The US State of Maine has passed a bill (H.P. 138 - L.D. 182) to approve an act of prohibition on the sale and distribution of new upholstered furniture containing certain flame-retardant chemicals.

From January 1, 2019, a person may not sell or offer to sell or distribute for promotional purposes upholstered furniture containing in its fabric or other covering or in its cushioning materials more than 0.1% of a flame-retardant chemical or more than 0.1% of a mixture that includes flame-retardant chemicals.

Department of Environmental Protection (DEP) has indicated that they will need to develop a product labeling and registration program for manufacturers and a product sampling and testing program for certification.

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 Code of Federal Regulations, Section 1910.1200(g) (2015).

Upholstered furniture means 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.

The restrictions do not apply to the following upholstered furniture products containing flame-retardant chemicals:

1. Used upholstered furniture;
2. Upholstered furniture purchased for public use in public facilities, including, but not limited to, schools, jails and hospitals; and
3. New upholstered furniture otherwise subject to the prohibition in subsection 2 that is sold, offered for sale or distributed for promotional purposes in the State by a retailer or wholesaler on or after January 1, 2019 and that was imported into the State or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the State prior to January 1, 2019. 

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