AN ACT CONCERNING THE USE OF 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 product" shall 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 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; and

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

(b) On and after July 1, 2019, no manufacturer, wholesaler or retailer may manufacture, knowingly sell, offer for sale or distribute for use in this state any children's product or upholstered residential furniture that contains one hundred parts per million or greater of any organohalogen flame retardant chemical, including, but not limited to, chemicals containing the element bromine and chlorine bonded to a carbon that is added to a plastic, foam or textile.

(c) Not later than April 1, 2019, a manufacturer of a children's product or upholstered residential furniture prohibited from manufacture, sale or distribution pursuant to subsection (b) of this section shall notify persons or entities that sell such manufacturer's products or furniture in this state of the provisions of this section.

(d) The provisions 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.

Statement of Purpose:

To prohibit the sale and distribution of children's products and upholstered residential furniture containing organohalogen 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.]