textiles compliance - beyond the label

Textiles complianceBeyond the label

Presented by Stacey Bowers, MILS

23 August 2016

1

What do we mean by ‘textiles’?

• Apparel

• Sleepwear

• Accessories (belts, bags, etc.)

• Footwear

• Wearables

• Carpets and rugs

• Home textiles (bedding,

towels, sleeping bags, etc.)

• Mattresses and mattress pads

• Tents

• Umbrellas

• Upholstered furniture and

furnishings (cushions,

pillows, chairs, sofas, etc.)

Notes:

1) These products are often referred to as “softlines”

2) Any/ all textiles categories may be for adults or children

2

Care instructions

• Care instructions are often a deciding factor when consumers shop

for clothing.

• In the US, manufacturers and importers must:

– Provide complete instructions about regular care for the garment, or

provide warnings if the garment cannot be cleaned without harm

– Ensure that, if followed, care labeling instructions will cause no

substantial harm to the product and

– Warn consumers about certain procedures that would harm the product.

• Surprisingly, many countries, like Canada and most EU Member

States, do not require care instructions.

3

Care instructions

• Care instructions typically include the

following elements:

– Washing by hand or machine;

– Bleaching;

– Drying;

– Ironing;

– Warnings and

– Dry cleaning.

• Care instructions may be indicated by symbols, words or both.

– The care symbols of ISO 3758 are in wide use globally.

4

Fiber identity & content labeling

• In most countries, apparel and home textiles must bear fiber identity

and content disclosures.

• Fiber identity and content labeling typically includes:

– Percentage of each fiber, by weight, listed in descending order of

predominance by weight and

– Generic fiber names.

45% Acrylic / 30% Wool / 25% Nylon

• Exemptions exist for trimmings, ornamentation and linings and

interlinings.

5

Fur & faux fur disclosure

• The US approach to fur and faux fur tends to be most stringent globally.

• On the federal level, “fur products,” defined as “garments made either entirely or partly with fur," must be labeled with:

– The animal name, according to a name guide contained in the rules;

– The name or RN of the manufacturer, importer, seller, marketer or distributor;

– The country of origin for imported fur;

– If the fur is pointed, dyed, bleached or artificially colored;

– If the fur product is composed in whole or substantial part of pieces like paws, tails, bellies, gills, ears, throats, heads, scraps or waste fur;

– If the fur is used or damaged and

– The textile or wool content of any part of the product.

6

Fur & faux fur disclosure

• New York State requires:

– Apparel containing fur and/ or faux fur to bear a label to ensure that

consumers know the true nature of apparel they purchase and

– Any product made of a textile resembling fur to be free of deceptive

labeling that suggests animal name, geographic region, trademarked or

coined names implying an animal.

• Note on dog and cat fur:

– The states of California, Delaware and NY have enacted laws

prohibiting the use of cat and dog fur in consumer products.

– Other jurisdictions have enacted similar laws, such as the EU.

7

Leather & faux leather disclosure

• The US FTC's Leather Guides are designed to help consumers to

understand, if it looks like leather, is it really leather?

• It is unfair or deceptive to misrepresent, directly or by implication,

any material aspect of an industry product, including:

8

• Kind,

• Grade,

• Quality,

• Quantity,

• Material content,

• Thickness,

• Finish,

• Serviceability,

• Durability,

• Price,

• Origin,

• Size,

• Weight,

• Ease of cleaning,

• Construction,

• Manufacture,

• Processing or

• Distribution.

Leather & faux leather disclosure

• The US requires leather and faux leather disclosures

to appear in the form of:

– A stamping on the product, or

– On a tag, label or card attached to the product

and should be affixed so as to remain on or

attached to the product until received by the

consumer.

• These disclosures should also appear in all

advertising of such products, irrespective of

the media used.

9

Footwear labeling

• In the EU, footwear labeling requires information

relating to the three parts of the footwear:

– The upper;

– The lining and sock and

– The outersole.

