Certification and Registration
US. Flame Retardant Regulations
Category:
Other tests
Safety is important, but sometimes the actions taken in the name of safety may create additional risks.Flame retardants are designed to slow the spread of fire and provide additional time for evacuation. Since the 1970s, flame retardants have been widely used in various products to meet flammability standards established to improve public safety.As awareness of the health risks associated with many chemicals has increased, some regulations have changed. However, harmful flame retardants remain widespread, and they should not be present in many applications.
What Are Flame Retardants?
Flame retardants are a class of chemicals added to furniture, electronic products, and building materials. They are intended to help prevent fires. In fact, many flame retardants are unnecessary, ineffective, and toxic. Flame retardants have been shown to cause neurological damage, hormone disruption, and cancer. One of the greatest concerns associated with certain flame retardants is that, as the human body accumulates increasing amounts of these toxic chemicals, they can bioaccumulate and lead to long-term chronic health problems. Firefighters are on the front line and have called for reducing the use of flame retardants because they are frequently exposed to these chemicals, which may result in health problems. Cancer is the leading cause of death among firefighters because of chemical exposure during firefighting operations.
Flame Retardants Through Food Intake
Because flame retardants are not chemically bonded to products, they can be released and accumulate in our food and bodies. Children are particularly vulnerable to the toxic health effects because they have a higher likelihood of exposure when exploring their surroundings with their hands and mouths.
Flame Retardants Through Drinking Water
Flame retardants are persistent pollutants, meaning that once released into the environment, they do not break down. They can travel away from their original sources and contaminate drinking water.
Flame Retardants Through Inhalation
We breathe dust every day, and when dust contains flame retardants, these chemicals can enter our bodies. During fires, flame retardants and their combustion by-products are released, generating toxic smoke and creating health risks for firefighters.
Other Information About Flame Retardants
● Toxic flame retardants are also found in electronic housings, and some televisions contain flame retardants accounting for 30% of their weight. In 2021, New York became the first state in the United States to restrict organic halogenated flame retardants in electronic housings. Washington State is considering implementing a similar ban under the Washington Product Safety Act. These policies reflect the European Union’s actions, where a similar ban introduced in 2019 came into effect in 2021. More countries are needed to continue this trend.
● Retailers have also begun taking action. In 2022, Best Buy announced restrictions on the use of organic halogenated flame retardants in its exclusive-brand televisions, making it the first major retailer in North America to stop using these harmful chemicals in its private-label televisions.
● In the field of building materials, all foam plastic insulation materials sold in the United States contain flame retardants required by building codes. This is one of the major applications of flame retardants, most of which are harmful to health and do not provide fire safety benefits. National regulations must change so that toxic flame retardants are no longer required in situations where fire safety can be achieved without the use of chemicals.
● Federal agencies can also play a role. The Consumer Product Safety Commission has been recognized for issuing guidance warning electronics manufacturers and retailers to “stop using” halogenated flame retardants in plastic housings. Regulations must now be established to ensure that these harmful chemicals are not used in everyday products.
List of Toxic Flame Retardants
Current Policies
● Connecticut HB6369: Assumes that firefighters’ cancer diagnoses are related to their occupational work and establishes a working group to study firefighter health and develop preventive measures, including plans to phase out and prohibit certain flame retardants.
● Iowa HF62: Prohibits the sale or distribution of upholstered furniture containing flame retardants. Prohibits the manufacture, sale, or distribution of food packaging, firefighting foam, and firefighter personal protective equipment containing per- and polyfluoroalkyl substances (PFAS).
● Massachusetts SD312: Requires disclosure of ingredients in menstrual products.
● Massachusetts HD3912: Prohibits the sale or distribution of beverage containers containing phthalates, bisphenols, PFAS, lead, chromium, cadmium, mercury, benzophenones, halogenated flame retardants, formaldehyde, and other toxic chemicals.
● New York A.787: Prohibits the manufacture, distribution, sale, and use of nail polish and nail hardeners containing certain levels of dibutyl phthalate (DBP), toluene, formaldehyde, formaldehyde resin, camphor, ethyl tosylamide, or xylene.
● New York S.2133: Prohibits the sale of electronic cigarettes containing certain toxic metals and requires the Department of Health to study the long-term health effects associated with electronic cigarette use.
