Bill Text: IA HF457 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the manufacture and sale of certain products containing specified chemical flame retardants in the state, providing civil penalties, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-28 - Introduced, referred to Commerce. H.J. 476. [HF457 Detail]
Download: Iowa-2017-HF457-Introduced.html
House File 457 - Introduced HOUSE FILE BY ISENHART A BILL FOR 1 An Act prohibiting the manufacture and sale of certain products 2 containing specified chemical flame retardants in the state, 3 providing civil penalties, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2483YH (3) 87 gh/rn PAG LIN 1 1 Section 1. NEW SECTION. 455F.12 Chemical flame retardants 1 2 == prohibition on manufacture and sale. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Bedding" means any residential or commercial bedding 1 6 material including but not limited to a mattress, mattress pad, 1 7 mattress cover, sheeting, pillow, blanket, comforter, duvet 1 8 cover, sleeping bag, or any other item stuffed with bedding 1 9 material used for recycling or sleeping. 1 10 b. "Carpeting" means residential or commercial fabric floor 1 11 covering, including carpet padding. 1 12 c. "Children's product" means a consumer product 1 13 manufactured or marketed for use by individuals twelve years 1 14 of age or younger. 1 15 d. "Covered product" means bedding, carpeting, children's 1 16 products, residential upholstered furniture, or window 1 17 treatments. 1 18 e. "Manufacturer" means a person who manufactures or 1 19 produces a covered product for resale in this state. 1 20 f. "Residential upholstered furniture" means any residential 1 21 furniture product that consists in whole or in part of 1 22 cushioning material enclosed within a covering consisting of 1 23 fabric or any other textile. 1 24 g. "Retailer" means a person offering for sale or selling a 1 25 covered product to the ultimate consumer, within this state. 1 26 h. "Window treatment" means residential or commercial 1 27 curtain materials, blinds, or shades. 1 28 2. A manufacturer or retailer shall not sell, offer for 1 29 sale, or manufacture for sale a covered product that contains 1 30 the following chemical flame retardants with a concentration 1 31 level that exceeds one thousand parts per million by weight for 1 32 any component part of the covered product: 1 33 a. Tris (1,3=dichloro=2=propyl) phosphate (TDCPP). 1 34 b. Tris (2=chloroethyl) phosphate (TCEP). 1 35 c. Antimony trioxide. 2 1 d. Hexabromocyclododecane (HBCD). 2 2 e. Bis (2=Ethylhexyl)=3,4,5,6=tetrabromophthalate (TBPH). 2 3 f. 2=EthylhexYl=2,3,4,5=tetrabromobenzoate (TBB). 2 4 g. Chlorinated paraffins. 2 5 h. Tris (1=chloro=2=propyl) phosphate (TCPP). 2 6 i. pentaBDE. 2 7 j. octaBDE. 2 8 k. Any other chemical flame retardant identified by the 2 9 department pursuant to subsection 3. 2 10 3. a. The department shall conduct a review every three 2 11 years to identify any additional chemical flame retardants to 2 12 be added to the list of prohibited chemical flame retardants 2 13 provided in subsection 2, provided, however, that the 2 14 department shall demonstrate that the chemical flame retardant 2 15 is harmful to health and is present in human bodily tissue 2 16 or fluid, the home environment, or in a covered product, as 2 17 determined through scientific sampling and analysis. For 2 18 purposes of this subsection, "harmful to health" means any of 2 19 the following: 2 20 (1) Harming the normal development of a fetus or child or 2 21 cause other developmental toxicity. 2 22 (2) Causing cancer, genetic damage, or reproductive harm. 2 23 (3) Disrupting the endocrine system. 2 24 (4) Damaging the nervous system, immune system, or an organ 2 25 or cause other systemic toxicity. 2 26 (5) Constituting a persistent, bioaccumulative, and toxic 2 27 substance. 2 28 b. If the department determines that a chemical flame 2 29 retardant meets the conditions provided in paragraph "a", 2 30 the department shall promulgate rules to restrict the sale, 2 31 offer for sale, or manufacture for sale of any covered product 2 32 containing the chemical flame retardant pursuant to subsection 2 33 2 within nine months after making such determination. 2 34 4. This section shall not apply to any of the following: 2 35 a. A covered product manufactured prior to January 1, 2018. 3 1 b. A covered product containing a chemical flame retardant 3 2 identified in subsection 2 due to the presence of recycled 3 3 material used to manufacture the covered product. 3 4 c. Motor vehicles as defined in section 321.1, watercraft, 3 5 aircraft, all=terrain vehicles as defined in section 321.1, 3 6 motorized bicycles as defined in section 321.1, or any 3 7 component part thereof. 