2019 -- H 5424

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LC001008

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PROTECTION OF CHILDREN, FAMILIES AND

FIREFIGHTERS--FLAME RETARDANTS

     Introduced By: Representatives Kazarian, Casimiro, Alzate, Shanley, and Barros

     Date Introduced: February 14, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 26.1

PROTECTION OF CHILDREN, FAMILIES AND FIREFIGHTERS FROM HARMFUL

FLAME RETARDANTS

     23-26.1-1. Definitions.

     As used in this chapter, the following words shall, unless the context clearly requires

otherwise, have the following meanings:

     (1) "Bedding" means any residential or commercial bedding material including, but not

limited to, a mattress, mattress pad, mattress cover, sheeting, pillow, blanket, comforter, duvet

cover, sleeping bag or any other stuffed item intended to be used for reclining or sleeping.

     (2) "Carpeting" means residential or commercial fabric floor covering, including carpet

padding.

     (3) "Children's product" means a consumer product intended, made or marketed for use

by children twelve (12) years of age or under. For the purposes of this section, "children's

product" shall not include:

     (i) Batteries;

     (ii) Inaccessible components of a consumer product that, during a reasonably foreseeable

use and abuse of the children's product, would not come into direct contact with a child's skin or

mouth; and

     (iii) Consumer electronic and electrical products, including, but not limited to, personal

computers, audio and video equipment, calculators, wireless telephones, game consoles, power

cords, electric chargers and hand-held devices incorporating a video screen used to access

interactive software and associated peripherals.

     (4) "Covered product" means bedding, carpeting, children's product, residential

upholstered furniture or window treatment.

     (5) "Department" means the department of business regulation.

     (6) "Engineered nanoobject" means a material with one, two (2) or three (3) external

dimensions in the nanoscale.

     (7) "Manufacturer" means a person or entity that produces, imports or distributes covered

products.

     (8) "Nanoscale" means a size range from approximately one nanometer to one hundred

(100) nanometers.

     (9) "Residential upholstered furniture" means seating or other upholstered products

intended for indoor or outdoor use in or at a home or other dwelling intended for residential

occupancy that consists in whole or in part of resilient cushioning materials enclosed within a

covering consisting of fabric or other textile. For the purposes of this chapter, "residential

upholstered furniture" shall not include furniture for which the core functionality depends upon

the utilization of electric or electronic components subject to various underwriters' laboratories

other comparable flammability standards, including, but not limited to, massage chairs, assisted

lift chairs and home theater seating.

     (10) "Retailer" means a person or entity that offers a product for sale at retail through any

means including, but not limited to, remote offerings such as sales outlets, catalogs or the

Internet, but shall not include a sale that is a wholesale transaction with a distributor or a retailer.

     (11) "Window treatment" means residential or commercial curtain materials, blinds or

shades.

     23-26.1-2. Prohibition of sale of products containing flame retardants.

     (a) A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in

commerce or import into this state a covered product, except for inventory manufactured prior to

January 1, 2020, that contains any of the following chemical flame retardants or a chemical

analogue the total weight of which exceeds one thousand parts per million (1,000 ppm) for any

component part of the covered product:

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     (1) Tris(l,3-dichloro-2-propyl)phosphate (TDCPP) (Chemical Abstracts Service number

13674-87-8);

     (2) Tris(2-chloroethyl)phosphate (TCEP) (Chemical Abstracts Service number 115-

1496-8);

     (3) Antimony trioxide (Chemical Abstracts Service number 1309-64-4);

     (4) Hexabromocyclododecane (HBCD) (Chemical Abstracts Service number 25637-99-4;

     (5) Bis(2-Ethylhexyl)-3,4,5,6- tetrabromophthalate (TBPH) (Chemical Abstracts Service

number 26040-51-7);

     (6) 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB) (Chemical Abstracts Service

number 183658- 27-7);

     (7) Chlorinated paraffins (Chemical Abstracts Service number 85535-84-8);

     (8) Tris(l-chloro-2-propyl) phosphate (TCPP) (Chemical Abstracts Service number

13674-84-5);

     (9) PentaBDE (Chemical Abstracts Service number 32534-81-9);

     (10) OctaBDE (Chemical Abstracts Service number 32536-52-0);

     (11) Tetrabromobisphenol A (TBBPA) (Chemical Abstracts Service number 79-94-7); or

     (12) Any other chemical flame retardants specified by the department pursuant to § 23-

26.1-3.

     23-26.1-3. Continuous monitoring required.

