Bill Text: NY A03031 | 2021-2022 | General Assembly | Introduced


Bill Title: Prohibits the use of chemical flame retardants on residential upholstered furniture beginning July first, 2022.

Spectrum: Strong Partisan Bill (Democrat 22-2)

Status: (Introduced) 2021-01-22 - referred to environmental conservation [A03031 Detail]

Download: New_York-2021-A03031-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3031

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by M. of A. GUNTHER, MAGNARELLI, BUTTENSCHON, WALLACE, BRON-
          SON, STECK, L. ROSENTHAL, THIELE, COLTON, WILLIAMS, GALEF,  GOTTFRIED,
          BARRON,  REYES,  GRIFFIN, STIRPE, JACOBSON, CARROLL, SEAWRIGHT, GLICK,
          HUNTER, MANKTELOW, DeSTEFANO -- Multi-Sponsored by -- M. of A.  ENGLE-
          BRIGHT  --  read  once  and referred to the Committee on Environmental
          Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting the use of chemical flame retardants

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.   Article 37  of  the  environmental  conservation  law  is
     2  amended by adding a new title 11 to read as follows:
     3                                  TITLE 11
     4                          CHEMICAL FLAME RETARDANTS
     5  Section 37-1101. Definitions.
     6          37-1103. Prohibition on the use of chemical flame retardants.
     7  § 37-1101. Definitions. As used in this title:
     8    1.  "Chemical  flame  retardants"  shall mean any halogenated chemical
     9  flame retardant, including but not limited to TDCPP Tris (1, 3  Dicholo-
    10  ro-2-propyl) phosphate, and any Phosphorus-Bromine flame retardants.
    11    2.  "Residential  upholstered  furniture" shall mean a sofa, loveseat,
    12  chair, ottoman, footstool, or other  item  of  furniture,  intended  for
    13  indoor  use  in  a  home that consists, in whole or in part, of leather,
    14  plastic, fabric or other material that contains cotton,  wool,  polyure-
    15  thane  or other natural or synthetic material that is placed in cushions
    16  or on the frame of the furniture.
    17  § 37-1103. Prohibition on the use of chemical flame retardants.
    18    1. Beginning July first, two thousand  twenty-two,  no  person,  firm,
    19  partnership, association, limited liability company or corporation shall
    20  sell  or  offer  for  sale  any  residential  upholstered furniture that
    21  contains chemical  flame  retardants  intentionally-added  in  order  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02768-01-1

        A. 3031                             2

     1  provide  a  specific characteristic, appearance or quality, to perform a
     2  specific function, or for any other purpose.
     3    2.  The  provisions  of  this  section  shall not apply to the sale or
     4  distribution of residential upholstered furniture resold or offered  for
     5  resale, or distributed by consumers for consumer use.
     6    §  2.  This  act shall take effect on the thirtieth day after it shall
     7  have become a law. Effective immediately, the commissioner  of  environ-
     8  mental  conservation  is  authorized  to  promulgate any rules and regu-
     9  lations necessary to implement the provisions of this act on  or  before
    10  such effective date.
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