Connecticut Seal

General Assembly

 

Substitute Bill No. 5299

    February Session, 2016

 

*_____HB05299KID___030816____*

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 July 1, 2018) (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" does not include food, beverages, dietary supplements, pharmaceutical products, biologics, consumer electronics, off-highway motorcycles, all-terrain vehicles, children's toys that are subject to the most recent version of the ASTM 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" or "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 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, 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, uses, 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 in a children's product or upholstered residential furniture 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

July 1, 2018

New section

Statement of Legislative Commissioners:

In Section 1(c), "sell or offer for sale or for use" was changed to "sell, offer for sale or use" for accuracy, and in Section 1(e), "in a children's product or upholstered residential furniture" was added for conformity and accuracy.

KID

Joint Favorable Subst.