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Maine Bans Flame Retardants

Upholstered Furniture, beginning 01/01/2019.

Maine is the first state in the nation to pass a law (Bill LD182) banning all flame retardants in upholstered furniture. The new law outlaws the sale of residential upholstered furniture that contains more than 0.1% of a flame retardant chemical or more than 0.1% of a mixture that includes flame retardant chemicals.

Per the legislation: “Flame-retardant chemical” means 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 Code of Federal Regulations, Section 1910.1200(g) (2015).

Stay tuned as we look into this new law for more information regarding any rules that are adopted as defined in Title 5, chapter 375, subchapter 2-A.

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CPSC Industry Training

September 11-13, 2017

Laboratory Testing of Children’s Products
September 11, 2017, Guangzhou, China, 8:00 am-5:00 pm
Forum and Training for laboratories and prospective participants, in the CPSC’s Third Party Testing Program. The Staff will conduct a testing industry forum and training day on conformity assessment of children’s products. The even is open to those in the CPSC’s Third Party Testing Program and those interested in applying for the program. The interactive format will allow for feedback form the testing industry based on experience with conformity assessment to CPSC requirements and they will take specific questions from those in attendance. Staff will provide training on critical areas of testing and cover cover accreditation issues that are of special concern to the CPSC.

Design for Safety: Preventing Mechanical Hazards for Designers and Manufacturers
September 12, 2017 – Guangzhou, China, 8:00 am-5:00 pm
CPSC staff, in cooperation with the European Commission, will conduct a training seminar on designing consumer products to prevent mechanical hazards. The target audience includes designers, manufacturers, and testing professionals who deal with consumer products. Government and industry experts will discuss common mistakes and identify areas for more careful consideration.

U.S. Mattress and Furniture Safety Requirements – Training for Designers and Manufacturers
September 13, 2017 – Shanghai, China
CPSC staff will train on mattress and furniture safety requirements at the China International Furniture Fair at the National Exhibition & Convention Center, Shanghai, China. Content will focus on designing, testing and manufacturing mattresses and furniture that meet regulations for fire and chemical safety, as well as children’s furniture products.

More information about how to register, times, and locations will be announced soon. Contact the CPSC for more information.

Oklahoma Annual Reports

OK is now requiring an annual report of each bedding article manufactured, renovated, sold, or germicidally treated in the State of Oklahoma, from July 1 to June 30th each year, and they are charging a $0.05 fee per item. Facilities that manufacture, sell, or germicidally treat fewer than 400 bedding articles per year are required to purchase Oklahoma Bedding Stamps and place them on the tags of bedding items manufactured, renovated, sold, or germicidally treated in Oklahoma.

Ontario Regulation Changes

The government is planning to update their regulations to limit annual licensing requirements to bedding, mattresses and upholstered furniture articles. Second-hand materials would still be allowed as stuffing, provided they comply with the sterilization standards; labeling requirements would be simplified to give businesses greater flexibility; home hobby and craft operators would no longer need licensing; and  they plan on introducing mandatory incident reporting. Before moving forward with these changes, the Ministry will be opening up consultation and reviewing comments this summer and into the fall. They are currently operating under the status quo, but change is imminent. Please CONTACT Ontario for more information.

Sterilization

Filling Material of Animal Origin

If you are sterilizing feather, down, or other filling material of animal origin (such as wool) you must obtain a sterilization permit from 5 states or if you are a manufacturer or importer using a sterilization permit on your law label you may want to consider proof of compliance from the sterilizer.

Note that UT’s sterilization permit applications can now be processed as of July 3rd, 2017. 

Regulation to Reduce Formaldehyde Emissions

Composite Wood Products

If you are a manufacturer, an importer, a distributor or a retailer of any finished product containing manufactured wood, you should be aware that the Environmental Protection Agency’s rule regarding formaldehyde emissions is back on. While the new Administration had attempted to delay the program’s effective date, that effort was met with resistance and threats of legal challenges. While we at Legal Label will have more to say about this subject in coming weeks and months, you should be aware now that the new federal program will be imposing new emissions standards for hardwood plywood, medium-density fiberboard and particleboard as of December, 2017. Laminated wood components will not fall within the scope of the new rule for 7 years and, as of now, structural plywood is exempt as well.

Labels for finished products containing such manufactured wood will also be required as will vigorous record-keeping rules.
Notably, every company in the supply chain will bear the burden of record-keeping.
Legal label will be assist to your company with its new label obligation.
Finally, note that EPA and the State of California are working together to figure out how best to phase out the California program already in existence. As is usual in these situations, a transition period will most likely be provided, thereby easing the changes with product labels
While we have yet to see a lot of details about this new program, we do advise every affected company to now start working with its wood panel suppliers in an effort to anticipate the new requirements. Do not wait!
Stay tuned for further details.