The Governor of State of Minnesota has signed Bill HF 359 (Second Engrossment) into law, enhancing the flame retardant restrictions on certain consumer products from 1 July 2021.

In addition to the current flame retardant restrictions under Minnesota Statutes Section 325F.071, HF 359 shall expand the scope of flame retardants and products of the current restrictions:

From 1 July 2021, manufacturers and wholesalers shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use any children’s products, upholstered residential furniture, residential textiles or mattresses containing more than 1000 ppm of any organohalogenated flame retardant chemical in any product component.

From 1 July 2022, retailers shall not sell or offer for sale or use any children’s products, upholstered residential furniture, residential textiles or mattresses containing more than 1000 ppm of any organohalogenated flame retardant chemical in any product component.

Exemptions

HF 359 shall add exemption to certain products and flame retardants:

Exempted products:

a) Sale or offer for sale of previously owned products.
b) Electronic components of children’s products, upholstered residential furniture, mattresses, residential textiles or any associated casings.
c) Children’s products, upholstered residential furniture, mattresses, residential textiles for which there is a federal or national flammability standard.
d) Thread or fibre when used for stitching mattress components together.
e) Components of adult mattresses other than foam.

Exempted flame retardants:

a) Flame retardant that is a polymeric material, or is chemically reacted to form a polymeric material with the materials it is intended to protect.
b) Flame retardant that is not likely to present an unreasonable risk of injury to health or the environment.

Note:

1. “Organohalogenated chemical” means any chemical that contains one or more carbon elements and one or more halogen elements, including fluorine, chlorine, bromine, or iodine.
2. “Children’s product” means a product primarily designed or intended by a manufacturer to be used by or for a child under 12 years of age, including any article used as a component of such a product, but excluding a food, beverage, dietary supplement, pharmaceutical product or biologic, children’s toys that are subject to the most recent version of ASTM F963, Standard Consumer Safety Specification for Toy Safety, a medical device as defined in the Federal Food, Drug, and Cosmetic Act, products listed under Minnesota Statutes section 116.9405, clauses (10) and (11), and products listed under sections 325F.03 and 325F.04.
3. “Upholstered residential furniture” means furniture with padding, coverings, and cushions intended and sold for use in the home.
4. “Residential textile” means a textile designed for use in the home as a covering on windows or walls.

About Intertek

Intertek is a leading Total Quality Assurance provider to industries worldwide. Our network of more than 1,000 laboratories and offices and more than 100 countries, delivers innovative and bespoke Assurance, Testing, Inspection and Certification solutions for our customers’ operations and supply chains. Intertek Total Quality Assurance expertise, delivered consistently with precision, pace and passion, enabling our customers to power ahead safely.

www.intertek.com.cn