The U.S. State of New Hampshire’s Governor has signed SB193 into law to prohibit the sale of upholstered furniture with flame retardant chemicals. It shall enter into force immediately. The following is the highlight of the bill:

Prohibition

1. No person shall import for sale or ship to a customer in New Hampshire, nor shall any person manufacture for sale in this state, upholstered furniture containing in its fabric or other covering or in its cushioning materials > 0.1% of a flame retardant chemical or > 0.1% of a mixture that includes flame retardant chemicals.
2. No person shall sell, offer to sell, or distribute for promotional purposes, upholstered furniture if in receipt of the notice sent by a manufacturer that the products do not comply with the limit of flame retardant.

Certificate of Compliance

Manufacturer shall provide the attorney general with a certificate declaring that its product complies with the requirements of flame retardant within 30 days of receipt of request.

Exemption

The prohibition shall not apply to the following upholstered furniture products containing flame-retardant chemicals:

1. Used upholstered furniture, including antique upholstered furniture.
2. Upholstered furniture purchased for public use in public facilities.
3. New upholstered furniture, that are subject to the prohibition, is sold, offered for sale, or distributed for promotional purposed in New Hampshire by a retailer or wholesaler on or after 1 January 2021 and that was imported into New Hampshire or purchased or acquired by the retailer or wholesaler for sale or distribution in New Hampshire before 1 January 2021.
4. New upholstered furniture that are subject to the prohibition and is manufactured before 1 January 2020.
5. Upholstered furniture which includes electronic or electric components.
6. Mattresses.

Products that meet the following requirements shall deemed in compliance with the requirements of flame retardant and shall not apply to the prohibition:

1. Upholstered furniture bearing a label or accompanied by a certificate indicating compliance with California BPC section 19101, as amended.
2. Upholstered furniture bearing a label, as prescribed by California BPC section 19094 (2014), indicating that the product’s upholstery materials “contain NO added flame retardant chemicals.

Note:

• Flame-retardant chemical: a chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. Flame-retardant chemical includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants and any chemical or chemical compound for which "flame retardant" appears on the substance safety data sheet required under 29 C.F.R. section 1910.1200(g).
• Mattress: same definition as in 16 C.F.R. section 1632.1.
• Upholstered furniture: residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.

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