● New York S.2438: Enacts the “New York State Healthy Green Procurement Act.” It requires the establishment of environmentally preferable procurement standards, including avoiding the prioritization of toxic substances.
● New York S.4246: Enacts the “Packaging Reduction and Recycling Infrastructure Act,” requiring companies that sell, offer for sale, or distribute covered packaging materials and products to reduce consumer packaging, improve recycling and reuse infrastructure, including support for reusable and refillable systems, provide financial support for municipal recycling programs, reduce toxic substances in packaging, and require product manufacturers to take responsibility for end-of-life packaging solutions.
● Tennessee SB0573: Requires producers to submit and implement producer responsibility plans. Prohibits the sale or distribution of packaging containing phthalates, bisphenols, PFAS, styrene, lead and lead compounds, cadmium, mercury, hexavalent chromium, perchlorate, benzophenones, formaldehyde, halogenated flame retardants, toluene, and other chemicals of high concern.
● Tennessee HB0550: Requires producers to submit and implement producer responsibility plans. Prohibits the sale or distribution of packaging containing phthalates, bisphenols, PFAS, styrene, lead and lead compounds, cadmium, mercury, hexavalent chromium, perchlorate, benzophenones, formaldehyde, halogenated flame retardants, toluene, and other chemicals of high concern.
Adopted Policies
● California AB 1879: Establishes a process to identify, prioritize, and evaluate chemicals of concern in consumer products, determine the best approaches to limit exposure or reduce hazard levels, and establish the Green Chemistry Challenge Grant Program and the Green Ribbon Science Panel. (Passed in 2008)
● California AB 127: Requires the State Fire Marshal to review flammability standards and chemical flame retardants and propose updated insulation flammability standards to maintain overall building safety and protect occupants and firefighters. (Passed in 2013)
● California AB 302: Prohibits products containing more than one-tenth of 1% by mass of the flame retardants pentabromodiphenyl ether or octabromodiphenyl ether. (Passed in 2003)
● California AB 2587: Advances the effective date of the bans on penta- and octa-brominated flame retardants by one and a half years. (Passed in 2004)
● California SB 1019: Requires products to indicate whether flame retardants have been added and provide related information online. (Passed in 2014)
● California AB 2998: Prohibits the use of flame retardants in children’s products, mattresses, and upholstered furniture. The ban applies to any flame retardant present at concentrations exceeding 1,000 ppm. (Passed in 2018)
● Hawaii HCR 235 / SR 107: Supports the industry phase-out of decabromodiphenyl ether (DecaBDE) and encourages the EPA to continue efforts to end the importation of DecaBDE into the United States. (Passed in 2010)
● Hawaii HB 2013: Prohibits products containing more than 0.1% pentabromodiphenyl ether or octabromodiphenyl ether flame retardants. (Passed in 2004)
● Illinois HB 2572: Prohibits products containing more than one-tenth of 1% pentabromodiphenyl ether or octabromodiphenyl ether flame retardants. Directs the Illinois EPA to review the health impacts of DecaBDE and available alternatives and submit a report to the Governor. (Passed in 2005)
● Maine LD 2048: Identifies chemicals of high concern and requires reporting of their use and replacement with safer alternatives. (Passed in 2008)
● Maine LD 1129: Selects up to 70 chemicals as chemicals of high concern based on potential exposure to children or fetuses and uses this list to designate priority chemicals that require reporting and disclosure when used in children’s products. (Passed in 2011)
● Maine LD 1568: Prohibits the manufacture and sale of shipping pallets containing DecaBDE or any products made from such pallets. (Passed in 2010)
● Maine Executive Order No. 12: Authorizes the Department of Environmental Protection (DEP) to submit legislation to phase out mercury batteries and improve mercury thermostat recycling. It establishes reports evaluating lead-free alternatives in consumer products and alternatives to the flame retardant DecaBDE. It emphasizes commitments to environmentally preferable purchasing, including lead-free wheel weights and uniforms that do not require perchloroethylene cleaning. It establishes a Governor’s Task Force to promote safer chemicals in consumer products. (Passed in 2006)