• Information may be indicated using

pictograms or writing.

• Importantly, the US does not require such labeling.

10

General product labeling

• In most countries, general product labeling typically includes:

– Country of origin;

– Manufacturer/ importer identity;

– Net quantity/ size;

– Product identity and

– Warnings, as applicable.

• With regard to textile products, the following are subject to general

product labeling:

– Apparel and sleepwear sold in packages;

– Footwear and

– Accessories, like belts, gloves and handbags.

11

Country of origin

• Notes on country of origin:

– The EU does not require CoO, nor do many Member States.

– In the US, textile, fur and wool products must be labeled to show CoO:

• Imported products must identify the country where the products were

processed or manufactured;

• Products made entirely in the US of materials also made in the US must be

labeled “Made in U.S.A.” or an equivalent phrase;

• Products made in the US of imported materials must be labeled to show

the processing or manufacturing that takes place in the US, as well as the

imported component and

• Products manufactured partly in the US and partly abroad must identify

both aspects.

12

Manufacturer/ importer identity

• Notes on manufacturer/ importer identity:

– In the US, the FTC requires textile, fur and wool products to be labeled

with either the company name or the Registered Identification Number

(RN) of the manufacturer, importer or other firm marketing, distributing

or otherwise handling the product.

• An RN is issued and registered by the FTC and may be issued to any firm

in the US that manufactures, imports, markets, distributes or otherwise

handles textile, fur or wool products.

• RNs are not issued to businesses outside of the US.

– In Canada, a similar scheme exists, whereby Canadian manufacturers,

processors and/ or finishers of textile products may register for a CA

Identification Number or CA Number with the Competition Bureau.

13

Stuffed & upholstered labeling

• The Canadian provinces of Manitoba, Ontario and Quebec require

stuffed and upholstered articles to bear labeling:

– Under the heading of “Content,” the generic names of all stuffing

materials (or the three main materials in Manitoba) used must be listed

in order of predominance, by volume, not by percentage.

– These requirements apply to products such as: Toys, sporting goods,

pet items, furniture, mattresses, down-filled apparel, bedding items,

handbags, luggage and seasonal ornaments.

14

Stuffed & upholstered labeling

• Thirty-one states, including California,

Massachusetts, New York, Ohio and

Pennsylvania, require labeling of bedding

and upholstered furniture:

– The laws apply to articles of bedding,

upholstered furniture and other articles

containing hidden materials for sleeping,

sitting, resting or reclining purposes,

including cushions and decorative pillows;

chairs, sofas, and love seats; and cushions

on exercise equipment.

• The International Association of Bedding

and Furniture Law Officials (IABFLO) has

established a uniform law labeling system.

15

Infants’ & children’s textile products labeling

• The mandatory Chinese standard, GB 31701, establishes safety and labeling requirements for textile products for infants (aged 0-36 months) and for children (three-14 years).

• The standard establishes safety technical requirements for each category and labeling requirements, as follows:

– Textile products for infants must indicate the serial number of the standard and "products for infants" in their instructions.

– Textile products for children must indicate the serial number of the standard and the coincidental class of safety technical requirements (e.g., GB 31701 Class A, GB 31701 Class B or GB 31701 Class C) in their instructions. One class must be indicated for each product.

• The standard took force on 1 June 2016, with a transitional period of two years.

16

Restriction on NPE

• The EU's REACH Regulation was amended in January 2016 to

include a new restriction on Nonylphenol Ethoxylates (NPE) in

textiles:

– NPE must not be placed on the market in textile articles which can

reasonably be expected to be washed in water during their normal

lifecycle, in concentrations equal to or greater than 0.01% by weight of

that textile article or of each part of the textile article.

– The restriction takes effect on 3 February 2021.

