Bill Text: NY S06238 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the use of chemical flame retardants on residential upholstered furniture beginning July 1, 2022.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06238 Detail]

Download: New_York-2021-S06238-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6238

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 16, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed 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
    22  provide  a  specific characteristic, appearance or quality, to perform a
    23  specific function, or for any other purpose.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02768-01-1
        S. 6238                             2

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