● Maine LD 1790: Prohibits products containing added brominated flame retardants. (Passed in 2004)
● Maine LD 1658: Clarifies the previous PBDE phase-out. (Passed in 2007)
● Maine LD 182: Prohibits the sale of residential upholstered furniture containing chemical flame retardants. (Passed in 2017)
● Maine LD 1662/HP 1233: Updates Maine’s ban on the sale of upholstered furniture treated with flame retardant chemicals to include electronic components and retailer reimbursement provisions. (Passed in 2021)
● Maryland SB 556: Prohibits mattresses, residential upholstered furniture, and electronic devices containing DecaBDE by 2010. (Passed in 2010)
● Maryland HB 83: Prohibits products containing penta- and octabrominated diphenyl ether flame retardants. Requires the Department of the Environment to report on DecaBDE in products and provide recommendations regarding the use, sale, and disposal of products containing DecaBDE. (Passed in 2005)
● Maryland HB 229: Prohibits children’s products containing the toxic flame retardant Tris (TDCPP). (Passed in 2014)
● Maryland HB 99: Prohibits the use of Tris (TCEP) in children’s products. (Passed in 2013)
● Maryland SB 0447: Prohibits the sale of any youth product, mattress, upholstered furniture, or upholstered furniture containing flame retardant chemicals above 0.1%. (Passed in 2020)
● Massachusetts H 4900: A bill to protect children, families, and firefighters from harmful flame retardants. (Passed in 2021)
● Michigan SB 1458: Authorizes the department to establish a committee to determine the risks to human health and the environment from releases of toxic PBDE flame retardants other than pentabromodiphenyl ether or octabromodiphenyl ether. (Passed in 2004)
● Michigan HB 4406: Prohibits products containing more than one-tenth of 1% pentabromodiphenyl ether flame retardant. (Passed in 2003)
● Minnesota HF 2123: Establishes a list of chemicals of high concern and priority chemicals and participates in the Interstate Chemicals Clearinghouse. (Passed in 2009)
● Minnesota SF 2096: Prohibits products containing toxic flame retardants pentabromodiphenyl ether or octabromodiphenyl ether. Requires a review of decabromodiphenyl ether to identify safer alternatives, evaluate fire safety considerations, and assess any evidence of potential risks to public health and the environment. (Passed in 2007)
● Minnesota SF 1215: Prohibits the use of specified toxic flame retardants in children’s products, mattresses, and residential upholstered furniture. It requires that alternatives shall not include chemicals that are carcinogens, endocrine disruptors, or otherwise cause developmental toxicity. (Passed in 2015)
● Minnesota HF 359: Prohibits the manufacture and sale of halogenated, phosphorus-based, nitrogen-based, and nanoscale flame retardants in residential upholstered furniture, children’s products, and residential and commercial textiles. Prohibits the production and sale of firefighting foam containing PFAS. (Passed in 2019)
● Nevada AB 97: Prohibits the use of firefighting foam containing PFAS for testing and training purposes; establishes a task force to study PFAS-related issues and develop recommendations for state actions; prohibits the use of flame retardants (including exemptions) in the manufacture, sale, and distribution of children’s products, upholstered residential furniture, residential textiles, commercial textiles, or mattresses. (Passed in 2021)
● New Hampshire SB 193: Prohibits the manufacture and sale of upholstered furniture containing toxic flame retardants. (Passed in 2019)
● New York Executive Order 4: Establishes green procurement policies for all state agencies. (Passed in 2008)
● New York S 7621: Prohibits the use of the flame retardants pentaBDE and octaBDE. Establishes a Flame Retardant Safety Task Force to review and report on relevant studies, risk assessments, findings, or decisions regarding decabromodiphenyl ether and its alternatives. (Passed in 2004)
● New York A 6195: Becomes the first state-level legislation in the country to prohibit children’s products containing chlorinated Tris (TCEP), a flame retardant. (Passed in 2011)
● New York SB 3703: Prohibits the use of the toxic flame retardant TDCPP in children’s products intended for children aged three years and under. (Passed in 2014)
● New York A 6296: Requires manufacturers of children’s products containing hazardous chemicals to notify the state and retailers; prohibits the sale of children’s products containing hazardous chemicals. (Passed in 2019)