17

Restrictions on formaldehyde

• The Australian Competition & Consumer Commission (ACCC) has

provided interim, non-regulatory reference limits for levels of

formaldehyde in various products based on limits set by the EU and

Japan:

– Infants' clothing: 30 ppm;

– Clothing specifically marketed as suitable for people with sensitive skin:

30 ppm;

– Garments which contact the skin: 100 ppm; and

– Other garments or fabrics: 300 ppm.

18

Restrictions on azo dyes

• The EU's REACH Regulation restricts azodyes which may release

one or more of 22 aromatic amines in detectable concentrations

(i.e., 30 ppm), from textiles and leather articles which may come

into direct and prolonged contact with the human skin or oral cavity,

such as apparel, bedding, towels, hats, nappies, sleeping bags,

footwear, gloves, wristwatch straps, handbags, purses/ wallets and

chair covers.

• Further, certain listed azocolorants must not be placed on the

market or used for coloring textiles and leather articles as a

substance or constituent of preparations in concentrations higher

than 0.1% by mass.

19

Restrictions on lead

• The US CPSIA established limits of:

– 90 ppm lead in surface coatings and

– 100 ppm lead in substrates

• However, CPSC has exempted

textiles from testing under CPSIA, as

most textile products are

manufactured using processes that do

not introduce lead or result in an end

product that would not exceed the

CPSIA’s lead limits.

20

Restrictions on PBDEs

• Several US states have enacted laws and regulations to address

health hazards from polybrominated diphenyl ethers (PBDEs):

– PentaBDE and octaBDE are banned in excess of 0.1% in California,

Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New York,

Oregon and Vermont;

– Oregon has also banned decaBDE over 0.1% in all products, while

Vermont and Maine have enacted a ban on decaBDE over 0.1% in

mattresses and upholstered furniture and

– Maryland and Michigan have banned decaBDE in mattresses and

upholstered furniture.

• PBDEs have historically been used as flame retardants in foam and

textiles in upholstered furniture and in carpet foam made from

recycled foam.

21

Restrictions on PAHs

• In 2013, the EU amended REACH to restrict Polycyclic Aromatic Hydrocarbons (PAHs):

– The Regulation applies to Benzo[a]pyrene, Benzo[e]pyrene, Benzo[a]anthracene, Chrysen, Benzo[b]fluoranthene, Benzo[j]fluoranthene, Benzo[k]fluoranthene and Dibenzo[a,h]anthracene.

• These restrictions apply to products such as:

– Apparel, footwear, gloves and sportswear and

– Watch straps, wristbands and headbands.

• The restriction applies to rubber or plastic components that come into direct as well as prolonged or short-term repetitive contact with the human skin or the oral cavity, under normal or reasonably foreseeable conditions of use, with a limit of 1 ppm of any of the listed PAHs.

22

California Proposition 65

• California’s Safe Drinking Water and Toxic Enforcement Act of 1986

(aka Proposition 65) is a “right-to-know law” that informs consumers

if certain hazardous chemicals are present in products or their

packaging.

• Several settlements exist for apparel, fur and leather products,

including:

– Bags with vinyl/ PVC components: 1,000 ppm DEHP, BBP, DBP, DIDP,

DINP and DnHP in each accessible component

– Belts: 1,000 ppm DEHP, 90 ppm lead in paint, 200 ppm lead in PVC

and 300 ppm lead in leather

– Children's apparel: 1,000 ppm DEHP and 300 ppm lead

– "Fashion accessories": 1,000 ppm of each of DEHP, BBP or DBP

– Outerwear: 300 ppm lead in PVC, neoprene and other plastic

components

23

Maine Safer Chemicals in Children’s Products

• Maine has designated a number of chemicals as Priority

Chemicals:

– Arsenic intentionally added to apparel, bedding, and footwear intended

for use by a child under the age of 12 years;

– Cadmium intentionally added to apparel, bedding, and footwear

intended for use by a child under the age of 12 years and

– Mercury intentionally added to apparel, bedding, and footwear intended

for use by a child under the age of 12 years.

• Any manufacturer or distributer of a children’s product containing

these PCs must notify the DEP with certain information about the

product.

