The U.S. State of California’s Governor has signed Bill AB 2998 to prohibit flame retardants in juvenile products, mattresses and upholstered furniture at levels above 1000 ppm from 1 January 2020. The provisions shall be added to Chapter 3, Division 8 of the Business and Professional Code. Details of the prohibition are as follows:

1. On or after 1 January 2020, a person, including a manufacturer, shall not sell or distribute in commerce any new, not previously owned juvenile products, mattresses, or upholstered furniture that contains, or a constituent component of which contains, covered flame retardant chemicals at levels above 1000 ppm.

2. On or after 1 January 2020, a custom upholsterer shall not repair, reupholster, recover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals at levels above 1000 ppm.

3. The above prohibitions in (1) and (2) shall not apply to the following:

1. Electronic components of juvenile products, mattresses, reupholstered furniture, upholstered furniture, or any associated casing for those electronic components;
   
2. Upholstered or reupholstered furniture components other than those identified in paragraph (1) of subdivision (a) of Section 19094 of the Business and Professional Code;
   
3. Thread or fibre when used for stitching mattress components together;
   
4. Components of adult mattresses other than foam. As used in this paragraph, “adult mattresses” means mattresses other than toddler mattresses, crib mattresses, and other infant sleep products.

Note:

1. “Covered flame retardant chemical” means any chemical that meets both of the following criteria:

1. a. A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire, including, but not limited to, any chemical for which the term “flame retardant” appears on the Occupational Safety and Health Administration substance safety data sheet pursuant to subdivision (g) of Section 19100.1200 of Title 29 of the Code of Federal Regulations as it read on January 1, 2019; and
   
2. b. The chemical is one of the following:
   • A halogenated, organophosphorus, organonitrogen, or nanoscale chemical.
   • A chemical defined as a “designated chemical” in Section 105440 of the Health and Safety Code.
   • A chemical listed on the Washington State Department of Ecology’s list of Chemicals of High Concern to Children in Section 173-334-130 of Title 173 of the Washington Administrative Code as of 1 January 2019, and identified as a flame retardant or as a synergist to flame retardants in the rationale for inclusion in the list.

2. “Juvenile product” means a product designed for residential use by infants and children under 12 years of age, including, but not limited to, a bassinet, booster seat, changing pad, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, and children’s nap mat. However, “juvenile products” do not include any of the following:

1. Products that are not primarily intended for use in the home, such as products or components for motor vehicles, watercraft, aircraft, or other vehicles.
   
2. Products subject to Part 571 of Title 49 of the Code of Federal Regulations regarding parts and products used in vehicles and aircraft.
3. Products required to meet state flammability standards in Technical Bulletin 133, entitled “Flammability Test Procedure for Seating Furniture for Use in Public Occupancies.”
4. Consumer electronic products that do not fall under the jurisdiction of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation for flammability standards.

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