Bill Text: NY A05418 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the family and fire fighter protection act relating to the regulation of chemicals in upholstered furniture, mattresses and electronic enclosures; bans the use of certain flame retardant chemicals in furniture and mattresses; bans the use of certain flame retardant chemicals in electronic casings.

Spectrum: Partisan Bill (Democrat 44-2)

Status: (Introduced) 2021-06-09 - substituted by s4630b [A05418 Detail]

Download: New_York-2021-A05418-Amended.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021

          STERN, STIRPE, STECK, McDONOUGH --  read  once  and  referred  to  the
          Committee  on  Environmental  Conservation -- reported and referred to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to amend the environmental conservation law, in relation to the
          regulation of chemicals in upholstered furniture, mattresses and elec-
          tronic enclosures

          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 amended
     2  by adding a new title 10 to read as follows:

     3                                   TITLE X
     5                          AND ELECTRONIC ENCLOSURES
     6  Section 37-1001. Definitions.
     7          37-1003. Furniture and mattresses.
     8          37-1005. Exemptions.
     9          37-1007. Electronic display.
    10          37-1009. Reporting.
    11          37-1011. Severability.
    12          37-1013. Regulations.
    13  § 37-1001. Definitions.
    14    As used in this title:
    15    1.  "Consumer  product"  means  any  product that is regularly used or
    16  purchased to be used for personal, family or household purposes. Consum-
    17  er product shall not mean: (a) a food or beverage or an  additive  to  a

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

        A. 5418--A                          2

     1  food  or  beverage regulated by the United States Food and Drug Adminis-
     2  tration; or (b) a drug, biologic or  medical  device  regulated  by  the
     3  United States Food and Drug Administration.
     4    2.  "Covered  flame  retardant chemical" means any chemical that meets
     5  both of the following criteria:
     6    (a) A functional use for the chemical is  to  resist  or  inhibit  the
     7  spread of fire or as a synergist to chemicals that resist or inhibit the
     8  spread of fire; and
     9    (b)  The  chemical is one of the following: a halogenated, organophos-
    10  phorus, organonitrogen, or nanoscale chemical. As used in this title:
    11    (i) "Halogenated chemical" is any chemical that contains one  or  more
    12  halogen elements, including fluorine, chlorine, bromine, or iodine.
    13    (ii)  "Organophosphorus chemical" is any chemical that contains one or
    14  more carbon elements and one or more phosphorus elements.
    15    (iii) "Organonitrogen chemical" is any chemical that contains  one  or
    16  more carbon elements and one or more nitrogen elements.
    17    3.  "Custom  upholsterer"  means  a  person  who, either by himself or
    18  herself or through employees or agents, repairs, reupholsters, recovers,
    19  restores, or renews upholstered furniture, or who  makes  to  order  and
    20  specification  of the user any article of upholstered residential furni-
    21  ture, using either new materials or owner's materials.
    22    4. "Electronic display" means a consumer product with a display screen
    23  and associated electronics that, as its primary function, displays visu-
    24  al information from wired or  wireless  sources  and  is  available  for
    25  purchase  by individuals or households for personal use in a residential
    26  space.  Electronic display shall not include: (a) any electronic display
    27  with a screen area smaller than or equal to one hundred square  centime-
    28  ters  or fifteen and one-half square inches; (b) projectors; (c) virtual
    29  reality headsets; or (d) all-in-one video conference systems.
    30    5. "Intentionally added" shall have the same meaning as "intentionally
    31  added chemical" in subdivision eleven of section 37-0901 of  this  arti-
    32  cle.
    33    6.    "Mattress" means a ticking filled with a resilient material used
    34  alone or in combination with other products  intended  or  promoted  for
    35  sleeping upon.
    36    7.  "Organohalogen  flame  retardant  chemical"  means a chemical that
    37  contains one or more halogen  elements,  including  fluorine,  chlorine,
    38  bromine, or iodine, bonded to carbon.
    39    8.  "Reupholstered  furniture"  means furniture whose original fabric,
    40  padding, decking, barrier material, foam, or other resilient filling has
    41  been replaced by a custom upholsterer, that has not been sold since  the
    42  time of the replacement.
    43    9.  "Ticking"  means the outermost layer of fabric or related material
    44  that encloses the  core  and  upholstery  materials  of  a  mattress  or
    45  mattress pad. A mattress ticking may consist of several layers of fabric
    46  or related materials quilted together.
    47    10.   "Upholstered  furniture"  means  any  item  of  furniture,  that
    48  consists, in whole or in part, of  leather,  plastic,  fabric  or  other
    49  material  that  contains  cotton, wool, polyurethane or other natural or
    50  synthetic material that is placed in cushions or on  the  frame  of  the
    51  furniture.
    52    11. "Upholstered or reupholstered furniture component" means the sepa-
    53  rate  constituent  parts  of  upholstered  furniture, specifically cover
    54  fabrics, barrier materials, resilient  filling  materials,  and  decking
    55  materials.
    56  § 37-1003. Furniture and mattresses.