24

Textile flammability

• Canada's Textile Flammability Regulations apply to "textile products," defined to mean products composed of textile fibers, other than bedding.

• Per the Regulations: – The flame spread time for textile products without a raised fiber surface

must be greater than 3.5 seconds;

– The flame spread time for textile products with a raised fiber surface that exhibits ignition or fusion of its base fibers must be greater than 4 seconds and

– The flame spread time for bedding without a raised fiber surface, or bedding with a raised fiber surface that exhibits ignition or fusion of its base fibers, must be greater than 7 seconds.

• Flame spread time must be determined according to CAN/CGSB-4.2 No. 27.5, Textile Test Methods — Flame Resistance — 45° Angle Test — One-Second Flame Impingement, as amended from time to time.

25

Children’s nightwear flammability

• In the UK, children’s nightwear is subject to SI 1985 No. 2043, The

Nightwear (Safety) Regulations 1985, and BS EN 14878, Textiles –

Burning Behaviour of Children’s Nightwear – Specification.

• Nightdresses, dressing gowns, bath robes and other similar

garments, must comply with flammability requirements and bear

labeling regarding their flammability performance and washing

instructions.

• For instance, pajamas must be labeled:

KEEP AWAY FROM FIRE

26

Restrictions on cords & drawstrings

• The EU’s mandatory standard, EN 14682, was enacted to minimize

the risk of accidental entrapment by cords or drawstrings on

children’s clothing.

• Other countries/ regions restricting drawstrings include:

– Australia,

– Canada,

– China,

– Singapore,

– South Korea,

– Taiwan and

– The US.

27

TSCA was finally reformed!!!!

• Over the years, the US Congress has considered several bills

intended to “modernize” the Toxic Substances Control Act (TSCA),

each of which has died.

• On 22 June 2016, President Obama signed H.R. 2576, Frank R.

Lautenberg Chemical Safety for the 21st Century Act, into law.

28

TSCA reform highlights

• Strengthens safety;

• Requires EPA to focus on the highest priorities;

• Strengthens transparency and the quality of science used in EPA

decisions;

• Expands EPA’s ability to require additional health and safety testing

of chemicals and reduce unnecessary animal testing;

• Provides EPA a full range of regulatory options for substances found

to present an unreasonable risk;

• For chemicals that present an unreasonable risk, EPA has multiple

options, including imposing warning requirements, restrictions on

specific uses and chemical phase outs or bans and

• Compliance with all rules must be as soon as practicable, but

generally within five years of being made final.

29

TSCA vs. state regulations

• TSCA reform creates a more uniform regulatory system to ensure

interstate commerce is not unduly burdened, while retaining a

significant role for states in ensuring chemical safety

– EPA's final decisions will preempt all existing and future state laws that

restrict chemicals or are in conflict with EPA action;

– Any state prohibition or restriction enacted before 22 April 2016, and

any other state law enacted before 31 August 2003, will not be

preempted;

– New state chemical restrictions will not be able to be enacted while EPA

conducts risk evaluations of a high-priority chemical, without the state

first obtaining a waiver from EPA and

– State reporting, monitoring and other information requirements and

requirements imposed under state laws are not preempted.

30

TSCA reform highlights

• EPA is in the middle of a series of public meetings and webinars to

obtain input from the public on the processes used to prioritize and

evaluate chemicals:

– 30 June 2016: Webinar, “Overview of the Amended TSCA”;

– 9 August 2016: Public Meeting, Risk Evaluations;

– 10 August 2016: Public Meeting, Chemical Prioritization and

– 11-12 2016: Public Meeting - Industry Consultation Meeting on Fees.

• See more: http://tinyurl.com/jbb2ra3

31

Albany County enacts Local Law P

• Albany County, NY, has enacted Local Law P, amended Local Law 1 of 2014.

