San Francisco’s ordinance to ban flame retardants was unanimously approved on October 17th, 2017. It was sponsored by Supervisor, Mark Farrell of District 2 on the City and County San Francisco Board of Supervisors.
The ban goes into effect as of January, 1st 2019. Certain companies have been given an additional six months to comply. All other companies are expected to sell any and all “juvenile product or upholstered furniture” with less than “1,000 ppm of any flame retardant chemical”. The ban does not include children’s mattresses unless they meet 16 CFR Part 1632 or 1633.
Details are not currently available of how or if this will affect the California’s flammability label.
Prop 65 Memo Available from the Law Offices of Joanne E. Mattiace
You may have heard that there are changes coming down the pike in regards to California Prop 65. Some of you have indicated great concern about these changes. To assist you with offering consumer products in California, we have prepared a short compliance document which can help you with your approach to such product offerings. Please let us know if you would like to order a copy of that memo.
If your company offers any consumer product for sale which contains any type of manufactured wood, you are likely familiar with the need to comply with California’s wood and formaldehyde labeling and emissions standard.
Be aware that a new federal rule, both labeling and emissions, kicks in later this year. The new federal rule is similar, though not identical, to the California requirement. There has been a great deal of confusion over this federal rule but it is now slated to be effective in December of 2017. Companies may now begin to use the labels necessary to appear on products.
Now is the time to consult with your suppliers and secure documentation as to the emissions levels associated with the use of such manufactured wood in consumer products. Therefore, go ahead and begin to implement the new federal labeling requirements, and learn the new record keeping obligations imposed upon your company. Also, consult with legal counsel and/or the team at Legal Label sooner than later. Don’t put your product offerings at risk with a possible violation.
Utah is the first state accepted on Pennsylvania law labels. Pennsylvania used to only accept its own sterilization permit on its law label. Pennsylvania was the most stringent state, requiring a third party inspect the sterilizing method.
Pennsylvania requires a one-time certification, but a yearly renewal.
Suppliers of wool, down, feather, and animal hair as fillings can choose between which of the two states they wish to use for their base permit. Furthermore, they still need to be registered in all states requiring sterilizing for their goods (CT, RI, MA).
Do you need a sterilization permit for your mattress, bedding, upholstered furniture, or stuffed toy?
Early in spring of 2017, Rhode Island passed bill H5082 that bans the sale of “upholstered bedding and furniture” that contains more than 100 parts per million of any organohalogen flame retardant. There was stall in passing of the bill due to the General Assembly taking an adjournment in the summer. That legislation became law on September 18th, 2017 without Governor Gina Raimando’s (D) signature.
There is effort by bedding regulation organizations to define “upholstered bedding”, which is not defined in the law, and feel it is not intended to include mattresses. The legislation was largely supported by concerns about the health of firefighters.
Licensing Fees Have Changed for Pennsylvania as of October 30th, 2017.
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The Bedding and Stuffed Article licensing fees have doubled or tripled. The changes are as follows:
Manufacturer License & Renewal: $150.00 USD
Sterilization Permit: $75.00 USD
Sterilization: Renewal: $35.00 USD
Toy Manufacture License & Renewal: $75.00 USD
Per Unit Fees: $.05 USD
House Bill 118 is a bi-partisan effort, headed by Senator Kaufer (R). The bill is in regards the 2017-2018 Commonwealth Budget, and changed fees for Pennsylvania’s Department of Labor and Industry.
Legal Label will update as this goes, since we are currently invoicing our client base for their 2018 renewal fees.
In addition to sterilization fee changes, Pennsylvania has also announced it will accept Utah sterilization permits.
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.
Virginia is now issuing one manufacturer’s license that covers both bedding and upholstered furniture. VA is also in the process of updating to a new database.
Virginia requires that the Date of Delivery be listed on the law label, though they say that their inspectors haven’t been actively enforcing this requirement. (They also list font size as not being enforced at this time, however, other states are requiring such.) Please see VIRGINIA’S WEBSITE for more information.
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.
Utah is the first state accepted on Pennsylvania law labels. Pennsylvania used to only accept its own sterilization permit on its law label. Pennsylvania was the most stringent state, requiring a third party inspect the sterilizing method.