     (a) Every three (3) years the department shall, in consultation with the department of

environmental management (DEM), review, identify and recommend other chemical flame

retardants that should be prohibited under § 23-26.1-2; provided, however, that the department

shall demonstrate that the chemical flame retardant is known to:

     (1) Harm the normal development of a fetus or child or cause other developmental

toxicity;

     (2) Cause cancer, genetic damage or reproductive harm;

     (3) Disrupt the endocrine system;

     (4) Damage the nervous system, immune system or an organ or cause other systemic

toxicity; or

     (5) Is found to be a persistent, bioaccumulative and toxic.

     (b) If the department determines that a chemical flame retardant meets the conditions of

this section, it shall promulgate rules to restrict the manufacture, sale, distribution in commerce or

importation of any children's product or residential upholstered furniture containing the chemical

flame retardant within nine (9) months after making such determination. A manufacturer or

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retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into this

state any covered product, except for inventory manufactured prior to the effective date of the

promulgated rule, that contains the chemical flame retardant in a total weight that exceeds one

thousand parts per million (1,000 ppm) for any component part of the covered product; provided,

however, that if the chemical flame retardant is an engineered nanoobject, a manufacturer or

retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into this

state any covered product, except for inventory manufactured prior to the effective date of the

promulgated rule, that contains the chemical flame retardant in any amount.

     23-26.1-4. Applicability.

     (a) This chapter shall not apply to:

     (1) Motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles or

any component parts; or

     (2) The sale or purchase of any previously-owned product containing a chemical flame

retardant prohibited under this chapter.

     (b) Sections 23-26.1-1 through 23-26.1-3, inclusive, shall not apply to the sale, purchase,

lease, distribution or use of any covered product manufactured before January 1, 2020, or any

covered product that contains chemicals prohibited under this chapter due to the presence of

recycled materials used during the manufacture of the product covered.

     23-26.1-5. Penalties.

     (a) A manufacturer or retailer who violates the provisions of § 23-26.1-2, or any

regulations promulgated thereunder, shall be subject to the following civil penalties:

     (1) For the first violation, a fine of not more than one hundred dollars ($100) per covered

product, not to exceed a total of five thousand dollars ($5,000);

     (2) For the second violation, a fine of not more than two hundred fifty dollars ($250) per

covered product, not to exceed a total of twenty-five thousand dollars ($25,000); and

     (3) For the third or subsequent violation, a fine of not more than one thousand dollars

($1,000) per covered product, not to exceed a total of fifty thousand dollars ($50,000).

     (b) For purposes of calculating a penalty under subsection (a) of this section, a collection

of covered products that are sold as a set shall constitute one covered product.

     (c) A manufacturer or retailer who knowingly violates the provisions of this chapter shall

be subject to a civil penalty equal to three (3) times the amount of the fine imposed for such

violation pursuant to subsection (a) of this section.

     (d) A civil penalty for a violation of the provisions of this chapter imposed pursuant to

subsection (a) of this section shall be waived by the department if the department determines that

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a manufacturer or retailer acted in good faith to be in compliance with this chapter, pursued

compliance with due diligence and promptly corrected any noncompliance after discovery of the

violation.

     23-26.1-6. Rules and regulations.

     The department may promulgate such rules and regulations as it deems necessary to

implement this chapter.

     23-26.1-7. Labeling.

     The department may establish a labeling program for any covered product that meets

relevant fire safety standards and does not contain a chemical flame retardant prohibited by § 23-

26.1-2.

     23-26.1-8. Notice to retailers.

     A manufacturer of a covered product as defined in § 23-26.1-1 that contains a chemical

flame retardant prohibited by § 23-26.1-2 shall provide notice to retailers and other persons that

sell covered products in this state of the contents of this chapter on or before September 1, 2019.

     SECTION 2. Chapter 23-26 of the General Laws entitled "Bedding and Upholstered

Furniture" is hereby amended by adding thereto the following section:

     23-26-3.2. Sale prohibition. [Effective January 1, 2020.].

     (a) Beginning on January 1, 2020, no manufacturer, wholesaler, or retailer may

manufacture, knowingly sell, offer for sale, or distribute for use in this state any residential

upholstered bedding or furniture, which contains one thousand parts per million (1,000 ppm) or

greater of any organohalogen flame retardant chemical. This class includes any chemical

containing the element bromine or chlorine bonded to carbon that is added to a plastic, foam, or

textile.

     (b) A manufacturer of products that are banned from sale under this section must notify

persons or entities that sell the manufactured products in this state about the provisions of this

section on or before September 1, 2019.

     SECTION 3. This act shall take effect on January 1, 2020.

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LC001008

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- PROTECTION OF CHILDREN, FAMILIES AND

FIREFIGHTERS--FLAME RETARDANTS

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     This act would protect the health and safety of children, families and firefighters from

exposure to harmful flame retardants contained in bedding, carpeting, children's products,

residential upholstered furniture or window treatments.

     This act would take effect on January 1, 2020.

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LC001008

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