Connecticut Seal

General Assembly

 

Raised Bill No. 5404

February Session, 2016

 

LCO No. 1662

 

*01662_______PS_*

Referred to Committee on PUBLIC SAFETY AND SECURITY

 

Introduced by:

 

(PS)

 

AN ACT CONCERNING TOXIC FLAME RETARDANT CHEMICALS IN CHILDREN'S PRODUCTS AND 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 primarily designed or intended by a manufacturer to be used by or for a child twelve years of age or younger, including any article used as a component of such a product. Children's product shall not include a food, beverage, dietary supplement, pharmaceutical product or biologic, 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, a medical device as defined in 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) "Flame retardant chemical" means decabromodiphenyl ether, hexabromocyclododecane, TDCPP, TDCP, TCEP or TCPP.

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

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

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

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

(b) On and after July 1, 2019, no manufacturer, wholesaler or distributor 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 one thousand parts per million in any product component, flame retardant chemicals.

(c) On and after July 1, 2020, no retailer may sell or offer for sale or use in this state a children's product or upholstered residential furniture containing, in amounts greater than one thousand parts per million in any product component, flame retardant chemicals.

(d) The provisions of this section shall not apply to the sale or offer for sale of any previously owned children's product or upholstered residential furniture containing flame retardant chemicals.

(e) A manufacturer shall not replace a flame retardant chemical whose use is prohibited under this section with a chemical 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 or cause other developmental toxicity, cause cancer, genetic damage or reproductive harm, disrupt the endocrine or hormone system, or damage the nervous system, immune system or organs, or cause other systemic toxicity.

(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 and furniture 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.]