The governor of the US state of New Hampshire has signed into law a new act that restricts the use of flame retardants in residential upholstered furniture. 

Signed on September 3, 2019, SB 193 – ‘An Act Prohibiting the Sale of Certain Furniture and Carpeting with Flame Retardants’ – will restrict flame retardants to no more than 0.1% for each flame retardant. This includes mixtures that contain flame retardant chemicals.

The new act will come into effect on:

• January 1, 2020 for manufacturers
• January 1, 2021 for wholesalers and retailers (upholstered furniture acquired before this date is exempt)

Exempt from the provisions of the act are:

• Second hand upholstered furniture, including antique residential upholstered furniture
• Furniture for public use in public facilities (which may need to meet other flammability requirements)
• Furniture containing electrical or electronic components
• Mattresses

If a residential upholstered furniture product meets the following criteria, it is deemed to already meet the requirements:

• California Business and Professions Code §19101, as amended, with accompanying certificate or bearing a label
• Bears the ‘contain NO added flame retardant chemicals’ label according to California Business and Professions Code §19094 (2014)

The signing of the bill will create a completely new Chapter 359-Q in ‘Title XXXI: Trade and Commerce’ under the laws of New Hampshire.

The act requires manufacturers to provide a certificate of compliance within 30 days, if it is requested by the attorney general. Stakeholders are now advised to make sure their residential upholstered furniture complies with the provisions of the new law.

New Hampshire is just the latest US jurisdiction to regulate flame retardants in consumer products. Others include: Anchorage (Alaska), California, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New York, Oregon, Rhode Island, San Francisco, Vermont, Washington and Washington D.C. These regulations differ in terms of scope, depending on the jurisdiction, although some have a blanket ban.

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Dr Hingwo Tsang

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