        A. 5418--A                          3

     1    1.  Beginning  December  thirty-first,  two  thousand twenty-three, no
     2  person shall sell or offer for sale in the state of New  York  any  new,
     3  not  previously owned, upholstered furniture or mattress, that contains,
     4  or a constituent component of which contains,  any  intentionally  added
     5  covered flame retardant chemical, individually or in combination.
     6    2.  Beginning December thirty-first, two thousand twenty-two, a custom
     7  upholsterer in the state of New  York  shall  not  repair,  reupholster,
     8  re-cover,  restore,  or  renew  upholstered  furniture  or reupholstered
     9  furniture using replacement components that  contain  any  intentionally
    10  added covered flame retardant chemical, individually or in combination.
    11  § 37-1005. Exemptions.
    12    The  prohibitions  in section 37-1003 of this title shall not apply to
    13  the following:
    14    1. Electronic components of mattresses,  reupholstered  furniture,  or
    15  upholstered  furniture,  or  any  associated  casing for such electronic
    16  components.
    17    2. Upholstered or reupholstered furniture components other than  those
    18  identified in subdivision seven of section 37-1001 of this title.
    19    3. Thread or fiber when used for stitching mattress components togeth-
    20  er.
    21  § 37-1007. Electronic display.
    22    Beginning  January  first,  two  thousand twenty-four, no person shall
    23  sell or offer for sale in the state of New York any  electronic  display
    24  that contains an intentionally added organohalogen flame retardant chem-
    25  ical in the enclosure or stand of such electronic display.
    26  § 37-1009. Reporting.
    27    1.  For  the  purposes  of  this  section, "manufacturer" shall mean a
    28  person who: (a) assembles or substantially assembles electronic displays
    29  for sale in the state; (b) manufactures electronic displays,  under  its
    30  own brand name or under any other brand name, for sale in the state; (c)
    31  sells,  under  its own brand name, electronic displays in the state; (d)
    32  owns a brand name that it licenses to another person for  use  on  elec-
    33  tronic  displays  sold in the state; (e) imports electronic displays for
    34  sale in the state; or (f) manufactures electronic displays for  sale  in
    35  the state without affixing a brand name.
    36    2. Beginning one year after the effective date of this title, no elec-
    37  tronic  display  shall  be sold in the state unless the manufacturer has
    38  submitted an annual report to the  department  identifying  all  of  the
    39  flame  retardants  used  in  the  enclosure  or  stand of the electronic
    40  display in a form determined by the department.
    41  § 37-1011. Severability.
    42    If any clause, sentence, paragraph, subdivision, section  or  part  of
    43  this  act shall be adjudged by any court of competent jurisdiction to be
    44  invalid, such judgment shall  not  affect,  impair,  or  invalidate  the
    45  remainder thereof, but shall be confined in its operation to the clause,
    46  sentence,  paragraph,  subdivision,  section  or  part  thereof directly
    47  involved in the controversy in  which  such  judgment  shall  have  been
    48  rendered. It is hereby declared to be the intent of the legislature that
    49  this act would have been enacted even if such invalid provisions had not
    50  been included herein.
    51  § 37-1013. Regulations.
    52    The  department may adopt any rules and regulations it deems necessary
    53  to implement the provisions of this title.
    54    § 2. Section 71-3703 of the environmental conservation law is  amended
    55  by adding a new subdivision 5 to read as follows:

        A. 5418--A                          4

     1    5.  Any  person  who violates any of the provisions of or who fails to
     2  perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
     3  or any rule or regulation promulgated pursuant hereto, shall  be  liable
     4  for  a  civil  penalty  not  to exceed one thousand dollars for each day
     5  during  which  such  violation  continues, and in addition thereto, such
     6  person may be enjoined from continuing such violation. Such person shall
     7  for a second violation be liable to the people of the state for a  civil
     8  penalty  not  to  exceed  two thousand five hundred dollars for each day
     9  during which such violation continues.
    10    § 3. This act shall take effect immediately.