● New York SB 4630: Addresses chemical regulations in upholstered furniture, mattresses, and electronic product housings; prohibits certain flame retardant chemicals in furniture and mattresses; prohibits certain flame retardant chemicals in electronic housings. (Passed in 2021)
● Oregon SB 596: Phases out the toxic flame retardant decabromodiphenyl ether in products sold or distributed within the state. (Passed in 2009)
● Oregon SB 962: Prohibits the toxic flame retardants pentabromodiphenyl ether and octabromodiphenyl ether and recommends prohibiting decabromodiphenyl ether when safer alternatives are available nationwide. (Passed in 2005)
● Oregon SB 478 / HB 3473: Requires reporting of high-priority chemicals in children’s products and phases out these chemicals in children’s cosmetics, ingestible products, and products manufactured for children under three years of age. (Passed in 2015)
● Rhode Island HB 7917: Restricts the manufacture or sale of flame retardants containing pentabromodiphenyl ether or octabromodiphenyl ether and requires research on decabromodiphenyl ether. (Passed in 2006)
● Rhode Island H 5082: Prohibits the manufacture and sale of residential upholstered bedding and furniture containing toxic flame retardants. (Passed in 2017)
● Vermont H 444 / S 109: Prohibits the use of octabromodiphenyl ether and pentabromodiphenyl ether flame retardants in all products and restricts the use of decabromodiphenyl ether in certain household products, including mattresses and pads, residential furniture, televisions, and computers. It prohibits manufacturers from replacing decabromodiphenyl ether with chemicals known or suspected to be carcinogens, or chemicals identified by the U.S. Environmental Protection Agency as causing birth defects, endocrine disruption, or reproductive or developmental harm. (Passed in 2009)
● Vermont S 81: Prohibits the use of OctaBDE and PentaBDE flame retardants in all products, prohibits the sale of mattresses and furniture containing DecaBDE, and prohibits the use of Tris (TCEP & TDCPP) in children’s products and furniture. (Passed in 2013)
● Washington HB 1024: Prohibits the sale of certain products containing PBDE flame retardants and mattresses containing DecaBDE, and requires the state to study alternatives. It restricts the sale of televisions, computers, and residential upholstered furniture containing DecaBDE because the department determined that safer, technically feasible alternatives meeting fire safety standards are available. (Passed in 2007)
● Washington Executive Order 04-01: Directs the Department of Ecology to advance the phase-out of polybrominated diphenyl ethers (PBDEs). (Passed in 2004)
● Washington HB 2545: Prohibits the sale of children’s products and residential furniture containing toxic flame retardants including TDCPP, TCEP, DecaBDE, HBCD, and additive TBBPA. (Passed in 2016)
● Washington SB 5135: Directs the Department of Ecology to identify consumer products and take regulatory actions regarding products that are significant sources of chemicals of concern for sensitive populations and species. Initial considerations prioritize PCBs, PFAS, organohalogen flame retardants, phthalates, and phenolic compounds (BPA, APE). (Passed in 2019)
● Washington D.C. B 21-0143: Prohibits the manufacture, sale, or distribution of any children’s products or residential upholstered furniture containing carcinogenic flame retardants or chemicals known to be carcinogenic to humans. (Passed in 2016)
SATISFY closely monitors the latest developments in flame retardant regulations and provides one-stop flame retardant testing services, including preliminary assessment, preparation and submission of relevant documentation, complete test monitoring, report interpretation, data analysis, and corrective action recommendations.
Previous page
Next page
Previous page
Next page
Related Information
SATISFY TECH AND SERVICE LLC
SATISFY TECH AND SERVICE LLC delivers full-lifecycle technical solutions for children’s products, hygiene care, protective equipment, furniture, and building materials. Our framework spans compliance pre-assessment, standard upgrading, and risk control. We empower manufacturers and exporters through expert testing, certification, consulting, and standards interpretation.
Contact Us
Address: Room 7D, Building A, Zhongzhou Holdings Financial Center, No. 88 Haide 1st Road, Haizhu Community, Yuehai Subdistrict, Nanshan District, Shenzhen
Phone: 0755-8273-9683
Mobile: 189-2676-2893
Email: info@sdswcn.com
Sales Window
WeChat Applet