3 8 5. a. A manufacturer or retailer who sells, offers for 3 9 sale, or manufactures for sale a covered product in violation 3 10 of subsection 2 shall be subject to a civil penalty of one 3 11 thousand dollars for each covered product manufactured, sold, 3 12 or offered for sale for a first offense, and a civil penalty of 3 13 five thousand dollars for each covered product manufactured, 3 14 sold, or offered for sale for a second or subsequent offense. 3 15 b. Notwithstanding paragraph "a", a retailer shall only be 3 16 liable under this subsection if the retailer had knowledge or 3 17 in the exercise of reasonable diligence should have known that 3 18 the retailer was selling or offering for sale a covered product 3 19 in violation of subsection 2. 3 20 6. The department may adopt rules pursuant to chapter 17A to 3 21 administer this section. 3 22 Sec. 2. NEW SECTION. 455F.13 Notification. 3 23 The manufacturer of a covered product that contains a 3 24 prohibited chemical flame retardant identified in section 3 25 455F.12 shall provide initial notice of the prohibitions 3 26 identified in that section to any known retailer selling 3 27 the covered product in the state no later than October 3, 3 28 2017. The department shall establish by rule notification 3 29 requirements applicable to the identification of additional 3 30 chemical flame retardants following the review and 3 31 determination process provided in section 455F.12. 3 32 Sec. 3. EFFECTIVE DATE. 3 33 1. The section of this Act requiring manufacturers to 3 34 provide notice of this Act to retailers, being deemed of 3 35 immediate importance, takes effect upon enactment. 4 1 2. The remaining sections of this Act take effect January 4 2 1, 2018. 4 3 EXPLANATION 4 4 The inclusion of this explanation does not constitute agreement with 4 5 the explanation's substance by the members of the general assembly. 4 6 This bill prohibits the manufacture and sale of certain 4 7 products containing specified chemical flame retardants in the 4 8 state. 4 9 The bill contains several definitions. The bill defines 4 10 "bedding", "carpeting", "children's product", "covered 4 11 product", "manufacturer", "residential upholstered furniture", 4 12 "retailer", and "window treatment". 4 13 The bill provides that a manufacturer or retailer shall 4 14 not manufacture, sell, or offer for sale a covered product in 4 15 the state containing a chemical flame retardant listed in the 4 16 bill that has a concentration level that exceeds 1,000 parts 4 17 per million by weight for any component part of the covered 4 18 product. 4 19 The bill provides that the department of natural resources 4 20 shall conduct a review every three years to identify any 4 21 additional chemical flame retardants to include in the list of 4 22 prohibited chemical flame retardants contained in the bill. To 4 23 do so the department must demonstrate that the chemical flame 4 24 retardant is harmful to health, as defined in the bill, and 4 25 is determined through scientific sampling and analysis to be 4 26 present in human bodily tissue or fluid, the home environment, 4 27 or in a covered product. If the department determines that a 4 28 chemical flame retardant meets these conditions, the department 4 29 must adopt rules to restrict the sale and manufacture of such 4 30 chemical flame retardant within nine months of making its 4 31 determination. 4 32 The bill provides that the bill does not apply to any of the 4 33 following: a covered product manufactured prior to January 4 34 1, 2018; a covered product containing a prohibited chemical 4 35 flame retardant due to the presence of recycled material 5 1 used to manufacture the covered product; and motor vehicles, 5 2 watercraft, aircraft, all=terrain vehicles, motorized bicycles, 5 3 or any component part thereof. 5 4 The bill provides that a manufacturer or retailer that 5 5 manufactures, sells, or offers to sell a covered product 5 6 prohibited by the bill shall be subject to a civil penalty of 5 7 $1,000 for each covered product manufactured, sold, or offered 5 8 for sale for a first offense, and a civil penalty of $5,000 for 5 9 each covered product manufactured, sold, or offered for sale 5 10 for a second or subsequent offense. However, a retailer may 5 11 only be liable if the retailer had knowledge or in the exercise 5 12 of reasonable diligence should have known that the retailer was 5 13 selling or offering to sell a covered product in violation of 5 14 the bill. 5 15 The bill requires a manufacturer of a covered product 5 16 containing a prohibited chemical flame retardant identified 5 17 in the bill to provide initial notice of the prohibition to 5 18 any known retailer selling the covered product in the state 5 19 no later than October 3, 2017, and to establish notification 5 20 procedures for subsequently identified prohibitions by rule. 5 21 The section of the bill containing this requirement takes 5 22 effect upon enactment. 5 23 The section of the bill prohibiting the manufacture or sale 5 24 of certain covered products containing prohibited chemical 5 25 flame retardants takes effect January 1, 2018. LSB 2483YH (3) 87 gh/rn
