Connecticut Seal

General Assembly

 

Raised Bill No. 5299

February Session, 2016

 

LCO No. 1471

 

*01471_______KID*

Referred to Committee on COMMITTEE ON CHILDREN

 

Introduced by:

 

(KID)

 

AN ACT CONCERNING TOXIC FLAME RETARDANT CHEMICALS IN CHILDREN'S PRODUCTS AND UPHOLSTERED RESIDENTIAL FURNITURE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2016) (a) For the purposes of this section:

(1) "Children's product" means a product, or article used as a component of a product, designed or intended primarily for use by or for children twelve years of age or younger, including, but not limited to, clothing, toys, nursing pillows, crib mattresses, changing pads and strollers. Children's products shall not include food, beverages, dietary supplements, pharmaceutical products and biologics, children's toys that are subject to the most recent version of the American Society for Testing and Materials F963, Standard Consumer Safety Specification for Toy Safety, devices as defined by the federal Food, Drug and Cosmetic Act, 21 USC 321(h) or products governed by federal motor vehicle standards contained in 49 CFR 571.213 and 49 CFR 571.302;

(2) "Upholstered residential furniture" means furniture with padding, coverings and cushions intended and sold for use in the home or places of lodging.

(3) "TDCPP" and "TDCP" means (tris(1,3-dichloro-2-propyl)phosphate);

(4) "TCEP" means (tris(2-chloroethyl)phosphate); and

(5) "TCPP" means tris(1-chloro-2-propyl)phosphate.

(b) On and after July 1, 2018, no person may manufacture, offer or distribute for sale, sell or distribute for use in this state a children's product or upholstered residential furniture containing, in amounts greater than .01 per cent by weight, the flame retardant chemicals decabromodiphenyl ether, hexabromocyclododecane, TDCPP, TDCP, TCEP and TCPP.

(c) On and after July 1, 2019, no person may sell or offer for sale or use in this state a children's product or upholstered residential furniture containing, in amounts greater than .01 per cent by weight, the flame retardant chemicals listed in subsection (b) of this section.

(d) The provisions of subsections (b) and (c) of this section shall not apply to an individual who, for personal, family or household purposes, offers for resale, resells or distributes children's products or upholstered residential furniture.

(e) A manufacturer shall not replace a flame retardant chemical listed in subsection (b) of this section with a chemical that has been identified, on the basis of credible scientific evidence published in peer-reviewed scientific literature generally recognized by the relevant scientific community, to harm the normal development of a fetus or child, harm normal development, cause cancer, cause genetic damage or reproductive harm, disrupt the endocrine system, damage the nervous system, immune system or organs or cause other systemic toxicity, be persistent, bioaccumulative and toxic or be very persistent and very bioaccumulative.

(f) The Commissioner of Consumer Protection shall, within available appropriations, enforce the provisions of this section.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

New section

Statement of Purpose:

To prevent the manufacture, sale and distribution of children's products containing certain flame retardant chemicals.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]