US:Vermont Proposes to Regulate Consumer Products Containing Certain Flame Retardants

Vol. 721 | July 09, 2013

The Governor of Vermont recently approved Senate bill S.81, which expands the scope of the current flame retardants regulation on PentaBDE, OctaBDE, DecaBDE, and introduces requirements for chlorinated flame retardants in consumer products.

Following are the requirements of the existing and revised regulation:

PentaBDE and OctaBDE:

Products

  • Requirements: PentaBDE ≤ 0.1% per component and OctaBDE ≤ 0.1% per component.
  • Timeline: Manufacturer, wholesalers and retailers required to comply by July 1, 2010.

    DecaBDE

    Mattress, mattress pads and upholstered furniture

    • Requirements: DecaBDE ≤ 0.1% per component.
    • Timeline: Manufacturer, wholesalers and retailers required to comply by July 1, 2010.
    • Exemption: Inventory purchased before July 1, 2009. 

    Television or computer with plastic housing

    • Requirements: DecaBDE ≤ 0.1% per component.
    • Timeline: Manufacturer, wholesalers and retailers required to comply by July 1, 2012.
    • Exemption: Inventory purchased before July 1, 2009. 

     
    Plastic shipping pallets

    • Requirements: DecaBDE ≤ 0.1% per component
    • Timeline: Manufacturer, wholesalers and retailers should comply by July 1, 2013.
    • Exemption: Pallets manufactured prior to January 1, 2011, and pallets manufactured from recycled shipping pallets that contain DecaBDE in a concentration that is no greater than the concentration of DecaBDE in the recycled pallets from which the plastic pallets were manufactured.
        

      Chlorinated Flame Retardants (TDCPP & TCEP)

      • Children's product2 and upholstered furniture3.
      • Requirements: TDCPP ≤ 0.1% per component and TCEP ≤ 0.1% per component
      • Timeline: Manufacturer and wholesalers should comply by January 1, 2014; retailers should comply by July 1, 2014.

      Personal computer, audio and video equipment, calculators, wireless telephones, game consoles, certain handheld devices, and interactive software for leisure and entertainment.

        • Requirements: TDCPP ≤ 0.1% per article4 and TCEP ≤ 0.1% per article
        • Timeline: Manufacturer and wholesalers should comply by January 1, 2014; retailers should comply by July 1, 2014.  
         

      In addition, a manufacturer shall not replace DecaBDE, TCEP or TDCPP with a chemical that is:

      - Classified as carcinogen or suspected carcinogen by the National Toxicology Program in the U.S. Department of Health and Human Services or U.S. Environmental Protection Agency; or

      - Identified by the U.S. Environmental Protection Agency or National Institutes of Health as causing birth defects, hormone disruption, neurotoxicity, or harm to reproduction or development.

      Finally, the Commissioner of health for the state of Vermont may adopt by rule a prohibition on the manufacture or sale of the flame retardant TCPP in children's products and residential upholstered furniture if the Commissioner determines, based on the weight of available, scientific studies, that the toxicity of TCPP and its potential exposure pathways in those products pose a significant public health risk.

      All of the requirements above do not apply to:

      • Sale of used products,
      • Motor vehicles and its parts, and
      • Building insulation materials.

        Definitions:

      • "DecaBDE" means decabromodiphenyl ether or any technical mixture in which decabromodiphenyl ether is a congener.
      • "OctaBDE" means octabromodiphenyl ether or any technical mixture in which octabromodiphenyl ether is a congener.
      • "PentaBDE" means pentabromodiphenyl ether or any technical mixture in which pentabromodiphenyl ether is a congener.
      • "TCEP" means tris(2-chloroethyl) phosphate, CAS# 115-96-8.
      • "TCPP" means tris(2-chloro-1-methylethyl) phosphate, CAS# 13674-84-5.
      • "TDCPP" means tris(1,3-dichloro-2-propyl) phosphate, CAS# 13674-87-8.

      http://www.leg.state.vt.us/docs/2014/Acts/ACT085.pdf

      2 "Children's product" means a consumer product: (A) marketed for use by children under 12 years of age; or (B) the substantial use of which by a child under 12 years of age is reasonably foreseeable.

      3  "Residential upholstered furniture" means furniture intended for personal use that includes cushioning material covered by fabric or similar material.

      4 Article as the term is defined in European Union's Registration, Evaluation, and Restriction on Chemical Substances regulation, known as "REACH," Regulation (EC) Number 1907/2006, Art. 3(3).

      For further information, please contact:
      Intertek APAC
      Charles Sa
      Tel: +852 2173 8632
      Email: charles.sa@intertek.com

      Intertek US
      Pratik Ichhaporia
      Tel: +1 312 906 7720
      Email: Pratik.ichhaporia@intertek.com

       

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