SECTION 1.
The Legislature finds and declares all of the following:(a) The State of California has found that flame retardant chemicals are not needed to provide fire safety. The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (hereafter bureau) is charged with developing state flammability standards for adoption via regulation. From 1975 to 2013, flame retardant chemicals were commonly used in upholstered furniture to meet flammability standard, Technical Bulletin 117 (TB-117). In 2013, California updated its flammability standard with the adoption of Technical Bulletin 117-2013 (TB 117-2 but it is 520
013). Compliance with TB 117-2013 is widely being achieved without the use of flame retardant chemicals. However, some product manufacturers still use flame retardant chemicals in upholstered furniture and juvenile products, even though these chemicals are not necessary for fire safety or compliance with TB 117-2013.
(b) In 2013, the bureau exempted 18 juvenile products from having to meet any flammability standard because the bureau determined that these products “are not prone to cause or sustain a serious fire if ignited.” The following types of juvenile products that are exempted from state flammability standards include bassinets, highchair pads, nursing pads, booster seats, infant bouncers, nursing pillows, car seats, infant carriers, playpen side pads, changing pads, infant seats, playards, floor play mats, infant
swings, portable hook-on chairs, highchairs, infant walkers, and strollers.
(c) In 2017, the United States Consumer Product Safety Commission issued a guidance document based on the overwhelming scientific evidence presented to the commission to alert the public to serious concerns about the toxicity of organohalogen flame retardants added to children’s products, furniture, mattresses, and plastic casings surrounding electronics. The commission requested that manufacturers eliminate the use of these chemicals in their products. It also recommended that retailers obtain assurance from manufacturers that their products do not contain these chemicals and that consumers, especially those who are pregnant or with young children, avoid products containing these chemicals.
(d) Scientists have found that many of the flame retardant chemicals commonly used in furniture exhibit one or more of the key characteristics of a class of synthetic chemicals commonly
referred to as Persistent Organic Pollutants (POPs). These chemicals accumulate in our bodies and in the environment; persist in the environment for long periods of time; are capable of long-range transport, and are toxic to humans and animals. Flame retardant chemicals have been found in remote regions such as the Arctic and in deep sea life. Flame retardant chemicals have been detected in the atmosphere, seawater, freshwater, sediments, and a variety of wildlife.
(e) Firefighters are at particular risk from flame retardant chemicals. Numerous studies document increased cancer rates and deaths amongst firefighters due to occupational exposures. The cancers that are elevated in firefighters include four types (multiple myeloma, non-Hodgkin’s lymphoma, prostate, and testicular) that are potentially related to exposure to cancer-causing
chemicals called dioxins. Dioxins are formed when products burn in a fire and the presence of flame retardant chemicals can result in more toxic smoke containing dioxins and furans to which firefighters are exposed. Studies have found firefighters’ blood levels of certain flame retardants to be three times higher than levels in other Americans, and twice as high as levels among California residents.
(f) Children living in California have some of the highest documented blood concentrations of certain flame retardant chemicals compared to other children in the United States. Scientists recognize the urgency to reduce of reducing the exposure of vulnerable populations,
particularly young children, to flame retardant chemicals. A consensus statement issued by the Project Targeting Environmental Neuro-Developmental Risks (Project TENDR) found that certain flame retardant chemicals are associated with loss of IQ, attention problems, and other developmental problems in children. children, and called for action to reduce exposures to toxic chemicals, such as flame retardants, that contribute to the prevalence of neurodevelopmental disabilities in children.
(g) Flame retardant chemicals migrate out of these products over the
their lifetime of the product and end up in household dust. Inhalation and ingestion of indoor dust, often from hand to mouth behaviors, is a common route of human exposure to flame retardant chemicals. Studies have shown that indoor dust contains anywhere from 1.5 to 50 times greater concentration of flame retardant chemicals than the outdoor environment. Given that humans spend 90 percent of their time indoors, human exposure to flame retardant chemicals can be significant. Children have been found to have three to five times higher levels of certain flame retardant chemicals than their mothers.
(h) The federal government has failed to adequately regulate the use of flame retardant chemicals. In 2016, Congress passed the Frank R.
Lautenberg Chemical Safety for the 21st Century Act (Public Law 114-182), which adds to the responsibilities of the United States Environmental Protection Agency (EPA) under the federal Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) to assess and regulate chemicals. The EPA has yet to restrict use of any flame retardant chemicals under this enactment.
(i) In the absence of federal action, California and other states have taken steps to limit or ban the use of certain flame retardant chemicals. In 2017, the State of Maine passed legislation that prohibits the sale of residential upholstered furniture containing flame retardants. In fall of 2017, the City and County of San Francisco passed an ordinance that prohibits the sale of upholstered and reupholstered furniture as well as children’s products containing flame retardant
chemicals. The State of Rhode Island also passed legislation that will ban the sale of furniture or residential upholstered bedding with any added organohalogen flame retardants.
(j) Studies demonstrate that mattresses also contribute significantly to the flame retardant levels in indoor air and dust. Studies also find that removing flame-retarded products from indoor environments reduces air and dust contamination. Therefore, decreasing the amount of flame-retarded products in buildings would result in decreased human exposures.
(k) While many categories of products and materials that are not covered by this act contain flame retardant chemicals, which pose health risks, as
risks—as the United States Consumer Product Safety Commission has recognized, this for example—this act takes an incremental approach to addressing these health risks and focuses on those categories of products and materials that with which the bureau has prior experience in addressing the presence of flame retardant chemicals.