Bill Text: DE HB44 | 2015-2016 | 148th General Assembly | Draft


Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Flame Retardants.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2015-04-28 - Amendment HA 1 - Introduced and Placed With Bill [HB44 Detail]

Download: Delaware-2015-HB44-Draft.html


SPONSOR:

Rep. Kowalko & Sen. Sokola

 

Reps. Baumbach, Lynn, Mitchell, M. Smith, Wilson

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 44

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FLAME RETARDANTS.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.Amend Title 16 of the Delaware Code by inserting a new Chapter 105 as shown by underlining as follows:

CHAPTER 105.PROHIBITION ON HARMFUL FLAME RETARDANTS

10501.Definitions.

As used in this chapter:

(1) "Children's product" means a consumer product intended for, made for, or marketed for use by children 12 years of age or under.

(2) "Chemical of high concern" means a chemical identified by the Department pursuant to 10603 of this title:

(3) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product containing TRIS.

(4) "Residential upholstered furniture" means residential seating products intended for indoor use in 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 related materials.

(5) "Retailer" means a person who 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 does not include a sale that is a wholesale transaction with a distributor or a retailer.A retailer does not include a person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that both manufactures and sells a product at retail.

(6) "TRIS" means TDCPP (tris(1,3-dichloro-2- propyl)phosphate), chemical abstracts service number 13674-87-8, as of the effective date of this section, TCEP (tris(2-chloroethyl) phosphate), chemical abstracts service number 115-96-8 as the effective date of this section or TCPP (tris(2-chloro-1-methylethyl)phosphate (TCPP), chemical abstracts service number 13674-84-5), as of the effective date of this section.

10502. Prohibitions.

(a) Beginning July 1, 2015, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, children's products or residential upholstered furniture, containing TRIS in amounts greater than fifty parts per million in any product component.

(b) Beginning July 1, 2016, no manufacturer, wholesaler, or retailer may manufacturer, knowingly sell or offer for sale, distribute for sale, or distribute for use in this state, children's products or residential upholstered furniture containing flame retardants that are chemicals of high concern.

(c) The sale or purchase of any previously owned product containing a chemical restricted under this chapter made in casual or isolated sales, or by nonprofit organizations, is exempt from this section.

10503. Notifications.

A manufacturer of products containing TRIS or chemicals of high concern that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.

10504.Penalties.

A manufacturer of products containing TRIS or chemicals of high concern in violation of this chapter is subject to a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense.Manufacturers who are repeat violators are subject to a civil penalty not to exceed five thousand dollars for each repeat offense.Penalties collected under this section will be deposited in the General Fund.


SYNOPSIS

This Act protects children and families from the harmful effects of certain flame retardants used in furniture by adding a new chapter 105 to Title 16.Section 10501 provides definitions applicable in this chapter.Section 10502 prohibits the sale or distribution of children's products or furniture containing TRIS in greater than fifty parts per million in any component product beginning in July 2015, and prohibits the sale or distribution of children's products or furniture containing any "chemical of high concern," as of July 2016.Sale of previously owned products is exempt from this chapter's requirements.Section 10503 requires manufacturers to notify persons who may sell the manufacturer's products in this state if they product contains the restricted chemicals.Section 10504 penalizes manufacturers who violate these provisions in the amount of $1,000 for the first offense and $5,000 for repeat offenses.

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