• Restricts the sale and distribution of children's apparel, footwear, travel goods and other children's products containing more than the specified amounts:

– Benzene: 100 ppm;

– Lead: 100 ppm total lead in accessible parts; 90 ppm in paints and surface coatings;

– Mercury: 60 ppm;

– Antimony: 60 ppm;

– Cadmium: 75 ppm;

– Arsenic: 25 ppm and

– Cobalt: 40 ppm.

32

Rockland County amends 'Toxic Free Toys Act'

• Rockland County, New York, Legislature approved Local Law No. 7

of 2015, The Toxic Free Toys Act.

– Effectively repealed Local Law No. 3 of 2015.

• Eliminates the prohibition on antimony, arsenic, benzene, cadmium,

cobalt, lead and mercury in children’s apparel and children’s

products.

33

Ulster County considers toxics

• Ulster County, New York's Local Law 3 of 2016 relating to toxic

chemicals in children’s products was heard 10 May 2016.

• A public hearing was held on 12 July 2016.

• The Law would restrict the sale of children’s products which contain

in excess of:

– Benzene: 50 ppm of total content;

– Mercury, antimony, arsenic or cobalt: 40 ppm of total content;

– Lead: 100 ppm of total content in accessible parts or 90 ppm in paint or

other surface coatings and

– Cadmium: 75 ppm of total content.

34

Westchester stays enforcement

• The Toy Industry Association (TIA) announced the Westchester,

New York, Children's Products Safety Law will not be enforced until

a settlement is reached between Albany County and the Safe to

Play Coalition regarding the Albany law.

• Westchester’s Law prohibits any amount of formaldehyde, benzene,

lead, mercury, antimony, arsenic, cadmium or cobalt in any

children’s product.

35

New York City’s ‘Toxic Toy’ legislation

• New York City Council held a hearing on an amended version of the

proposed Toxic Toy Ban bill on 14 January 2016.

• Legislation would prohibit the sale and distribution of children's

apparel, footwear, travel goods and other children's products

containing more than the specified amounts of formaldehyde,

benzene, lead, mercury, antimony, arsenic, cadmium and cobalt.

36

New York bill on chemicals in children’s products

• New York's Assembly considering A 5612A, regarding toxic chemicals in children's products.

• Bill would:

– Require DEC to post lists of priority chemicals and chemicals of high concern on DEC's website within 180 days;

– Require manufacturers of children’s products that contain intentionally-added priority chemicals to report:

• Product identity,

• Name of priority chemical and

• Intended purpose of chemicals;

– Require manufacturers or distributors to notify retailers of presence of chemical, and provide information regarding toxicity and

– Prohibit the sale, effective January 2019, of a children's product containing priority chemical.

37

New York bill on chemicals in children’s products

• New York's Assembly is also considering A 10715, An act to amend

general business law to protect consumers from toxic chemicals in

children's products.

• “The Parents' Right to Know Act” would require disclosure of

chemicals of high concern to children.

38

New York proposed ‘Child Safe Products Act’

• New York’s Senate is considering S 5995A, to establish lists of

priority chemicals and chemicals of high concern.

• Includes a list of the priority chemicals, such as:

– Antimony and antimony compounds;

– Arsenic and arsenic compounds;

– Benzene;

– Cadmium;

– Cobalt and cobalt compounds;

– Formaldehyde;

– Mercury and mercury compounds and

– Tris (1, 3 dichloro-2-propyl) phosphate.

• Would require reporting of priority chemicals in children's products.

39

New York Senate bill on toxic chemicals

• New York’s Senate is considering S 7507, Relates to regulation of toxic chemicals in children's products.

• Would restrict chemicals of high concern in children's products.

• "Priority chemicals” include:

– Antimony and antimony compounds;

– Arsenic, arsenic compounds;

– Benzene;

– Cadmium;

– Cobalt and cobalt compounds;

– Formaldehyde;

– Lead and compounds (inorganic) and

– Mercury and mercury compounds.

