply to:
1. Electronic components of mattresses, reupholstered furniture, or upholstered furniture, or any associated casing for such electronic components.
2. Upholstered or reupholstered furniture components other than those identified in subdivision seven of section 37-1001 of this title.
3. Thread or fiber when used for stitching mattress components together.
4. The natural fibers wool, silk, and other animal fibers whether used singly or in combination with other materials.
5. Textiles made using modacrylic fiber components without antimony trioxide when used internally as a barrier material in a memory foam or gel foam mattress or aramid fibers when used in the fabric that covers the bottom (non-sleep surface) of a mattress that has a sleeping surface on only one side of the mattress. This exemption shall expire on January first, two thousand twenty-six.

To view the law:  https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S04630&term=2021&Summary=Y&Actions=Y&Text=Y 

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