40

Minnesota chemical bills

• Minnesota House considering bills, HF 2717 and HF 2761

– Would require a manufacturer or distributor of a children's product

offered for sale in the state that contains one or more intentionally-

added priority chemicals to report particular information.

• Additionally, HF 1276, which would amend Minnesota's Statutes

related to priority chemicals, as follows:

– Trade secret information and other information submitted to the

Pollution Control Agency related to priority chemicals in children's

products are classified under sections 116.9403 to 116.9411.

– Would also establish new requirements for reporting information on

priority chemicals in children's product.

41

Oregon Toxic Free Kids Act

• In July 2016, the Oregon Health Authority released another iteration

of draft rules implementing the Toxic Free Kids Act.

• Draft rules would:

– Require manufacturers of children’s products to disclose high priority

chemicals of concern for children’s health used in children’s products,

unless manufacturer is exempt;

– Establish requirements for disclosure;

– Establish a process for manufacturer to apply for exemption of

disclosure requirements;

– Establish a fee schedule and

– Describe Health Authority’s civil penalty authority and enforcement

process.

42

New York formaldehyde bill

• New York’s Assembly is considering A 6099, Relates to banning

formaldehyde in certain children's products.

• Defines "children's products“ as “a product primarily designed,

intended or marketed by a manufacturer to be physically applied to

or introduced into a child's body, or used by a child,” such as:

– Baby products or

– “[A] product designed or intended by the manufacturer to help a child

with sucking or teething, to facilitate sleep, relaxation, or the feeding of a

child”, such as: Bedding; furniture and children's apparel.

43

State formaldehyde bills

• New York's Senate is considering S2591

– Per the bill, beginning 1 April 2018, no retailer may sell or offer for sale a

children's product that intentionally contains:

• Formaldehyde, including formaldehyde contained in a solution; or

• Ingredients that chemically degrade under normal conditions of temperature

and pressure to release free formaldehyde at levels exceeding 0.05%.

• Rhode Island's House is considering HB 7643

– Proposal would prohibit the use of formaldehyde or formaldehyde

replacements in certain children's products.

44

Vermont chemical reporting guidance

• Manufacturers are required to report to the Vermont Department of

Health when their children's products contain one or more chemicals

of high concern.

– Reporting deadline has been extended due to delays in the availability

of the online reporting system.

– The new deadline is 1 January 2017 (formerly 1 July 2016).

• In July 2016, DoH posted a webinar walkthrough of the new online

reporting system: https://www.vtsosonline.com/online

45

Technical report on SVHC in footwear

• European Committee for Standardisation (CEN) has issued a

technical report on substances of very high concern in footwear.

• CEN/TR 16417:2016 is designed to help shoe manufacturers collect

mandatory information from suppliers on Substances of Very High

Concern (SVHCs) under REACH.

• CEN will revise the report annually.

46

AAFA Restricted Substances List

• The American Apparel and Footwear Association (AAFA) released

17th edition of Restricted Substances List (RSL).

• Chemical management resource for banned or restricted chemicals

and substances in footwear, apparel and home textiles worldwide.

47

OEKO-TEX Standard 100 amended

• OEKO-TEX Association has amended its test criteria and limit

values for product certification in accordance with OEKO-TEX

Standard 100.

• Supplements or changes were made to the following test

parameters in the OEKO-TEX criteria catalogue:

– Perfluorinated compounds, organotin compounds, softeners/ phthalates,

pesticides, chlorinated phenols, chlorinated benzenes and toluenes,

colourants classified as carcinogenic and which are thus prohibited,

polycyclic aromatic hydrocarbons, alkylphenols and alkylphenol

ethoxylates as well as flame-retardant substances and

– New test parameter "UV stabilisers" was also included in OEKO-TEX

product class IV.

48

Firms sign on to Greenpeace Detox campaign

• Twenty companies from the Italian Prato

textile district have signed up to the Greenpeace

Detox campaign.

• Commits them to phasing out 11 chemical

classes of concern, by 2020.

• Firms represent several levels of the supply

chain, including chemical and raw material

manufacturers, yarn and fabric producers and

dyeing and finishing firms.

49

Denmark flame retardants report

• Denmark's EPA reported on flame retardants in products.

• The aim was to conduct a technical, economic assessment to avoid

TCPP, TDCP and TCEP in children's articles in EU and to evaluate

suitability of alternatives, their availability and risk profile.

• Results will be included in an assessment of the need to prepare a

draft EU restriction on flame retardants.

• In some children's products, the substances were found in an

amount not great enough to obtain flame retardant effect, but still

may pose a risk to children.

50

Proposed addition of decaBDE to REACH

• European Union (EU) is considering a proposed amendment to

REACH, which would add bis(pentabromophenyl)ether to Annex

XVII.

• The proposal would establish a limit of 0.1% by weight of decaBDE

in:

– Another substance, as a constituent;

– A mixture or

– An article, or any part thereof.

• The proposal would take force in 18 months.

51

EU flame textile flame retardant standards

• European Committee for Standardization (CEN) has released two

standards for textiles, which are in accordance with the International

Organization for Standardization.

• Cover methods for the determination of flame retardants in textiles,

particularly:

– EN ISO 17881-2:2016 Textiles - Determination of certain flame

retardants - Part 2: Phosphorus flame retardants (ISO 17881-2:2016)

and

– EN ISO 17881-1:2016 Textiles - Determination of certain flame

retardants - Part 1: Brominated flame retardants (ISO 17881-1:2016).

52

Washington DC restricts flame retardants

• Applies to children's products and residential upholstered furniture.

• Restricts tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-

chloroethyl) phosphate (TCEP), with a limit of 0.1% by mass in any

product component.

• Effective date is dependent on product category and will start on 1

January 2018.

• Authorizes the Mayor to request a Certificate of Compliance (COC)

from manufacturers demonstrating compliance with this Act.

53

Connecticut flame retardant bills

• Raised Bill No. 5299 an act concerning toxic flame retardant

chemicals in children’s products and upholstered residential furniture

– Would restrict decabromodiphenyl ether, hexabromocyclododecane,

TDCPP, TDCP, TCEP and TCPP.

• Raised Bill No. 5404, an act concerning toxic flame retardant

chemicals in children’s products and upholstered residential furniture

– Would restrict TDCPP, TDCP, TCEP and TCPP.

54

Maine flame retardant bill

• Maine's Senate is considering LD 1535.

• Would prohibit sale of upholstered furniture

containing more than 0.1% of a flame-retardant

chemical or containing more than 0.1% of a

mixture that includes flame-retardant chemicals.

• "Flame-retardant chemical" means a chemical

or chemical compound for which a functional

use is to resist or inhibit the spread of fire.

55

Massachusetts flame retardants bills

• The Massachusetts House and Senate are considering H 4241, S

2293 and S 2302:

– Each would restrict flame retardants in children's products, upholstered

furniture, establishing total weight of 1,000 ppm of restricted chemicals.

• Chemical flame retardants include:

– Tris(1,3-dichloro-2-propyl)phosphate (TDCPP);

– Tris(2-chloroethyl)phosphate (TCEP);

– Hexabromocyclododecane (HBCD);

– Bis(2-Ethylhexyl)-3,4,5,6- tetrabromophthalate (TBPH);

– 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB);

– Chlorinated paraffins;

– Tris (1-chloro-2-propyl) phosphate (TCPP) and

– PBDEs including but not limited to pentaBDE, octaBDE and decaBDE.

56

New Jersey flame retardant bill

• New Jersey’s Assembly is considering A 3885, An Act concerning certain products made with flame retardant chemicals.

• Would prohibit the manufacture, sell, offer for sale, lease or distribute children’s product or upholstered furniture produced with or containing more than 0.1% of:– TDCPP (tris (1,3-dichloro-2-propyl) phosphate);

– TCEP (tris (2-chloroethyl) phosphate);

– Tetrabromobisphenol A;

– Decabromodiphenyl ether (decaBDE);

– Antimony;

– Hexabromocyclododecane;

– Tetrabromo phthalate (TBPH);

– Tetrabromo benzoate (TBB);

– Chlorinated paraffins and

– TCPP (tris (1-chloro-2-propyl) phosphate).

57

New York State flame retardant bills

• New York's Senate is considering S03844:

– Would prohibit sale of any residential upholstered furniture that contains

chemical flame retardants intentionally-added in order to provide a

specific characteristic, appearance or quality, to perform a specific

function, or for any other purpose.

• New York's Assembly is considering A7387:

– Would prohibit sale of residential upholstered furniture that contains

chemical flame retardants intentionally-added in order to provide a

specific characteristic, appearance or quality, to perform a specific

function, or for any other purpose.

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North Carolina flame retardant bills

• North Carolina’s House and Senate are considering HB 998 and SB

780, DHHS/Develop State Chemical Action Plan.

• The bills would require development of a State Chemical Action Plan

to identify and recommend actions to take to reduce threats by flame

retardants in children's products.

• The bills define "children's products" as:

– Bedding products designed for or used by children 12 years of age or

younger; including crib mattresses;

– Nursing pillows, similar nursing aids and

– Changing table pads.

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Rhode Island flame retardants bill

• Rhode Island’s Senate is considering SB 2902, An Act relating to

health and safety – Child products and upholstered furniture.

• Beginning 1 July 2017, no manufacturer, wholesaler, or retailer may

manufacture, knowingly sell, offer for sale, or distribute for use any

residential upholstered bedding or furniture, which contains 100

ppm, or greater, of any organohalogen flame retardant chemical.

– Includes any chemical containing bromine or chlorine bonded to carbon

that is added to a plastic, foam or textile.

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Tennessee flame retardant bill

• Two bills to prohibit certain flame retardants in children's products and upholstered furniture.

• Bills would restrict the following chemicals with a limit of 10 ppm each:– TDCPP (tris(1,3-dichloro-2-propyl)phosphate);

– TCEP (tris(2-chloroethyl)phosphate);

– Tetrabromobisphenol A;

– Decabromodiphenyl ether;

– Antimony;

– Hexabromocyclododecane;

– Tetrabromo phthalate (TBPH);

– Tetrabromo benzoate (TBB);

– Chlorinated paraffins or

– Tris (1-chloro-2-propyl)phosphate (TCPP).

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Washington State restricts flame retardants

• Washington's Governor enacted House Bill 2545, Toxic-Free Kids

and Families Act.

• Restricted toxic chemicals in home furniture and kids’ products with

limit of 1,000 ppm each:

– TDCPP;

– TCEP;

– Decabromodiphenyl ether;

– HBCD and

– Additive TBBPA.

• Takes effect 1 July 2017.

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West Virginia flame retardant bill

• Bill applies to:

– TDCPP (tris (1, 3-dichloro-2propyl) phosphate);

– Decabromodiphenyl ether;

– Pentabromodiphenyl ether;

– Hexabromocyclododecane and

– TCEP (tris (2-chloroethyl) phosphate).

• Children's product or upholstered residential furniture.

• 1 July 2019: Limits amounts greater than 1000 ppm in any product component of any regulated flame retardant.

• 1 July 2020: No retailer may sell a children's product or upholstered residential furniture containing in amounts greater than 1000 ppm in any product component of any regulated flame retardant.

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AAFA comments on EU CMR proposal

• American Apparel & Footwear Association submitted comments to the European Commission (EC) on a proposed “fast track” restriction of hazardous substances of carcinogenic, or toxic for reproduction substances (CMR 1A and 1B) in textile articles and clothing.

• The list includes 291 CMR substances, suchas arylamines, azo compounds and lead compounds.

• AAFA urged EC to maintain standard REACH restriction procedure.

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